EMERALD ISLE_COMPLETE FILE - HISTORICAL_20130823

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCSOOOO_
DOC TYPE
❑ COMPLETE FILE -HISTORICAL
MOST RECENT
DATE
❑ Oo l,3d 4 �73
YYYYMM D D

Diuguid, Bill
From:
Bennett, Bradley
Sent:
Friday, August 23, 2013 12:22 PM
To:
Diuguid, Bill
Cc:
Randall, Mike
Subject:
RE: E,I. bikeway placemark
I don't think anything would be different.
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1617 Mail Service Center Email: brad ley. ben nettc( ncdenr.gov
Raleigh, NC 27699-1617 Web: http:/Iportal.ncdenr.org/web/Irlstormwater
Email correspondence to and from this address may be subject to public records laws
From: Diuguid, Bill
Sent: Friday, August 23, 2013 12:19 PM
To: Bennett, Bradley
Cc: Randall, Mike
Subject: E.I. bikeway placemark
Wanted to put a placemark in for a discussion on Monday as to how to proceed with the E.I. bikeway construction
potential permitting.
Had a discussion with Frank Rush, Town Mgr this morning and he is ready to get back to working on this project.
He mentioned that the bikeway segment under construction now is the last segment of the previously permitted
bikeway.
With the completion of that segment, they will have done 5 miles and they have 5 more miles to build.
He wants to go to bid in September on this next section and have the contractor start Oct 15t.
He wants to meet all of the sw requirements and he said the project is being reviewed by NCDOT right now since it's in
their right-of-way.
But he wants to do this as inexpensively as possible.
He is seeking our advice as to how to get this project best permitted, if permitting is required.
He said they would be glad to permit the project under their USMP.
The last email thread I had on this, Linda Lewis wants infiltration calcs which Johnny Freshwater said he could do, and
she was willing to expedite the approval since this is a continuation of the existing trail system, same design, materials,
sw swales, etc.
I wanted to gauge whether any of the procedures or checkoffs are different now that we are in DEMLR.
Bill Diuguid, AICP, Planner
Stormwater Permitting
Land Quality Section
Division of Energy, Mineral and Land Resources I NCDENR
1617 Mail Service Center (Mail)
512 N. Salisbury St, Raleigh, NC 27604 1 91h Floor (Location Parcels)
Raleigh North Carolina 27699-1617
Phone: [phone] Fax: [phone]

Website: http://portil.necienr.org/web/wq/ws/su
Email correspondence to and from this address may be subject to the Borth Carolina Public Records Law and may be disclosed to third parties.

Diuguid, Bill
From: Bennett, Bradley
Sent: Wednesday, July 17, 2013 9:47 AM
To: Lewis,Linda
Cc: Diuguid, Bill; Randall, Mike; Scott, Georgette
Subject: RE: NC 58 bicycle path
Linda,
Obviously we need to talk about this issue again as a group and make sure we are all on the same page. So let's plan to
do that at our next consistency meeting, For this project Bill indicates that the Town is okay with submitting the "other"
project application. The issue for them is providing all the details calculations, etc. I checked with the WaRQ and they
have approved a number of similar projects under the "Other" permit and have considered them like linear road
projects and review the swales as conveyance and treatment but not an engineered treatment BMP. So, they don't
require the volume calculations, seals, etc. We should handle this one in the same manner.
t:
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center ( Email: brad ley.bennetla, ncden r.gov
Raleigh, NC 27699-1617 Web: http:llportal.ncdenr.org/weblwg/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Lewis,Linda
Sent: Monday, July 15, 2013 2:56 PM
To: Bennett, Bradley
Cc: Diuguid, Bill; Randall, Mike; Scott, Georgette
Subject: RE: NC 58 bicycle path
That is not how it's been handled in the recent past. The renewed Phase II permits were supposed to have
conditions added regarding the need for the Phase II entity to submit their own projects to the State for review
and permitting to avoid a conflict of interest. Was this not done?
If we are allowing entities to permit their own projects, then shouldn't we put that out in writing to those
entities? We can avoid a lot of confusion out there.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Pecords Law and may
be disclosed to third parties.
From: Bennett, Bradley
Sent: Monday, July 15, 2013 1:28 PM
To: Lewis,Linda

Aro l 14F Pr-y^ 7�> E-C 1+a s1F- 7H - Pn 0 J,6c7V
Diuguid, Bill W r �{ilnl s r' 0tj S d r\%,O O 14eF-
From: Bennett, Bradley
��i +r WP"Lb 0 A) a
Sent: Monday, July 15, 2013 3:51 PM
To: Diuguid, Bill; Randall, Mike
Subject: FW: Emerald Isle - Bike Path
Here is the second one.
::
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: brad ley. ben nettOncdenr.cLov
Raleigh, NC 27699-1617 Web: htlp:llportal.ncdenr.orglweblwq/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Scott, Georgette
Sent: Monday, July 15, 2013 3:47 PM
To: Bennett, Bradley
Subject: FW: Emerald Isle - Bike Path
See below.
Gcorgcltc scow
S(ornnvater Protranl Sullerviscn-
State Slo]-nnvater Program
NC Divishm t)[ Vatcr Quality
127 Cardlual Drive 1st.
Wiln]ingion, NC 28405
P11011c [phone]
Fax [phone]
1':-111:3il correspuudence to and lrutn Ibis ;i(1dIVSS 11M)' hc! subjvo III [IIc' oi7]] CaroGwi Public Records ]:nr [wd may be disclosed lu third pallies.
From: Diuguid, Bill
Sent: Friday, June 19, 2009 10:38 AM
To: Hunter Freeman
Cc: Scott, Georgette
Subject: RE: Emerald Isle
Hunter:
I know I told you a couple days ago that they could do it, but after talking with Bradley Bennett here, and Georgette
Scott in the Wilmington Regional Office, Wilmington wants.to see this project, and probably issue the permit. Sorry for
the direction shift. Generally, we have been moving in the direction of letting approved Phase Ii or USMP communities
doing their own projects, but in the case of bikeways, they may be cutting across other previous permitting projects and
adding impervious surface.
You should call Georgette and see what she wants to do on this one. They are working on a similar Wilmington project
right now, so I would check with her.
Georgette's Phone [phone]

I A
Thanks.
Bill
From: Hunter Freeman[mailto,[e-mail]]
Sent: Friday, June t9, 2009 9:37 AM
To: Bill Diuguid
Subject: Emerald Isle
Bill - to follow up on our phone call earlier this week, I have discussed the stormwater permitting with Frank Rush and he
would prefer that the Town handle the permitting (through John Freshwater) as long as this is acceptable and allowable
within their USMP ordinance.
Again, the project is a 4 mile long bike path, approximately 10' wide. The Town is the project owner, but the path will be
constructed within existing NC DOT Right of Way.
Could you confirm that the Town can issue the permit to themselves?
If you have any questions feel free to call or email.
thanks
Hunter
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Diuguid, Bill
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From: Frank Rush [[e-mail]]
Sent: Monday, July 15, 2013 2:54 PM
To: Diuguid, Bill
Subject: RE: NC 58 bicycle path
c�ll�
Thank you so much for your efforts on this! I received your voice mail but was in a meeting all morning.
I will call you soon to discuss. It sounds like the best approach might be to prepare our plans for the "other" designation
as a sidewalk, etc., and then submit to Linda. Not a big deal for us to do that, especially if we don't need calculations.
I hope all is well for you.
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
[e-mail]
www,emeraldisle-nc.org
-----Original Message -----
From: Diuguid, Bill [mailto:[e-mail]]
Sent: Monday, July 15, 2013 1:52 PM
To: Frank Rush
Subject: FW: NC 58 bicycle path
Fyi, also.
Bill
From: Bennett, Bradley
Sent: Wednesday, July 10, 2013 2:16 PM
To: Diuguid, Bill
Subject: FW: NC 58 bicycle path
FYI
Response from Scott.
I37

Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: [e-mail]
Raleigh, NC 27699-1617 Web: httpalportal,ncdenr.orglweblwglwslsu
Email correspondence to and from this address may be subject to public records laws
From: Vinson, Scott
Sent: Wednesday, July 10, 2013 1:29 PM
To: Bennett, Bradley
Cc: Dumpor, Samir
Subject: RE: NC 58 bicycle path
Bradley,
Based on previous discussions that we've had and according to DEMLR's current policy we would lean more
towards us permitting the town's project to prevent any conflicts of interest. DEMLR does not let local
municipalities review their own projects and starting Aug. 1, we may have to adopt that policy;) However, if
current precedence has been made, according to Bill's email, that we can allow local governments to review
their own projects then maybe at this time we may not want to change this.
The second issue involves dealing with requiring a PE to help submit the package. We believe this project goes
into the typical linear road type projects and would permit it as an "Other" project and would review the swales
proposed simply as a conveyance as well as treatment but not the typical engineered treatment BMP and would
not require volume calculations, PE seal, etc.. We've actually permitted half a dozen or more of these sidewalk
projects just like this already.
Let us know how it turns out. Thanks,
Scott
Before printing this email, please consider your budget and the environment.
*E-mail correspondence to and from this address is subject to the North Carolina Public Records I..aw and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Bennett, Bradley
Sent: Wednesday, July 10, 2013 10:54 AM
To: Vinson, Scott; Dumpor, Samir
Subject: FW: NC 58 bicycle path
Hey Guys,
Take a look at the discussion below and let me know what you thoughts are. With the USMP and our ability to
audit their program, I'm not sure why we wouldn't just let them handle their own reviews and just maybe copy
us on the approval? What do you think.
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: brad1ey.bennett(@,ncdenr.gov
Raleigh, NC 27699-1617 j Web: http:llporlal.ncdenr.orglweblwglwslsu
Email correspondence to and from this address may be subject to public records laws

From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:45 AM
To: Sennett, Bradley; Randall, Mike
Subject: FW: NC 58 bicycle path
fyi
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:43 AM
To: Dluguid, Bill; Frank Rush
Cc: johnfh2o(@ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis,
Braxton C
Subject: RE: NC 58 bicycle path
Self -permitting could be seen as a conflict of interest. In our new era of government transparency, it's
best if the local entity has their projects approved by the state.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:08 AM
To: Lewis,Linda; Frank Rush
Cc: johnfh2oCcbec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis,
Braxton C
Subject: RE: NC 58 bicycle path
Does E.I. need a state stormwater permit since they have adopted the USMP or can they issue the permit
themselves?
John Freshwater still handles their reviews, I believe, so he could do the infiltration calcs for the town's projects.
E.1. is not Phase 11, but generally we have allowed jurisdictions to review their own stormwater mgmt projects if
they are comfortable with doing that. Many are not and send them to us for an arms -length review. But the
option to do it themselves is available.
Bill
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:00 AM
To: Frank Rush; Diuguid, Bill
Cc: 'ohnfh2o ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis,
Braxton C
Subject: RE: NC 58 bicycle path
W

Because DOT is not constructing the project, it can't just be handed off to DOT for exclusion under their
Phase II permit, even though the -bike path will be in their right-of-way.
For this case, the Town should apply for the "Other" permit for public roads and bridges, with the design
standards being as listed in Section .1003 (d)(3)(C) of the rules:
1. Minimize the BUA. We've always asked the applicant to support whatever width of bike path is
specified. If an 8—foot wide path will suffice instead of a 10-foot wide path, and will meet local
and DOT requirements, then the BUA will have been reduced.
2. Divert stormwater away from surface waters. From reading Mr. Rush's email, it sounds like the
general design approach is to provide an infiltration swale between the road and the path and to
slope the path to drain runoff into the Swale to be infiltrated. That sounds great.
3. Provide best management practices to minimize water quality impacts. The proposed infiltration
Swale will meet this standard.
I can't say whether or not you'll be able to get by without an engineer or surveyor. Who will be
preparing the plans and running the swale volume calculations? The rules do require that a qualified
professional for the type of proposed system, do the design work. Surveyors are allowed to do
incidental drainage design (pipes and swales) but may not be comfortable with the infiltration
calculations.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext,
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Frank Rush [mailto:frush emeraidisle-nc.or ]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: johnfh2oCa ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis,
Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
I hope you are both doing well, I hope you can help us navigate a particular issue in the most cost-effective and
timely manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahlt bicycle path along the south
side of NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of
this work was completed with FHWA / NCDOT grant funding, and we retained professional engineers to complete
the design work because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this
will extend the path all the way to the Indian Beach town line. The entire project will be constructed within
NCDOT right of way, and we will be securing an encroachment agreement from NCDOT. The Town is funding
100% of the cost, so we are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment
agreement, and I'd rather not spend the money and time on engineering services if we don't have to do so. I'd

rather take a simplistic approach of directing the contractor to place the path in certain locations based on
prescribed standards approved by NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking
nearly identical to the existing 2 miles of path between Black Skimmer Drive and Hurst Drive, and will consist of a
10 ft. wide asphalt path placed within the NC 58 right of way as far off of the existing asphalt surface as possible.
In general, we expect there to be about —25-30 feet (or more) of right of way width (between edge of existing NC
58 pavement and private property lines to the south) available to place the path in, so we'll likely wind up with
—15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on the southern edge of the NC 58
right of way. In general, the path will be slightly tilted to route storm water running off of the bike path into the
newly sculpted ditch for infiltration into the sandy soils. in many places, no distinct ditch currently exists, and the
NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear. ft, of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water
permit without an engineered storm water management plan? What is the simplest approach that we can take to
receive the appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a
bike path or sidewalk? Please note also that the Town participates in the USMP program. From a practical
standpoint, I am 100% confident that the new bike path will not create any storm water problems, as the
elevations are high and the soils are very sandy, plus we'll actually be improving the storm water collection
system. Additionally, we are currently in the process of removing existing storm water outfalls into Bogue Sound
over the eastern 2+ miles of the bike path project area, further improving water quality in Bogue Sound,
will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd
require the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc -
essentially the same approach we've taken for the previous NC 58 path segments. Can you tell me the best
person to direct these questions toward, or perhaps forward it to that person and copy me on the email? We'll
also need a CAMA permit for a portion of the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day
2014. Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost,
yet still providing the appropriate storm water controls, is greatly appreciated!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
frush ((Demeraldisle-nc.org
www.emeraldisle-ne.org

Cc: Diuguid, Bill; Randall, Mike; Scott, Georgette
Subject: FW: NC 58 bicycle path
Linda,
l think we should be handling USMP local governments the same way as MS4 communities. We allow them to review
their own projects under their local programs. We can always audit their programs and if you want, ask them to copy
you on the approvals they issue for theis own projects.
:t
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: bradley. ben n ett(a)ncdenr. gov
Raleigh, NC 27699-1617 Web: http:llportal.ncdenr.org/web/wg/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:45 AM
To: Bennett, Bradley; Randall, Mike
Subject: FW: NC 58 bicycle path
fyi
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:43 AM
To: Diuguid, Bill; Frank Rush
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Self -permitting could be seen as a conflict of interest. In our new era of government transparency, it's best if
the local entity has their projects approved by the state.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:08 AM
To: Lewis,Linda; Frank Rush
Cc: johnfh2o(a)ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Does E.I. need a state stormwater permit since they have adopted the USMP or can they issue the permit themselves?
John Freshwater still handles their reviews, I believe, so he could do the infiltration talcs for the town's projects.
2

E.I. is not Phase II, but generally we have allowed jurisdictions to review their own stormwater mgmt projects if they are
comfortable with doing that. Many are not and send them to us for an arms -length review. But the option to do it
themselves is available.
Bill
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:00 AM
To: Frank Rush; Diuguid, Bill
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
M
Because DOT is not constructing the project, it can't just be handed off to DOT for exclusion under their Phase
II permit, even though the bike path will be in their right-of-way.
For this case, the Town should apply for the "Other" permit for public roads and bridges, with the design
standards being as listed in Section .1003 (d)(3)(C) of the rules:
Minimize the BUA. We've always asked the applicant to support whatever width of bike path is
specified. If an 8—foot wide path will suffice instead of a 10-foot wide path, and will meet local and DOT
requirements, then the BUA will have been reduced.
Divert stormwater away from surface waters. From reading Mr. Rush's email, it sounds like the general
design approach is to provide an infiltration swale between the road and the path and to slope the path
to drain runoff into the swale to be infiltrated. That sounds great.
Provide best management practices to minimize water quality impacts. The proposed infiltration swale
will meet this standard.
I can't say whether or not you'll be able to get by without an engineer or surveyor. Who will be preparing the
plans and running the swale volume calculations? The rules do require that a qualified professional for the type
of proposed system, do the design work. Surveyors are allowed to do incidental drainage design (pipes and
swales) but may not be comfortable with the infiltration calculations.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Frank Rush [mailto:[e-mail]]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
I hope you are both doing well. I hope you can help us.navigate a particular issue in the most cost-effective and timely
manner.

As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahlt bicycle path along the south side of
NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of this work was
completed with FHWA 1 NCDOT grant funding, and we retained professional engineers to complete the design work
because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this will
extend the path all the way to the Indian Beach town line. The entire project will be constructed within NCDOT right of
way, and we will be securing an encroachment agreement from NCDOT. The Town is funding 100% of the cost, so.we
are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment agreement, and I'd
rather not spend the money and time on engineering services if we don't have to do so. I'd rather take a simplistic
approach of directing the contractor to place the path in certain locations based on prescribed standards approved by
NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking nearly identical to the existing 2 miles of path
between Black Skimmer Drive and Hurst Drive, and will consist of a 10 ft. wide asphalt path placed within the NC 58 right
of way as far off of the existing asphalt surface as possible. In general, we expect there to be about —25-30 feet (or more)
of right of way width (between edge of existing NC 58 pavement and private property lines to the south) available to place
the path in, so we'll likely wind up with --15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on
the southern edge of the NC 58 right of way. In general, the path will be slightly tilted to route storm water running off of
the bike path into the newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently
exists, and the NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear. ft. of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water permit
without an engineered storm water management plan? What is the simplest approach that we can take to receive the
appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a bike path or
sidewalk? Please note also that the Town participates in the USMP program. From a practical standpoint, I am 100%
confident that the new bike path will not create any storm water problems, as the elevations are high and the soils are
very sandy, plus we'll actually be improving.the storm water collection system. Additionally, we are currently in the
process of removing existing storm water outfalls into Bogue Sound over the eastern 2+ miles of the bike path project
area, further improving water quality in Bogue Sound.
will have the same question for the State erosion and sediment control permit. At this point, l expect that we'd require
the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc - essentially the same
approach we've taken for the previous NC 58 path segments. Can you tell me the best person to direct these questions
toward, or perhaps forward it to that person and copy me on the email? We'll also need a CAMA permit for a portion of
the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day 2014.
Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost, yet still providing
the appropriate storm water controls, is greatly appreciated!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
frushOa emeraldisle-nc.org
www.emeraldisle-nc.org

Diuguid, Bill
From:
Lewis,Linda
Sent:
Wednesday, July 10, 2013 9:43 AM
To:
Diuguid, Bill; Frank Rush
Cc:
[e-mail]; 'Kevin Reed';
Ted; Davis, Braxton C
Subject:
RE: NC 58 bicycle path
'Alesia Sanderson% Gregson, Jim; Huggett, Doug; Tyndall,
Self -permitting could be seen as a conflict of interest. In our new era of government transparency, it's best if
the local entity has their projects approved by the state.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext,
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:08 AM
To: Lewis,Linda; Frank Rush
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Does E.I. need a state stormwater permit since they have adopted the USMP or can they issue the permit themselves?
John Freshwater still handles their reviews, I believe, so he could do the infiltration talcs for the town's projects.
E.I. is not Phase II, but generally we have allowed jurisdictions to review their own stormwater mgmt projects if they are
comfortable with doing that. Many are not and send them to us for an arms -length review. But the option to do it
themselves is available.
Bill
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:00 AM
To: Frank Rush; Diuguid, Bill
Cc: iohnfh2o0)ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
All
Because DOT is not constructing the project, it can't just be handed off to DOT for exclusion under their Phase
II permit, even though the bike path will be in their right-of-way.
For this case, the Town should apply for the "Other" permit for public roads and bridges, with the design
standards being as listed in Section .1003 (d)(3)(C) of the rules:
1. Minimize the BUA. We've always asked the applicant to support whatever width of bike path is
specified. If an 8—foot wide path will suffice instead of a 10-foot wide path, and will meet local and DOT
requirements, then the BUA will have been reduced.

2. Divert stormwater away from surface waters. From' reading Mr. Rush's email, it sounds like the general
design approach is to provide an infiltration swale between the road and the path and to slope the path
to drain runoff into the Swale to be infiltrated. That sounds great.
3. Provide best management practices to minimize water quality impacts. The proposed infiltration swale
will meet this standard.
I can't say whether or not you'll be able to get by without an engineer or surveyor. Who will be preparing the
plans and running the swale volume calculations? The rules do require that a qualified professional for the type
of proposed system, do the design work. Surveyors are allowed to do incidental drainage design (pipes and
swales) but may not be comfortable with the infiltration calculations.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Frank Rush [mailto:frushC)a emeraldisle-nc.org]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: johnfh2o(-Oec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
I hope you are both doing well. I hope you can help us navigate a particular issue in the most cost-effective and timely
manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahlt bicycle path along the south side of
NC 58 in Emerald Isle. The project has,been extremely popular with our residents and visitors. Most of this work was
completed with FHWA / NCDOT grant funding, and we retained professional engineers to complete the design work
because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this will
extend the path all the way to the Indian Beach town line. The entire project will be constructed within NCDOT right of
way, and we will be securing an encroachment agreement from NCDOT. The Town is funding 100% of the cost, so we
are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment agreement, and I'd
rather not spend the money and time on engineering services if we don't have to do so. I'd rather take a simplistic
approach of directing the contractor to place the path in certain locations based on prescribed standards approved by
NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking nearly identical to the existing 2 miles of path
between Black Skimmer Drive and Hurst Drive, and will consist of a 10 ft. wide asphalt path placed within the NC 58 right
of way as far off of the existing asphalt surface as possible. In general, we expect there to be about -25-30 feet (or more)
of right of way width (between edge of existing NC 58 pavement and private property lines to the south) available to place
the path in, so we'll likely wind up with -15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on
the southern edge of the NC 58 right of way. In general, the path will be slightly tilted to route storm water running off of
the bike path into the newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently
exists, and the NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear. ft. of new, 10 ft, wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water permit

without an engineered storm water management plan? What is the simplest approach that we can take to receive the
appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a bike path or
sidewalk? Please note also that the Town participates in the USMP program. From a practical standpoint, I am 100%
confident that the new bike path will not create any storm water problems, as the elevations are high and the soils are
very sandy, plus we'll actually be improving the storm water collection system. Additionally, we are currently in the
process of removing existing storm water outfalls into Bogue Sound over the eastern 2+ miles of the bike path project
area, further improving water quality in Bogue Sound.
I will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd require
the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc - essentially the same
approach we've taken for the previous NC 58 path segments. Can you tell me the best person to direct these questions
toward, or perhaps forward it to that person and copy me on the email? We'll also need a CAMA permit for a portion of
the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day 2014.
Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost, yet still providing
the appropriate storm water controls, is greatly appreciated!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
frush(Demeraldisle-nc.org
www. emeraldisle-nc.orq

Diuguid, Bill
From: Lewis,Linda
Sent: Tuesday, July 02, 2013 12:05 PM
To: Bennett, Bradley; Dumpor, Samir; Johnson, Kelly; Scott, Georgette; Nelson, Christine; Vinson,
Scott
Cc: Randall, Mike; Diuguid, Bill
Subject: RE: 1 OK sf Trigger Question
So, you're suggesting that just for the purpose of determining if the 10000 sf trigger applies, that we just count
the BUA within the project area?
is it also fair to say that if the 10000 sf trigger is pulled just for the on -site BUA, the plans and the permit
application would necessarily then also pull in the other BUA being proposed outside of the project area as part
of the common plan of development?
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Bennett, Bradley
Sent: Tuesday, July 02, 2013 11:18 AM
To: Lewis,Linda; Dumpor, Samir; Johnson, Kelly;
Cc: Randall, Mike; Diuguid, Bill
Subject: RE: IOK sf Trigger Question
Scott, Georgette; Nelson, Christine; Vinson, Scott
I think we need to provide some flexibility in cases like this one where the BUA is off the project boundary and would
not otherwise be done. For the purposes of determining the BUA amount counted toward the 10K trigger I think we
should only count what is within the property boundary. This would be limited to determining the 10K trigger, so
projects that need a SELL approval or CAMMA Major are already in the program and the BUA would count in their
design considerations.
How does that sound?
:1
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: bradley.ben nett(a)ncdenr,gov
Raleigh, NC 27699-1617 Web: http://Portal,ncdenr,org/web/wq/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Lewis,Linda
Sent: Tuesday, July 02, 2013 8:43 AM
To: Dumpor, Samir; Johnson, Kelly; Scott, Georgette; Nelson, Christine; Bennett, Bradley; Vinson, Scott
Subject: RE: i0K sf Trigger Question

Yes, in this case, because it is a local ordinance that is kicking in the sidewalk, it does make it that much more
difficult. Maybe there should be some acknowledgement on our part that if the additional BUA is not optional to
the project, it should not be counted.
I don't care one way or the other, but it needs to be consistently applied across the board. Developers who
need to build a road in order to access their project, or who choose to put in sidewalks for their development
where there is no local requirement to do so, should still be required to account for that BUA.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Dumpor, Samir
Sent: Monday, July 01, 2013 4:00 PM
To: Lewis,Linda; Johnson, Kelly; Scott, Georgette; Nelson, Christine; Bennett, Bradley; Vinson, Scott
Subject: RE: 10K sf Trigger Question
agree with Linda, however I have a hard time convincing myself that we need to ask for a permit from the developer
that did everything possible to meet our "not subject" conditions and then was forced by the town to install the
sidewalks, that will at the end make him get a permit from us. Can we ask the town to get a separate permit for the
sidewalk once they get to our trigger?
From: Lewis,Linda
Sent: Monday, July 01, 2013 2:36 PM
To: Johnson, Kelly; Scott, Georgette; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Dumpor, Samir
Subject: RE: 10K sf Trigger Question
In any other project, all the BUA that is proposed to be built is counted if it's required in order to build the
project. It doesn't matter that it's not within the property boundary — it's part of and required for the project.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Johnson, Kelly
Sent: Monday, July 01, 2013 12:59 PM
To: Scott, Georgette; Lewis,Linda; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Dumpor, Samir
Subject: RE: 10K sf Trigger Question
Any ideas on this?

From: Johnson, Kelly
Sent: Wednesday, June 26, 2013 1:50 PM
To: Scott, Georgette; Lewis,Linda; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Dumpor, Samir
Subject: RE: 10K sf Trigger Question
The "approval" to a CAMA Major is a related issue that needs to be resolved. But, it doesn't get at the question at hand.
still need to know if the offsite sidewalks which would take the project from 8Ksf to 11Ksf would trigger a MD/LD permit
b/c of a common plan of development, or if they do not count such that the site can get a "not subject" letter. I have
attached an example of a "not subject" letter.
KJ
From: Scott, Georgette
Sent: Wednesday, June 26, 2013 1:34 PM
To: Lewis,Linda; Johnson, Kelly; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Dumpor, Samir
Subject: RE: 10K sf Trigger Question
I agree with Linda. CAMA using our "not subject" letter as an approval makes absolutely no sense to me.
Gcorgoie Scon
5torlinvalcr Protraill Superviscn,
Statc Slorinwatcr Prc>grani
NC Division of \Vater Qualily
127 Cardinal Drive Ext.
\Vlhninglon, NC 28405
Plume (910) 796-73,3:5
Fax [phone]
F; mail 001es1)ondcnec Ira and from this address nrq• be snbjecl to the Noith Carolina Public Records 1.1r;uul nrry be disclosed lay 1hild panics.
From: Lewis,Linda
Sent: Wednesday, June 26, 2013 11:24 AM
To: Johnson, Kelly; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Durnpor, Samir
Cc: Scott, Georgette
Subject: RE: 10K sf Trigger Question
wasn't sure what to do about this particular situation. Needing to have permeable pavement in order to stay
<10000 sf needs a review of the plans, specs and calculations for the permeable pavement design. Whether
that can be covered under the "not subject" letter or needs a permit is up for debate.
What I am sure about is that the review of the project to call it "not subject" should not be used by DCM as a
DWQ "approval" which kicks the project up to a Major permit. I'm no expert on DCM, but I do know that
stormwater cannot be the reason that a project is kicked up to a major. The decision about whether a project is
a major or not has to be outside of any stormwater consideration.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties,
From: Johnson, Kelly
Sent: Wednesday, June 26, 2013 10:39 AM
To: Lewis,Linda; Nelson, Christine; Bennett, Bradley; Vinson, Scott; Dumpor, Samir
Cc: Scott, Georgette
Subject: 10K sf Trigger Question
I have a commercial site under an acre that will use permeable pavement to get below 10K sf. Inside the project
boundary, the project will have -8Ksf BUA after the permeable pavement credit. The site will therefore need a "not
subject" letter showing they will get under the 10Ksf requirement by using permeable pavement. The project is halfway
inside the Ocean Hazard AEC, and so the "not subject" letter will change what would be a CAMA Minor to a CAMA
Major. (We had a 1-Stop meeting and that is what the CAMA staff told the applicant's engineer.) So, the project will
require a CAMA Major but only because stormwater is triggering the CAMA Major with a "not subject letter".
Here is my question:
The town will require the development to build sidewalks around the development, but outside of the project
boundary. The sidewalks will be —3Ksf BUA. Together, the onsite and offsite BUA will total —11Ksf BUA. We generally
tell people to count the local -government -required sidewalks that are outside the project boundary as BUA because
they are part of a common plan with the development. And, we try to get them to tilt the sidewalks into the property
for treatment. But, in this case counting the offsite sidewalks will get the site over 10Ksf BUA and so it will have to get a
standard HD or LD permit rather than the "not subject b/c under 10K sf" letter. In this case, do the offsite sidewalks
trigger a HD/LD permit, or do they not count such that the site can get a "not subject" letter?
Thanks,
Kelly
W_6L,�J oVlV1,SOV><,
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Diuguid, Bill
From: Diuguid, Bill
Sent: Monday, July 15, 2013 1:48 PM
To: Frank Rush
Subject: FW: NC 58 bicycle path
Fyi
From: Bennett, Bradley
Sent: Monday, July 15, 2013 1:28 PM
To: Lewis,Linda
Cc: Diuguid, Bill; Randall, Mike; Scott, Georgette
Subject: FW: NC 58 bicycle path
Linda,
I think we should be handling USMP local governments the same way as M54 communities. We allow them to review
their own projects under their local programs. We can always audit their programs and if you want, ask them to copy
you on the approvals they issue for their own projects.
::
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: bradl_y.bennett(@ncdenr.Qov
Raleigh, NC 27699-1617 Web: httpalportal.ncdenr.orglwebtwg/wslsu
Email correspondence to and from this address may be subject to public records laws
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:45 AM
To: Bennett, Bradley; Randall, Mike
Subject: FW: NC 58 bicycle path
fyi
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:43 AM
To: Diuguid, Bill; Frank Rush
Cc: johnfh2o(o)ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Self -permitting could be seen as a conflict of interest. In our new era of government transparency, it's best if
the local entity has their projects approved by the state.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:08 AM
To: Lewis,Linda; Frank Rush
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Does E.1, need a state stormwater permit since they have adopted the USMP or can they issue the permit themselves?
John Freshwater still handles their reviews, I believe, so he could do the infiltration talcs for the town's projects.
E.I. is not Phase II, but generally we have allowed jurisdictions to review their own stormwater mgmt projects if they are
comfortable with doing that. Many are not and send them to us for an arms -length review. But the option to do it
themselves is available.
Bill
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:00 AM
To: Frank Rush; Diuguid, Bill
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
ME
Because DOT is not constructing the project, it can't just be handed off to DOT for exclusion under their Phase
II permit, even though the bike path will be in their right-of-way.
For this case, the Town should apply for the "Other" permit for public roads and bridges, with the design
standards being as listed in Section .1003 (d)(3)(C) of the rules:
1. Minimize the BUA. We've always asked the applicant to support whatever width of bike path is
specified. If an 8—foot wide path will suffice instead of a 10-foot wide path, and will meet local and DOT
requirements, then the BUA will have been reduced.
2. Divert stormwater away from surface waters. From reading Mr. Rush's email, it sounds like the general
design approach is to provide an infiltration swale between the road and the path and to slope the path
to drain runoff into the swale to be infiltrated. That sounds great.
3. Provide best management practices to minimize water quality impacts. The proposed infiltration swale
will meet this standard.
I can't say whether or not ycu'II be able to get by without an engineer or surveyor. Who will be preparing the
plans and running the swale volume calculations? The rules do require that a qualified professional for the type
of proposed system, do the design work. Surveyors are allowed to do incidental drainage design (pipes and
swales) but may not be comfortable with the infiltration calculations.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

From: Frank Rush [mailto:frush emeraldisle-nc.or ]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
I hope you are both doing well. I hope you can help us navigate a particular issue in the most cost-effective and timely
manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft, wide asphhlt bicycle path along the south side of
NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of this work was
completed with FHWA / NCDOT grant funding, and we retained professional engineers to complete the design work
because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this will
extend the path all the way to the Indian Beach town line. The entire project will be constructed within NCDOT right of
way, and we will be securing an encroachment agreement from NCDOT. The Town is funding 100% of the cost, so we
are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment agreement, and I'd
rather not spend the money and time on engineering services if we don't have to do so. I'd rather take a simplistic
approach of directing the contractor to place the path in certain locations based on prescribed standards approved by
NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking nearly identical to the existing 2 miles of path
between Black Skimmer Drive and Hurst Drive, and will consist of a 10 ft. wide asphalt path placed within the NC 58 right
of way as far off of the existing asphalt surface as possible. In general, we expect there to be about--25-30 feet (or more)
of right of way width (between edge of existing NC 58 pavement and private property lines to the south) available to place
the path in, so we'll likely wind up with -15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on
the southern edge of the NC 58 right of way. In general, the path will be slightly tilted to route storm water running off of
the bike path into the newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently
exists, and the NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear, ft, of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. is there any way that we can secure the appropriate storm water permit
without an engineered storm water management plan? What is the simplest approach that we can take to receive the
appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a bike path or
sidewalk? Please note also that the Town participates in the USMP program. From a practical standpoint, I am 100%
confident that the new bike path will not create any storm water problems, as the elevations are high and the soils are
very sandy, plus we'll actually be improving the storm water collection system. Additionally, we are currently in the
process of removing existing storm water outfalls into Bogue Sound over the eastern 2+ miles of the bike path project
area, further improving water quality in Bogue Sound.
will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd require
the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc - essentially the same
approach we've taken for the previous NC 58 path segments. Can you tell me the best person to direct these questions
toward, or perhaps forward it to that person and copy me on the email? We'll also need a CAMA permit for a portion of
the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day 2014.
Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost, yet still providing
the appropriate storm water controls, is greatly appreciated!
Frank

Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068fax
252-241-6995 mobile
frus LCDemeraldisle-nc.orq
www_emeraldisle-nc.or_q

Diuguid, Bill
From: Diuguid, Bill
Sent: Monday, July 15, 2013 1:52 PM
To: Frank Rush
Subject: FW: NC 58 bicycle path
Fyi, also
Bill
From: Bennett, Bradley
Sent: Wednesday, July 10, 2013 2:16 PM
To: Diuguid, Bill
Subject: FW: NC 58 bicycle path
FYI
Response from Scott.
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality Fax: [phone]
1617 Mail Service Center Email: bradley.ben nett(ftcdenr.goov
Raleigh, NC 27699-1617 Web: http:liporlal.ncdenr.org/web/wq/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Vinson, Scott
Sent: Wednesday, July 10, 2013 1:29 PM
To: Bennett, Bradley
Cc: Dumpor, Samir
Subject: RE: NC 58 bicycle path
Bradley,
Based on previous discussions that we've had and according to DEMLR's current policy we would lean more towards us
permitting the town's project to prevent any conflicts of interest. DEMLR does not let local municipalities review their
own projects and starting Aug. 1, we may have to adopt that policy;) However, if current precedence has been made,
according to Bill's email, that we can allow local governments to review their own projects then maybe at this time we
may not want to change this.
The second issue involves dealing with requiring a PE to help submit the package. We believe this project goes into the
typical linear road type projects and would permit it as an "Other" project and would review the swales proposed simply
as a conveyance as well as treatment but not the typical engineered treatment BMP and would not require volume
calculations, PE seal, etc.. We've actually permitted half a dozen or more of these sidewalk projects just like this
already.
Let us know how it turns out. Thanks,
Scott
` ' Before printing this email, please consider your budget and the environment.

*E-mail correspondence to and frorn this address is subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.
From: Bennett, Bradley
Sent: Wednesday, July 10, 2013 10:54 AM
To: Vinson, Scott; Dumpor, Samir
Subject: FW: NC 58 bicycle path
Hey Guys,
Take a look at the discussion below and let me know what you thoughts are. With the USMP and our ability to audit
their program, I'm not sure why we wouldn't just let them handle their own reviews and just maybe copy us on the
approval? What do you think.
Bradley Bennett
Stormwater Permitting Unit Phone: [phone]
NC Division of Water Quality I Fax: [phone]
1617 Mail Service Center ( Email: brad ley,bennett(o)ncdenr.goy
Raleigh, NC 27699-1617 Web: http:/Iportal.ncdenr.org/webiwg/ws/su
Email correspondence to and from this address may be subject to public records laws
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:45 AM
To: Bennett, Bradley; Randall, Mike
Subject: FW: NC 58 bicycle path
fyi
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:43 AM
To: Diuguid, Bill; Frank Rush
Cc: 'ohnfh2o ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Self -permitting could be seen as a conflict of interest. In our new era of government transparency, it's best if
the local entity has their projects approved by the state.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 9:06 AM
To: Lewis,Linda; Frank Rush

Cc: iohnfh2o0ec.rr.com; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Does E.I. need a state stormwater permit since they have adopted the USMP or can they issue the permit themselves?
John Freshwater still handles their reviews, I believe, so he could do the infiltration calcs for the town's projects.
E.I. is not Phase II, but generally we have allowed jurisdictions to review their own stormwater mgmt projects if they are
comfortable with doing that. Many are not and send them to us for an arms -length review. But the option to do it
themselves is available.
Bill
From: Lewis,Linda
Sent: Wednesday, July 10, 2013 9:00 AM
To: Frank Rush; Diuguid, Bill
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: RE: NC 58 bicycle path
Because DOT is not constructing the project, it can't just be handed off to DOT for exclusion under their Phase
II permit, even though the bike path will be in their right-of-way.
For this case, the Town should apply for the "Other" permit for public roads and bridges, with the design
standards being as listed in Section .1003 (d)(3)(C) of the rules:
1. Minimize the BUA. We've always asked the applicant to support whatever width of bike path is
specified. If an 8—foot wide path will suffice instead of a 10-foot wide path, and will meet local and DOT
requirements, then the BUA will have been reduced.
2. Divert stormwater away from surface waters. From reading Mr. Rush's email, it sounds like the general
design approach is to provide an infiltration swale between the road and the path and to slope the path
to drain runoff into the swale to be infiltrated. That sounds great.
3. Provide best management practices to minimize water quality impacts. The proposed infiltration swale
will meet this standard.
I can't say whether or not you'll be able to get by without an engineer or surveyor. Who will be preparing the
plans and running the swale volume calculations? The rules do require that.a qualified professional for the type
of proposed system, do the design work. Surveyors are allowed to do incidental drainage design (pipes and
swales) but may not be comfortable with the infiltration calculations.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Frank Rush[ma iIto: [e-mail]]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Unda
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: NC 58 bicycle path

Bill and/or Linda -
I hope you are both doing well. I hope you can help us navigate a particular issue in the most cost-effective and timely
manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahit bicycle path along the south side of
NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of this work was
completed with FHWA / NCDOT grant funding, and we retained professional engineers to complete the design work
because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this will
extend the path all the way to the Indian Beach town line. The entire project will be constructed within NCDOT right of
way, and we will be securing an encroachment agreement from NCDOT. The Town is funding 100% of the cost, so we
are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment agreement, and I'd
rather not spend the money and time on engineering services if we don't have to do so. I'd rather take a simplistic
approach of directing the contractor to place the path in certain locations based on prescribed standards approved by
NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking nearly identical to the existing 2 miles of path
between Black Skimmer Drive and Hurst Drive, and will consist of a 10 ft, wide asphalt path placed within the NC 58 right
of way as far off of the existing asphalt surface as possible. In general, we expect there to be about--25-30 feet (or more)
of right of way width (between edge of existing NC 58 pavement and private property lines to the south) available to place
the path in, so we'll likely wind up with -15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on
the southern edge of the NC 58 right of way. In general, the path will be slightly tilted to route storm water running off of
the bike path into the newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently
exists, and the NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear, ft, of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water permit
without an engineered storm water management plan? What is the simplest approach that we can take to receive the
appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a bike path or
sidewalk? Please note also that the Town participates in the USMP program. From a practical standpoint, I am 100%
confident that the new bike path will not create any storm water problems, as the elevations are high and the soils are
very sandy, plus we'll actually be improving the storm water collection system. Additionally, we are currently in the
process of removing existing storm water outfalls into Bogue Sound over the eastern 2+ miles of the bike path project
area, further improving water quality in Bogue Sound.
I will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd require
the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc - essentially the same
approach we've taken for the previous NC 58 path segments. Can you tell me the best person to direct these questions
toward, or perhaps forward it to that person and copy me on the email? We'll also need a CAMA permit for a portion of
the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day 2014.
Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost, yet still providing
the appropriate storm water controls, is greatly appreciated!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594

Diu uid, Bill
From: Diuguid, Bill
Sent: Monday, August 26, 2013 3:24 PM
To: Frank Rush
Subject: Next Phase of Emerald Isle Bikeway Construction
Frank:
had a discussion with Bradley Bennett this morning subsequent to our last Friday conversation.
Bradley said that DEMLR has a policy where if there is public money in a project, then the local government is not
allowed, at least as far as
Sedimentation and Erosion permits, to review and approve their own projects. And of course, now we are a section of
DEMLR's Land Quality, so he believes DEMLR would or will require the same thing from Stormwater Permitting.
went back and re -read all the email threads on this project between you, me, Bradley, Tom Reeder, Linda L., Georgette
Scott, and Scott Vinson of the Washington Regional Office.
then had a discussion today with Georgette Scott of the Wilmington office, Linda Lewis's boss.
Bottom line, you need to fill out a state stormwater application and I would sent it to Georgette Scott's attention.
She said she would expedite the permit as quickly as possible. She said to send a detailed cover letter explaining
what you are doing, i.e. building a continuation of the existing bikeway, in the NCDOT southern right of way of NC58 and
that the proposed
bikeway/greenway does not cross private property, and that it's being built to the same specifications and design of the
existing bikeway, possibly even the same contractor. And then call her and see if she has any questions about the
completion of the submittal. You don't want any Add Info letters delaying you.
She said it would help matters if you had or nearly had the NCDOT approval of your plans and encroachment agreement
when you submit, but that wouldn't be a deal stopper if you want to start the SW permit process anyway before DOT
approval.
She said she would support whatever Linda Lewis had said to you with respect to moving the project along quickly.
told her you wanted to go to bid in September, hopefully for a construction start by the first of October, in order to
finish by Memorial Day next year.
would mention in the cover letter to her what you told me, that the Town of Emerald Isle is essentially building a
stormwater control management system on NC58., where one does not exist now.
Linda, I believe said, she wanted to see the infiltration volume calculations so she could determine if flooding was a
possibility. And I think you said Johnny Freshwater could easily do those. I think you told me Linda said you could use
aerial photo data in lieu of detailed surveyed engineering drawings. I would remind her of that commitment.
As I said,Tom Reeder, our boss for a month or so, said he felt E.I. was empowered to review this project themselves
under the USMP.
Bradley and I both felt E.I. could review under the precedent set in the Phase II program that they could review their
own projects if they had an approved Phase It post -construction ordinance (that I had approved). And the old DWQ,
now DEMLR Washington Regional Office Surface Water Staff said they would approve the bikeway project under the
abbreviated "Other" category for roads, bridges, greenways, etc. which would not require detailed engineered
calculations.
All this appears to be out the window since the reorganization. Nevertheless, .Georgette Scott seems ready and willing
to work to meet your proposed construction start timetable. Once you submit an application, I would call them every
couple of days to see where they are.

I have selected developers and engineers who do that to me all the time. The squeaky wheel theory works..........
At any rate, let me know when you submit something and we can birddog it from up here in Raleigh, to the extent that
that makes any difference. Bradley and I will do what we can to move this along.
ME
Bill Diuguid, AICP, Planner
Stormwater Permitting
Land Quality Section
Division of Energy, Mineral and Land Resources I NCDENR
1617 Mail Service Center (Mail)
512 N. Salisbury St, Raleigh, NC 27604 1 9tt, Floor (Location & Parcels)
Raleigh North Carolina 27699-1617
Phone: [phone] ) Fax: [phone]
Website: http://portal.ncdenr.orglweb/wgfws/%u
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

Diuguid, Bill
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 7:26 AM
To: 'Frank Rush'
Cc: Lewis,Linda; Bennett, Bradley; Randall, Mike; Gregson, Jim
Subject: RE: NC 58 bicycle path
Frank Rush, et al:
As my oceanfront house is just a couple of hundred feet from this bikeway, and I have used the rest of the existing
bikeway extensively, therefore, I am divulging my potential conflict of interest on this project. The existing bikeway is
great, incidentally.
I have never noted any stormwater issues or flooding; along the existing bikeway. The stormwater infiltrates pretty
quickly there on the beach strand.
That said, from a practical standpoint I think Frank Rush is right, if NCDOT is happy with the plans and since it's in the
NCDOT right-of-way and if it meets the standards of the NCDOT linear BMP Design Manual, I think we can defer to
NCDOT's approval. I think we could issue the state stormwater permit, if necessary, after a check of any possibly
conflicting existing state stormwater permits along this planned new bikeway, without having extensive and expensive
engineering plans drawn up. This would assume Emerald Isle would be using the same design stds that were used in the
existing bikeway.
The Land Quality folks will have to decide if they want an extensive plan drawn up for the S & E permit.
Since I just bought my wife a new beach bike for her birthday, we look forward to the construction of the balance of this
bikeway thru the community.
Bill D.
From: Frank Rush [mailto:[e-mail]]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tyndall, Ted; Davis, Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
hope you are both doing well. I hope you can help us navigate a particular issue in the most cost-effective and timely
manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahlt bicycle path along the south side of
NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of this work was
completed with FHWA I NCDOT grant funding, and we retained professional engineers to complete the design work
because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this will
extend the path all the way to the Indian Beach town fine. The entire project will be constructed within NCDOT right of
way, and we will be securing an encroachment agreement from NCDOT. The Town is funding 100% of the cost, so we
are subject to significantly fewer requirements by NCDOT.
NCDOT has informed us that we will likely not need an engineered design to secure the encroachment agreement, and I'd
rather not spend the money and time on engineering services if we don't have to do so. I'd rather take a simplistic

approach of directing the contractor to place the path in certain locations based on prescribed standards approved by
NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking nearly identical to the existing 2 miles of path
between Black Skimmer Drive and Hurst Drive, and will consist of a 10 ft. wide asphalt path placed within the NC 58 right
of way as far off of the existing asphalt surface as possible. In general, we expect there to be about --25-30 feet (or more)
of right of way width (between edge of existing NC 58 pavement and private property lines to the south) available to place
the path in, so we'll likely wind up with —15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on
the southern edge of the NC 58 right of way. In general, the path will be slightly tilted to route storm water running off of
the bike path into the newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently
exists, and the NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear. ft. of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water permit
without an engineered storm water management plan? What is the simplest approach that we can take to receive the
appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a bike path or
sidewalk? Please note also that the Town participates in the USMP program. From a practical standpoint, I am 100%
confident that the new bike path will not create any storm water problems, as the elevations are high and the soils are
very sandy, plus we'll actually be improving the storm water collection system. Additionally, we are currently in the
process of removing existing storm water outfalls into Bogue Sound over the eastern 2+ miles of the bike path project
area, further improving water quality in Bogue Sound.
I will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd require
the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc - essentially the same
approach we've taken for the previous NC 58 path segments. Can you tell me the best person to direct these questions
toward, or perhaps forward it to that person and copy me on the email? We'll also need a CAMA permit for a portion of
the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day 2014.
Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost, yet still providing
the appropriate storm water controls, is greatly appreciated?
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
frush(d.)emeraldisle-nc.org
www.emeraidisle-nc.or9

Diuguid, Bill
From: Diuguid, Bill
Sent: Wednesday, July 10, 2013 8:55 AM
To: 'Frank Rush'
Cc: Lewis,Linda; Sennett, Bradley; Randall, Mike; Gregson, Jim; [e-mail]; 'Kevin
Reed'; 'Alesia Sanderson'
Subject: RE: NC 58 bicycle path
We need to wait for the response from the Wilmington Regional Office (WiRO). They would take the lead on the project
permit decisions and the E & S permit most likely will come from the LQ folks at the WiRO also, so Linda Lewis can
probably get you in touch with them.
We have been happy with the efforts of Emerald Isle to protect water quality and deal with existing development
stormwater issues, like the
Coast Guard Road projects. I like the fact that E.I. is planning to eliminate direct outfalls to Bogue Sound, one of our last
ORW/HQ waters.
I have no doubt that you are taking the same deliberate care in this bikeway project.
Bradley Bennett, Mike Randall and I will consult with Linda Lewis and Co. at WiRO as to what flexibility we have to
expedite the approvals on this project.
Bill
From: Frank Rush[mailto:[e-mail]]
Sent: Wednesday, July 10, 2013 8:35 AM
To: Diuguid, Bill
Cc: Lewis,Linda; Bennett, Bradley; Randall, Mike; Gregson, Jim; [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'
Subject: RE: NC 58 bicycle path
m
Thanks for your flexibility and willingness to help on this issue. Greatly appreciated.
Should we submit our project plans to you? Linda? John Freshwater?
Also, can you tell me the name of the specific contact person at erosion & sedimentation control that we should deal with?
We expect the finished product to be designed to the same standards and look and function just like the existing path.
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile

([e-mail]
www.emeraldisle-nc.orq
-----Original Message -----
From: Diuguid, Bill [mailto:bill.diuguidCc�ncdenr.gov]
Sent: Wednesday, July 10, 2013 7:26 AM
To: Frank Rush
Cc: Lewis,Linda; Bennett, Bradley; Randall, Mike; Gregson, Jim
Subject: RE: NC 58 bicycle path
Frank Rush, et al:
As my oceanfront house isjust a couple of hundred feet from this bikeway, and I have used the rest of the
existing bikeway extensively, therefore, I am divulging my potential conflict of interest on this project. The
existing bikeway is great, incidentally,
have never noted any stormwater issues or flooding along the existing bikeway. The stormwater infiltrates
pretty quickly there on the beach strand.
That said, from a practical standpoint I think Frank Rush is right, if NCDOT is happy with the plans and since it's
in the NCDOT right-of-way and if it meets the standards of the NCDOT linear BMP Design Manual, I think we can
defer to NCDOT's approval. I think we could issue the state stormwater permit, if necessary, after a check of any
possibly conflicting existing state stormwater permits along this planned new bikeway, without having extensive
and expensive engineering plans drawn up. This would assume Emerald Isle would be using the same design
stds that were used in the existing bikeway.
The Land Quality folks will have to decide if they want an extensive plan drawn up for the S & E permit.
Since I just bought my wife a new beach bike for her birthday, we look forward to the construction of the
balance of this bikeway thru the community.
Bill D.
From: Frank Rush [mailto:[e-mail]]
Sent: Tuesday, July 09, 2013 6:44 PM
To: Diuguid, Bill; Lewis,Linda
Cc: [e-mail]; 'Kevin Reed'; 'Alesia Sanderson'; Gregson, Jim; Huggett, Doug; Tynda,l, Ted; Davis,
Braxton C
Subject: NC 58 bicycle path
Bill and/or Linda -
I hope you are both doing well. I hope you can help us navigate a particular issue in the most cost-effective and
timely manner.
As you know, the Town has completed approximately 4.6 miles of 10 ft. wide aspahlt bicycle path along the south
side of NC 58 in Emerald Isle. The project has been extremely popular with our residents and visitors. Most of
this work was completed with FHWA / NCDOT grant funding, and we retained professional engineers to complete
the design work because we were required to do so.
The Town is now proceeding with plans to construct an additional 4.1 miles of bicycle path along NC 58, and this
will extend the path all the way to the Indian Beach town line. The entire project will be constructed within
NCDOT right of way, and we will be securing an encroachment agreement from NCDOT. The Town is funding
100% of the cost, so we are subject to significantly fewer requirements by NCDOT.

NCDOT has informed us that we will likely not need an engineered design to secure the encroachment
agreement, and I'd rather not spend the money and time on engineering services if we don't have to do so. I'd
rather take a simplistic approach of directing the contractor to place the path in certain locations based on
prescribed standards approved by NCDOT. Essentially, the remaining 4.1 miles of path will wind up looking
nearly identical to the existing 2 miles of path between Black Skimmer Drive and Hurst Drive, and will consist of a
10 ft. wide asphalt path placed within the NC 58 right of way as far off of the existing asphalt surface as possible.
In general, we expect there to be about—25-30 feet (or more) of right of way width (between edge of existing NC
58 pavement and private property lines to the south) available to place the path in, so we'll likely wind up with
--15-20 feet of newly sculpted ditch (or more) and then 10 feet of asphalt path on the southern edge of the NC 58
right of way. In general, the path will be slightly tilted to route storm water running off of the bike path into the
newly sculpted ditch for infiltration into the sandy soils. In many places, no distinct ditch currently exists, and the
NC 58 highway runoff just soaks into the sandy soils.
With more than 20,000 linear. ft. of new, 10 ft. wide impervious surface over the 4.1 mile length, we'll be placing
approximately 5 acres of new asphalt down. Is there any way that we can secure the appropriate storm water
permit without an engineered storm water management plan? What is the simplest approach that we can take to
receive the appropriate permit? Is there any flexibility in the regulations for long, linear public projects such as a
bike path or sidewalk? Please note also that the Town participates in the USMP program. From a practical
standpoint, I am 100% confident that the new bike path will not create any storm water problems, as the
elevations are high and the soils are very sandy, plus we'll actually be improving the storm water collection
system. Additionally, we are currently in the process of removing existing storm water outfalls into Bogue Sound
over the eastern 2+ miles of the bike path project area, further improving water quality in Bogue Sound.
I will have the same question for the State erosion and sediment control permit. At this point, I expect that we'd
require the contractor to place sand fencing in the appropriate locations, re -seed the disturbed areas, etc -
essentially the same approach we've taken for the previous NC 58 path segments. Can you tell me the best
person to direct these questions toward, or perhaps forward it to that person and copy me on the email? We'll
also need a CAMA permit for a portion of the project area, and we'll talk with their staff.
It is an ambitious goal, but our goal is to have the project constructed and open to the public by Memorial Day
2014. Thanks for your help and insights on this. Any ideas you have to streamline the process at minimal cost,
yet still providing the appropriate storm water controls, is greatly appreciated!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252-354-3424 voice
252-354-5068 fax
252-241-6995 mobile
frush(Demeraldisle-nc.orq
www.emeraldisle-nc.orq

Town, of Eme-ra'(d Isle
Mayor
Arthur 13. Schools, Jr.
Maya Pro-Tem
Floyd Messer, Jr,
Board of Commissioners
Nita lledreen
Tom Hoover, Jr.
John Wootten
Maripal Wright
May 15, 2008
Visit our web site at www,emerald is!e-nc.orq !
SENT VIA EMAIL" to bill.diuguidncmail.net
Mr. William H. Diuguid, AICP
Community Planner, Wetlands and Storm Water Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Participation in Universal Storm Water Management Program
Dear Mr. Diuguid:
Town Manager
Frank A. RUSH, Jr.
1iusl�c�lemcraldislc-nc.ort;
Marling Address
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
Voice 252-354-3424
Fax [phone]
Please find attached a draft of proposed amendments to the Town of Emerald Isle's storm water ordinance
that are intended to achieve compliance with the Universal Storm Water Management Program (USMP)
administered by the NC Division of Water Quality (DWQ), The Town is seeking formal approval of this
amended ordinance to enable the Town to begin implementing USMP in Emerald Isle in the near future.
As you know, the Town of Emerald Isle has implemented a comprehensive storm water management
program for several years, including the enforcement of perhaps the most stringent local storm water
ordinance in coastal North Carolina over the past 7 years. In some areas, the Town's existing storm water
ordinance is already more stringent than USMP, and the proposed amendments are intended to address
the areas that DWQ staff have previously determined do not meet USMP requirements. Based on input
received from DWQ staff during several meetings, phone consultations, and email exchanges, we are
confident that the attached amendments address the concerns expressed by DWQ staff, and that the
Town's amended ordinance is compliant with USMP.
The existing ordinance language is shown in normal font in the attached document. Proposed
amendments are indicated with the strike -through and underline feature. Upon approval of the proposed
amendments by DWQ, the Board of Commissioners will formally consider adoption of the amended storm
water ordinance. This adoption is expected sometime this summer. The Town is currently in the process
of developing a new Unified Development Ordinance (UDO), with adoption of the UDO also expected
sometime this summer. The attached document is presented in, the Town's old ordinance format, however,
the exact language has been inserted into the draft UDO. Due to formatting issues and the sheer length of
the draft UDO, we have chosen to send the proposed amendments under the old ordinance format. You
will note, however, that there are references throughout the attached document that indicate the location of

particular sections in the draft UDO. A copy of the draft UDO is available for viewing at
http:llwww.emeraldisle-nc.org/DraftUDO-May2008.htm if you need to review that document.
As noted earlier, we are confident that the attached document incorporates the comments previously
received from DWQ staff and that it is compliant with USMP. As discussed verbally and via email with
DWQ staff previously, the Town is specifically seeking confirmation about two interpretations, specifically
that:
1) The Town's existing storm water volume requirements meet the USMP requirement for the
treatment and storage of the first 1.5 inches of rainfall and the discharge of the storage volume
at a rate equal to or less than the pre -development discharge for the 1-year, 24-hour storm
event, As discussed previously, analyses completed by our consulting engineers have
determined that the Town's 2-inch storage requirement enables the Town to meet both of
these USMP requirements. The relevant analyses are attached, and are the same analyses
previously provided to DWQ staff.
2) The USMP requirement that diffuse flow from the 1-year, 24-hour storm event be infiltrated so
that it is not discharged to SA waters does not necessarily have to occur on -site, provided,
however, that the storage volume requirements and post -development discharge rate are
compliant with USMP. It is our understanding (based on previous discussion and email
exchanges with DWQ staff) that the Town should make a qualitative analysis of the soil type,
slope, vegetation, and existing hydrology in the surrounding area when evaluating infiltration
effectiveness to determine that the runoff from the 1-year, 24-hour storm will not ultimately
discharge to SA waters.
As you know, the Town has received verbal and email confirmation from DWQ staff that the two
interpretations above are correct, but we'd like formal acknowledgement of this from DWQ. Please note
that Section 16-6 (b) (21) of the Town's amended storm water ordinance includes language to confirm the
second item above.
We look forward to receiving DWQ approval of our amended storm water ordinance and our participation in
the USMP in the near future. Please don't hesitate to contact me if you have any questions about the
Town's storm water ordinance.
Thank you for your consideration.
Sincerely,
-�7 "'(4- >�_A T
Frank A. Rush, Jr.
Town Manager
copy: Kevin Reed, Planning and Inspections Director
John Freshwater, Crystal Coast Engineering
Johnny Martin, Moffat & Nichol Engineers

Chapter 16 STORMWATER MANAGEMENT*
*Editor's note: Ord. No. 2 of Sept. 14, 2004 amended former Ch. 16 in its entirety which
pertained to similar subject matter and derived from an Ord. of March 12, 2002.
Cross references: Buildings and building regulations, Ch. 6; health and sanitation, Ch. 9;
planning and development, Ch. 13; solid waste management, Ch. 15-, streets and
sidewalks, Ch. 17; subdivisions, Ch. 18; flood damage prevention, § 19-250 ct seq.
State law references: Conservation of Natural Resources, N. C. Constitution, Article XIV,
Section 5; General police power, G.S. 160A-174; Municipal regulation of land -disturbing
activity, G.S. 1 13A-50 et seq., G.S. 143-214.7.
Sec. 1671 Goals and purposes. (see Section 6.3.1 of the UDO)
The preservation of' water quality and protection against flooding are central
environmental goals of the Town of Erncrald Isle. in order to meet these important goals,
the town adopts this stonnwater management;ordinance for'the following purposes:
(1) 'ro rcgulatc new development, redevelopment, and other construction activities
within the jurisdiction of the.,town, consistent with federal, state and local
requirements, and the town's environmental goals �.`
(2) To provide the structure within which the authority of the town to administer and
ernforce storrnwater quantity and quality regu! tions will be exercised.
(Ord. of 9-14-04(1 } ` •ti
Sec. 16-2. Findings of facts. (ss'ee_ Section 63.1 of the UDO)
The boafd'of corrimisssiolers finds that development without control of drainage has a
significant adverse impaci\upon the health, safety and welfare of the community. More
s ecifiebll `•
(1) Uncontrolled stormwater runoff can carry pollutants into receiving water bodies,
degrade water quality and result in closures of slielIIishing waters;
(2) Uncontrolle(Pstonnwater runoff' can increase nutrients such as phosphorus and
nitrogen, thereby accelerating eutrophication of receiving waters, adversely
affecting Flora and fauna;
(3) Improperly channeling water increases the velocity of runoff, thereby increasing
erosion and sedimentation;
(4) Construction requiring the alteration of' natural topography and removal ol,
vegetation tends to cause a loss of natural recharge areas and increase erosion;

(5) Siltation of water bodies resulting from increased erosion decreases their capacity
to hold and transport water, interferes with navigation, and harms flora and fauna;
(6) Impervious surfaces increase the volume and rate of stormwater runoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge;
(7) Improperly managed stormwater runoff can increase the incidence of flooding and
the level of floods which occur, endangering property and human life;
(8) Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas, thereby disruptingbiological productivity;
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(9) The economy of the town, as well as the lie althf•and`�welfare of its citizens, is
dependent upon the preservation of pristine beaches, clean,riavigable waterways,
abundant Fishing and shellhshing resources;.and`a healthy ecosystem that attracts
visitors to the town.
(10) Many future problems can be avoided or substantially mitigated if land is
developed in accordance with sound stormwater runoff management practices.
(Ord. of 9-14-04(1) § I) "y"\
Sec. 16-3. Objectives. (see Section 6.3%1 ofryth_o.UD4) ' F.
In order to protect, maintain, and enhance,both the immediate and the long-term health,
safety and general welfare of the citizens of the town, this chapter has the following
objectives:
(1) Promote productive and enjoyable,hargiony between human activities and nature;
(2) Protect, restore and inaintaiji the chemical, physical and biological integrity of the
.4 waters of BogueSound, Archer's Creek and the Atlantic Ocean;
(3) Prevent:, individuals,' and business organizations from causing harm to the
community by activities which adversely affect water resources;
(4) Encourage `the construction of drainage systems which aesthetically and
functionally approximate natural systems;
(5) Encourage the protection of natural systems and the use of them in ways which do
not impair their beneficial functioning;
(6) Encourage the use of drainage systems which minimize the consumption of
electrical energy or petroleum fuels to move water, remove pollutants, or maintain
the systems;
(7) Minimize the transport of pollutants to area surface waters;

(8) Protect and maintain natural salinity levels in estuarine areas,
(9) Minimize erosion and sect imentation;
(10) Prevent damage to wetlands;
(11) Prevent damage from flooding, while recognizing that natural fluctuations in
water levels are beneficial;
(12) Protect, restore, and maintain the habitat offish and wildlife;
(13) Ensure the attainment of these objectives by,. -requiring the approval and
implementation of stormwater management plans for --all .activities which may
have a significant adverse impact upon conimuniiy,�waters"and,nearby properties.
(14) Prevent or reverse salt water intrusion.
(Ord. o f 9-14-04(i ), 5 1}
See. 16-4. Definitions. (see Chapter 10 — Definitions,and Rules of Interpretation o1'
the UDO)
Unless specifically defined below, words or -phrases shall be..iriterpreted so as to give
them the meaning they have in common usage and. to'give this chapter its most effective
application: �!
r
Adverse impact means any modification, alteration or effect on a feature or characteristic
of community waters, Or, wetlands, includingl`their quality, quantity, hydrodynamics,
surface area, species coinposition, living resources, aesthetics or usefulness for human or
natural uses which is or may potentially be harmful or injurious to human health, welfare,
safety or property, to,biological productivity, diversity, or stability or which unreasonably
interfdres with the enjoyment of life or -property, including outdoor recreation.
f
Clearing means the removal of' trees and brush from the land but shall not include the
ordinary mowing of grass.
Detention means the collection and storage of surface water for subsequent gradual
discharge.
Developer means any person who engages in development either as the owner or as the
agent of an owner of� property.
Development or development activity means:
( I) The construction, installation, alteration, demolition or removal of a StRICtUre,
impervious surface, or drainage facility;

(2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a
site;
(3) Adding, removing, exposing, excavating, leveling, grading; digging, burrowing,
dumping, piling, dredging, or significantly disturbing the soil, mud, sand or rock
of site in any other manner,
Drainage facility means any component of the drainage system.
Drainage systein means the system through which water flows from the land. It includes
all watercourses, water bodies and wetlands.
ID-osion means the wearing or washing away of soil by thcia'ction of wind or water.
Existing conditions means the current conditions which' -exist at the site as a result of prior
development of the site, including, but not limited. to, any sh-uctures, impervious surfaces,
drainage facilities, and other disturbanccs,�,' of '-the site., In cases in whieW,110 prior
development of the site has occurred, the existing'conditions are the predevelopment
conditions, as defined in this section.
Flood means a temporary rise in the level --of any water body, watercourse or wetland
which results in the inundation of areas'riot-ordiharily covercd:,bywater.
Impervious sto.fcrce meals a -surface which has been compacted or covered with a layer of
material which prevents or significantly impedes the infiltration of water into the soil, It
I ncludes semi -impervious surfaces such as gravel and compacted clay, as well as most
conventionally surfaced, streets, roofs, sidewalks, parking lots and other similar
structures,. alterations, or'iinprovements.
sysmm tems means systems which predominantly consist of or use those communities
P�Ncrtlrr-al
of plants, animals, bacteria and'ot&r=flora and fauna which occur indigenously on the
land, in'the soil or in the water.
RA�
Dtivner means -;the person in whorl 1s vested the fee ownership, do1T]1[11on or title of
;�,
property, i.e., the proprietor. This term may also include a tenant, if chargeable under his
i+r►I�}
lease or occupancy<agireemcnt for the maintenance of the property, and any designated
c�J��
agent of the owner &Acnant including a developer acting on an owner's behalf.
;rp rvf Y
Person means any and all persons, natural or artificial and includes any individual, firm,
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corporation, agency, businesstrust, estate, partnership, association,
o()rmore
persons having a legally recognized joint or
liabilty company, z
'k
,14-y4-Cied
common interest. or other legal entity.
Pi-cdeveloj)meni conditions means those conditions which existed before alteration,
4* v resulting from human activity, of the natural topography, vegetation and rate, volume or

direction of surface or ground water flow, as indicated by the best available historical
data.
Receiving bodies of water means any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in man,nade ditches, or in a closed conduit system.
Redevelopment means the acquisition, clearance, rehabilitation, or rebuilding of an area
for residential, recreational, commercial, industrial, or other purposes, including the
provision of streets, utilities, parks, recreational areas, or other open spaces.
Retention means the collection and storage of runoff without subsequent discharge to
surface waters.
SA Waters means all waters classified by the NC Department of Ehvironment and Natural
Resources for commercial shellfish harvesting, including Bo9ue Sound and Archer's
Creek.
SB Wcilers means all waters classified by the.NC Department of Environment and Natural
Resources for recreation, including the Atlantic Qcean,and Bot;ue inlet. eV
Sediment means fine particulate material, whether' mineral or organic, that is in
suspension or has settled in a water body.`--
Seditnentation facility means any structure.or area-wliich_is designed to hold rrn]ofl'water
until suspended sediments have settled.
Site means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land
which are in one ( l) ownership, or are contiguous and in diverse ownership where
development is to be performed as part of a unit; subdivision, or project.
Stortnvtilaier tnanagement.planr means the analysis required to meet the standards outlined
in section 16-6 for each activity described in section 16-5. The elements to be included in
a stor ]lw `e r management plan ar('described in Section 16-7.
Structure means'that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner, but;shall not include fences or signs.
SubdNide ,Weans to divide the ownership of a parcel of land, whether improved or
unimproved, into two (2) or more contiguous lots or parcels of land, whether by reference
to a plat, by metes and bounds or otherwise, or, if the establishment of a new street,
casement, or right-of-way is involved, any division of a parcel of' land. Subdivision
includes a re -subdivision and, when appropriate to the context, relates to the process of
subdividing or to the land subdivided.
Vegetation means all plant growth, especially, but not limited to, trees, shrubs, vines,
ferns, mosses and grasses.

Waters or con2munity of Waters r1leans any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body or drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the
surface of the ground, as well as coastal waters.
[,haler body means any natural or artificial pond, lake, reservoir or other area which
ordinarily or intermittently contains water and which has a discernible shoreline.
Watereourse means any natural or artificial stream. river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully; ravine, street, roadway,,swale, or wash in which
water flows in a definite direction, either continuously or intermittently, and which has a
definite channel, bed or banks.
Watershed means a drainage area or drainage basin contributing to the flow of water into
a receiving body of water.
Wetlands means those areas that arc inundated or`saturated by;surfacc or ground water at
a frequency and duration sufficient to support, and- under normal circumstances do
support, a prevalence of vegetation typically adapted for life.m saturated soil conditions.
Wetlands generally include swamps, rriarshes, bogs and similar,,�eas.
(Ord. of 9-14-04(1), 1)
Cross references, Definitions and riles of corrstructioil:gelier.ally, § 1-2.
Sec. 16-5. Applicability: '(se'CSection 6.3.2,$of the UDO)
All development and redevelopmment, including, but not limited to, all single-family and
duplex residential dwellings, constructed within the town after the eff eiive date of this
June 10, 2008, must comply with. the minimum stormwater control standards
outlined in section 16-6.
(Ord. of 9-14-04(1). § 1)'
Sec. 16-6. Storm water niainagement standards. (sec Section 6.3.3 of the UDO)
(a) Perforrnanc.e,.s tan dcrrds. The proposed development, development activity, or
redeveloprllentshall be planned, designed, constructed, and maintained to:
(1) Ensure that, after development or redevelopment, runoff leaving the
development or redevelopment site approximates the rate of flow and
timing of runoff that would have occurred following the two-inch rainfall
under existing conditions and to the extent practicable, the
predevelopment conditions, including off -site drainage, unless runoff is
discharged into an off -site drainage facility as provided in section I6-6(c);
(2) Protect the quality of surface waters;

(3) Ensure that erosion during and after development or redevelopment is
minimized;
(4) Protect the beneficial functioning of wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation of
pollutants;
(5) Prevent the potential for increased flooding and damage to structures
already located in areas known to be subject to potential flooding;
(6) Protect the natural fluctuating levels of' salinity.in estuarine areas;
(7) Minimize injury to flora and fauna and adverse impacts to fish and
wildlife habitat that can be directly attributed to transport of sediment or
contaminants by stormwater runoff, or to recurrent flooding of natural
habitats; t�
(8) Otherwise further the objectives of this�chaptcr:
(b) Design standards. To ensure attainment of the objectives of this chapter and to
ensure that perforniance standards will be rne0the.,design, construction and
maintenance of drainage systems shall,b6-coj.sistcnt with the following standards:
it ..
(1) Channeling runoff directly into water -bodies shall be strictly prohibited.
Instead; runoff shall be routcd�through swales and other systems designed
to increase tirne�of concentraiion, decrease velocity, increase infiltration,
allow suspended`solids to settle and remove pollutants.
(2)/'The area of laiid,disturlied•by,clevelopment shall be as small as practicable.
/f "Those areas which are not to be disturbed shall be protected by an
adequ l barric\ froi-6 construction activity. Whenever possible,
indigenous vegetation shall be retained and protected. Where this is not
possible, suitable nature species shall be planted.
(3) No, grading;' cutting or filling shall be commenced until erosion and
sedimentation control devices have been installed between the disturbed
area aid water bodies, watercourses and wetlands. Following initial soil
disturbance or redisturbance, permanent or temporary stabilization shall be
completed on all perimeter dikes, swales, ditches, perimeter slopes, all
slopes greater than 3 horizontal to I vertical (3:1), and embankments of
ponds. Requirements for permanent stabilization shall not apply to those
areas being used for material storage or for those areas where construction
activities are currently being perfonned.
Clean sand shall be used for till. The fines in the sand should be limited so
that seepage and migration through it will facilitate nonnal drainage. Tlie

fill shall be placed so as not to cause water to be diverted to adjacent
property. Pipe culverts shall be installed under driveways to allow passage
of water if consistent with good design practices. The maximum amount
of fill at anv location shall be limited to an average of two (2) feet across
the area filled, unless the applicant submits a professionally designed
stormwater management plan in accordance with section i 6-7(c).
Incidental filling on previously developed residential lots may exceed the
two (2) feet limitation without submitting a professionally designed
stormwater management plan, provided the incidental filling does not
cause water to be diverted to adjacent property.
(4) Land which has been cleared for development and upon which
construction has not commenced shall be protected from erosion by
appropriate techniques designed to,revcgetate the area within thirty (30)
days (seeding, etc.). ;`.
(5) Sediment shall be retained on the site of thcdcvclopmcnt.
(6) Wetlands and other waterbodics shall not -be used as sediment traps.
(7) Erosion and sedimentatioh facilities shall be maintained to insure that they
continue to function properly.
(8) Artificial' -watercourses shall rbe dcsigncd" considering soil type, so that the
velocity -.of flowzis low cnoughR.,to prevent, or minimize to the maximum
extentpracti cabl e,,erosion.
(9) Vegetated buffer strips shalLbe created or, where practicable, retained in
their natural state- along the banks of all watercourses, water bodies or
wetlands. The width of the buffer shall he sufficient to prevent erosion,
trap the sediment in overland runoff, provide access to the water body and
allow for periodic flooding without damage to structures. For projects that
disturb more than ten thousand (10,000) square feet of land, no impervious
surface shall be constructed within thirty (30) feet of any perennial or
intei7iiitterit surface waters. except for roads. paths. and water -dependent
structures.
(10) Intermittent watercourses, such as swalcs, will be vegetated.
(1 1) Detention ponds may be used to detain increased and accelerated runoff
caused by development or redevelopment if the runoff is discharged to a
water body, watercourse or wetland. Water shall be released front
detention ponds into water bodies, watercourses or wetlands at a rate and
in a manner approximating the natural flow which would have occurred
before development. The drawdown rate for these ponds shall also be

designed so that the water quality volume is drained no Caster than _48
hours but no slower than 120 hours.
(12) For projects that disturb more than 10,000 sq. ft. of land all storinwater
management systelns shall be designed in accordance with the state
standards lneetin s the 85% total suspended solids removal rate.
l3 , ,ey-- 6e,.m,�p %-.„ry, va��� c�:�oa,,� 3- - f.� .;, �s� �If c.Fc 0 Z q. ,0o8(c�
Although the use of wetlands for storing and purifying water is
encouraged, care must be taken not to overload their capacity, thereby
harming the wetlands and transitional vegetation. Wetlands should not be
damaged by the construction of detention ponds-
14 All development must provide appropriate �infiltration to control runoff of
rainfall from all impervious surfaces on site as specified in section 16-7.
The design of the infiltration inethod`must take into\aaccount the runoff
from any ors surface drainage that is directed to the infiltration site.
Mow from gutters and downspouts shall be diverted to the infiltration site,
as necessary.
04-) )All underground storage of runoff shall be`accomp]ished so that there is a
minimum of two (2) feet; vertical separation between the highest scasontil
water table and the bottomof,the feature(s) used for storage,
045AiG)Runoff from lots shall be treated to remove oil and, sediment
before it enters_ receiving waferbodies.
{ 17 Detention.and ectention areas`.shall be designed so that 51�01C11nL's are
sinuous rather than straight and,so that length of shoreline is maximized,
thus offering more space for the growth of littoral vegetation.
�PJCLS
)With the exception of bulkheaded ponds, the banks of detention and
retention areas shal ,slope at a grade no steeper than 3 to i (horizontal run
\� to vertical rise) into an area of water as a safeguard against drowning,
~personal injury or other accidents, to encourage the growth of vegetation
and to, allowthe alternate flooding and exposure of areas along the shore
as vater'le eels periodically rise and fall.
1 0"
)The Multiple use of drainage facilities and vegetated buffer zones as open
space, recreation and conservation areas is encouraged.
0-9)JMLot owners or contractors shall not fill more than one thousand (1,000)
sq. ft. of any part of a pond or wetland unless that pond or wetland is
expanded or a new retention area is built as replacement. This expansion
or new -retention area shall be constructed within the town limits of
Emerald Isle, and be capable of holding it volume of' storm water at least
equal to the one lost as a result of the till. 1f this should preclude any

reasonable development of the lot, the applicant may apply to the board of
adjustment for a variance.
R0 (21) New discharges to SA or SB waters and/or expansion of existing
conveyance systems which discharge directly to SA or SB waters shall be
prohibited.
For projects that disturb more than 10,000 sq. ft. of land, diffuse flow of
stormwater at a noncrosive velocity to a vegetated buffer or other natural
area capable of providing eff-ective infiltration of -the runoff from the 1
year, 24 hour storm prior to reaching anynotential off -site discharge shall
not be considered a direct ppint of stormwater discharge. Consideration
shall be Liven to soil tvne. slope. veaetatioil'."and. existing hvdrolef!v when
making a qualitative determination "116f infiltration effectiveness.
(-2 )(22)Development within the area of environmental concern (ACC) adjacent to
outstanding resource waters (ORW), as,defined by the NC Division of
Coastal Management, shall not exceed thirty-six (36) percent impervious
coverage and shall adhere t ,the'Storm water management standards of the
NC Division of Coastal Management; --or any" successor agency which
may limit impervious covera e tg o 25%):-`The standards of the NC Division
of Coastal -Management shall�ake precedence over'the standards included
in this�,chaptcr : provided, however, that the developer shall also be
required to,adhercfto the specific standards included in this chapter that are
not in conflict`, with : the._ standards of the NC Division of Coastal
Management=
(24}L23IBecause this practice reduces stormwater runoff storage capacity, the
artificial recharge of natural ponds and/or man-made detention and
—retention ponds with groundwater or other water supplies is prohibited.
,Th.is provision shall not apply to groundwater recharge systems installed
and'in.regular use prior to the effective date of this chapter. However, the
town strongly encourages compliance with this prohibition by existing
users of groundwater recharge systems.
(24) for Proiects that disturb more than 10,000 s . ft. of land that are located
within one-half mile of and that drain in whole or part to class SA waters
shall design and implement the best stormwater practices that _ensure
reduction of fecal colifonn loading. The best practices are ones that result
in the highest degree of fecal die -off and control sources of fecal coliform
to the maximum extent practicable while still meeting the other
requirements of this ordinance.

(25) 15A NCAC 0214.1020 UNIVERSAL STORM WATER MANAGEMENT
PROGRAM, including future amendments, provides the foundation_ for
this ordinance.
(c) O. f-sire drainage facilities.
(1) The town may allow stormwater runoff that is associated with
subdivisions that have an approved subdivision stormwater management
plan in accordance with section 16-7(c), or that is otherwise of'
unacceptable quality or which would be discharged,in volumes or at rates
in excess of those otherwise allowed by this chapter, to be discharged into
drainage facilities off the site of dcvelopment`il' each of the following;
conditions are met:
a. It is not practicable to comple Itelte y�managge runoff oil the site in a
manner that meets the performance standards and,design standards
of this chapter, or if the -initial subdivision stormwater management
plan was designed to aecommo ateAe runoff' from the site;
i
b. The off -site drainage facilities tind'cliannels leading to them are
designed, constructed<and maint ined, jn, accordance with the
requirements of this chapter;, r"
C. Adverse environmeniahimpact's on the site of development will he
minimized.
(2) A request -to use off -site drainage;facilities and all information related to
the proposed off -site facilities,sliould be made a part of the developer's
_siMnwater ''management-plari. Guidance documents to be used when
designing,or operating off -site drainage systems are listed in section 16-9
of this chapter. 1,
(3) .,, The use of off -site drainage facilities shall be permitted only if' easements
\,or•deed restrictions to insure continued use of the drainage facility site(s)
have been,approved by the town and recorded in the office of the Carteret
County 'register of deeds. A copy of such recorded provisions shall be
provided to the town and shall be considered a condition. of any approval
granted under this chapter.
(Ord. of� 9-14-04(1), § 1)
See. 16-7. Storni►vater management plan. (see Section 6.3.2 of the UDO)
(a) All development and redevelopmcrnt, including, but not limited to, single -gamily
or duplex residential dwellings, constructed within the town after the effective (late of this
Chapter must submit a storm water management plan to the Stormwatcr Administrator
that complies with the minimum stormwater control standards outlined in section 16-6.

The burden of proving compliance with the stormwater management standards and the
cost associated with producing such proof shall be borne by the developer.
{ 1) Exemptions. The following development activities are exempt from the
stormwater management plan requirement:
a. Additions or modifications to existing single family detached
residential structures, if the development does not increase
impervious surface by more than one thousand (1,000) square feet.
b. Any maintenance, alteration, use or improvement to an existing
structure not changing or affecting quality, rate, volume or location
of surface water discharge.
C. New subdivisions that involve' only' the preparation of plats that
delineate lot boundary lines within the subdivision, and do not
involve the construction°'ofinfrastructure to serve the.subdivision,
(b) Submittal and approval. A store- iwater management plan must be submitted and
approved before: - X:'.:
(1) A preliminary plat is approved; s,'m
(2) An existing drainage systemais.altered, rerouted, or deepened;
` }m
(3) A building pertrit is issued; =4
(c) Proposed single-" frnily_.and--duplex residential projects with less than ft*e
thousand (c nnni ten thousand-fl0,000) square feet of ' disturbed area
shall adhere to the stormwater management plan requirements outlined below.
L. It is the responsibility of an applicant to provide sufficient information in
the plan so_. that the town or its agents may reasonably evaluate the
`envjronmenE41 characteristics of the affected areas, the potential and
predicted itn' acts of the proposed activity on area surface waters, and the
effectiveness and acceptability of those measures proposed by the
applicant for reducing adverse impacts. The applicant shall provide maps,
charts, graphs, tables, photographs, nan ative descriptions and
explanations, as appropriate, to demonstrate compliance with the town's
stormwater management standards.
2. The applicant shall submit the name, address and telephone number of the
owner and the developer.
3. The conditions of the site shall be described in general, including the
following:

a. The direction of flow of' stonnwater runoff' under existing
conditions;
b. The location of areas on the site where stormwatcr collects or
percolates into the ground; and
C. A survey of the site, including; topography. The survey shall be
prepared by a licensed surveyor showing contours every two (2)
1'eet. It must also show the cross section, and location of drainage
ditches within the area surveyed, and the location o1' wetlands, and
ponds.
d. At the discretion of the town-or,its agent, the elevation of the
seasonal high water table may be required.
(4) Proposed alterations of the site•s`'hall�be described, includifIg",
a. Change(s) in topography. �The Pp oposed final elevations shall be
shown in a manner that can',be distinguished from the existing;
elevations. I1' there are abrupt changes in elevations, these Should
be clearly identified in, the plans. These should be plotted on a
scale that is easy to read and in a form that conveys the nature of
changes that are proposed:%
b. Tfic proposed area to beereserve& s natural area on the property as
required, y1 19-334(c)(T)c. of the Town Codes.
C. Edentifieation and -quantification of the area(s) that will be covered
witli',ipipervious-surface(s) and a description of the Surfacing
material(s).�
C. '1'lie size and, location of any buildings or other StruCtures.
(5) \11`redicted impacts of the proposed development on existing conditions
shall`be described in general, including:
a. j/Impacts on wetlands, if any;
b. impacts on vegetation.
(6) All features intended to receive stormwater runoff' from the proposed
impervious surfaces on site shall be described and their location identified
on the survey. The applicant is required to demonstrate that sufficient area
is reserved to provide sixteen and sixty-seven hundredths (16.67) cubic
feet of storage capacity for every one hundred (100) sq. ft, of impervious
surface proposed.

(7) A description of the measures that will he put in place for the control of
erosion and sedimentation shall be provided.
(8) The applicant shall provide other information which the town or its
designated agent deems necessary for an evaluation of the development
proposal for compliance with this chapter.
(d) A professionally designed stonnwater management plan, designed and scaled by a
registered design professional, shall be required for all single-family and duplex
residential projects with more than — five thousand rc nnn,rs ;, ' Beet -or- -;n,ere—Qf
,-41e1 ee and which disturb ten thousand (10,000) square feet or more of
land and for all multi -family residential, commercial and industrial .projects.
(1) Stormwater management plans must be completed by a North Carolina
registered professional with qualifications appropriate�.for�the type of
system required; these registered,professionals are defined,
professional
engineers; landscape architects to=the'extenkhat the NC General Statutes
Chapter 89A, allow; and registered land -surveyors, to the extent that the
design represents incidental drainage witl in,a subdivision, as provided in
General Statute 89c-3(7).;� ,
(2) It is the responsibility of,. an applicant to 4hclude in the stormwater
management plan sufficient,.tinformation for the town or its agents to
_
evaluate,theW`environmental7.characterisiics of the affected areas, the
potential and predicted impacts`of the proposed activity on area surface
waters'Nand the effectiveness an d'acceptability of those measures proposed
by the `applicant for—_rcducing adverse impacts. The stormwater
�y
`'`�naiiagemenf•plan shalT"contain maps, charts, graphs, tables, photographs,
narrative .,descriptions and explanations and citations supporting
references, 'as appropriate, to communicate the information required by
this section..
(3) 'The stormwater management plan shall contain the name, address and
telephone number of the owner and the developer.
4) The approval of the stormwater manap-cment plan reauires submission of
enforceable restrictions on proputy usage that run with the land includin
deed restrictions and protective covenants, for recordation, to ensure that
future development and redevelopment maintains the site consistent with
the approved project stormwater plans.
04 (5) The existing environmental and hydrologic conditions of the site and of
receiving waters and wetlands shall be described in detail, as follows:

a. The location(s) of runoff leaving the development site along with
the direction of the runoff as it exits the site.
b. The location of areas on the site where stormwater coliects or
percolates into the ground shall be denoted.
C. A description of all watercourses, water bodies and wetlands on or
adjacent to the site or into which stormwater flows shall be
provided. Intormatlon regarding their water quality and the current
water quality classification, if' any, gi ven them by the state
Department of Environment and NaturaLRcsources (DENR) shall
be included. i
d. The depth(s) to the seasonal -high, groundwater table shall be
provided.
e. Location of floodplains shall,,bc del oted on the sury y,plan of the
site required by paragraph t6-7(d){4)f-N-.
f A survey of the site, including topography. The survey shail be
prepared by a licensed surveyor slimwing contours every two (2)
feet. It must alsoxshow the -cross sectibn,And location of drainage
ditches within the `area surveyed; andytlie location of wetlands, and
ponds.. Elevation of the seasonal -high water love] in the ponds and
wetlands shall also be(hown. TL-, ,eo Tra hic coordinates of the
Proposed •stormwater treatment system shall also be provided to
!i
i�
y _g.--,Soils,•.as delineated -and described in the Soil Conservation Service
Publications, Sol] Survey of Carteret County, NC or Soil Survey cif'
the NC (biter Baiiks. The town or its agent, at their sole discretion,
may also require the developer to conduct an evaluation of'the soil
profile at the development site. If such an investigation is required,
it shall be conducted by a registered soil scientist for the developer.
(-5) Proposed -alterations of the site shall be described in detail, including;
a. Changes in topography. The proposed final elevations shall be
shown in a manner that can be distinguished from the existing
elevations. If' there are abrupt changes in elevations, these should
be clearly identified in the plans. These should be plotted on a
scale that is easy to read and in a form that conveys the nature of
changes that are proposed.
b. The proposed area to be reserved as natural area on the property as
required by 19-334(c)(I )c. of the "Town Codes.

C. Areas that will be covered with an impervious surface and a
description of the surfacing material.
d. The size and location of any buildings or other structures.
(4) (7) Predicted impacts of the proposed development on existing conditions
shall be described in detail, including:
a. Changes in the incidence and duration of:flooding on the site and
adjoining property;
b. Impacts on wetlands, if any;
C. Impacts on vegetation. f.
r
d. Certi Rcation by the- ownerldeveloper that all stonnwater
management construction and maintenance will be done according
to plan.
C. An as -built certification signature;, block ,, to be executed after
completion, to `b' `sided_, by the :owner and the qualified
stormwater design professional.--.,-
. - ®
All components \of the drainage system and any measures for the
detention, retention. or infiltration of water or for the protection of water
quality shall be described in detail -;including:
x a �The `quantity of'stormwater, based on a two-inch rainfall design,
that willib&collected on the site;
s. b. Detention and retention areas, including plans for the discharge of
contained waters:
C. Areas of the site to be used or reserved for percolation;
d. A plan for the control of erosion and sedimentation which
describes in detail the type and location of control measures.
C. Any other information which the developer or the town or its
designated agents believes is reasonably necessary for an
evaluation of the development proposal for compliance with this
chapter.
(e) New subdivisions. The stormwater management plan for new subdivisions,
regardless of proposed land use, shall be designed and sealed by a registered

design professional as described by paragraph 16-7(d)(1), and shall include
calculations of, and incorporate design features to control the total volume of
storm water runoff projected after full build -out of the subdivision.
(1) The catchment area shall be the entire development and any adjoining
areas that drain into the development site.
(2) Stormwater management plans for new Subdivisions shall adhere to the
requirements outlined in section 16-7(d).
�. N,
(3) The development of" a subdivision stormwater management plan in
accordance with this Subsection may relieve�incclividual lot owners of the
requirement to provide the required on-site/in ltration required in section
16-6(b)(13), As individual lots within a \subdivision. are developed, a
stornwater management plan sliall/be•requircd for each lot, in accordance
with section 16-7(a). The stormwater management plan for individual lotS
may refer to the original subdivisionstormwater management plan to meet
the requirements of this chapter, -however; the town or its agent may
require additional on -site retention ,if runoff from the proposed
development is not adequately controlled through the original subdivision
stormwater management plan.
f A checklist will be made available,by the office.of the Stormwater Administrator
to facilitate the stornwatermanagement_A_professionally
designed stormwater :management plan designed and" scaled by it registered design
professional, shall be required`for all single-family and duplex residential projects which
disturb ten thousand _(10,000)i square feet or more of' land and for all multi -family
residential, commercial' aiid''in_dt►strial_projects.i"
(Ord. o l- 9714=04(1),
Sec. 16-8. Procedures a\nd feesx(sseeaSection 2.4.10 of the UDO)
rf
(a) Any,l erson planning`'a development, as defined in this chapter, unless exempted,
shall submit a-stornwater management plan to the town Stormwater Administrator.
(b) A permit fee wrll be collected at the time the stonmwater management plan is
submitted and will reflect the cost of administration and management of the permitting
process. The Stormwater Administrator town shall recommend establish;' y resolution a
lee schedule based upon the relative complexity of the project. The fee schedule will be
established niay be • ,ded f e•„ time to time, by the town board of commissioners by
resolution. The fec schedule is not printed herein but is on file in the town clerk's office
(c) The stormwater management plan shall not be approved unless it clearly indicates
that the proposed development will meet the performance standards and the design
standards described in section 16-6, except where a variance has been granted pursuant to
section 16-11;

(d) Within thirty (30) days after submission of the completed stormwater
management plan, the Storrnwater Administrator tewn shall approve, with or without
specified conditions or modifications, or reject the plan and shall notify the applicant
accordingly. If the town has not rendered a decision within thirty (30) days after plan
submission, it shall inform the applicant of the status of the review process and the
anticipated completion date. If the plan is rejected or modified, the Stor nwater
Administrator town shall state its reasons. While it is not customary for the town or its
designated agents to actually design an acceptable project for the applicant, it will do all
it can to work with the applicant to achieve an acceptable project -plan in harmony with
this chapter. Projects requiring formal planning board and town :board review shall not be
subject to the 30 day requirement. Approval of stormwaterrmanagerment plans for these
projects shall be determined in conjunction with the pla...rini-ig -board's and town board's
formal review process.
iration. Should the develo>ment not be comnleted within th)
storrnwatcr management plan will no longer be considered;approved. The applicant must
resubmit a stormwater plan for approval by. th1.e .Storrnwater Administrator before
construction may be gr�he applicant may reguest,_and the Stormwater Administrator
may grant, a single one (1) year extension to the approved plan provided the initial three
(3) year approval period has not lapsed,
(0 Inspections. No stormwater management pion-may�beapproved without adequate
provision for inspection of,thc property before development activity commences. The
applicant shall arrange, with the town's building inspector or his designated agent for
scheduling the following inspections:
(1) Initial inspection. Thor to.approVal of the stormwater management plan;
(2) Bury-inspection.,Prior to the burial of any underground drainage structure;
(3) Erasion control inspection. As necessary to ensure effective control of
erosion and sedimentation;
(4) Finish inspection. When all work including installation of all drainage
facilities has been completed.
(5) For projects disturbing 10,000 sq. ft. or more of_]and and all multi-famiiX
residential, commercial and industrial projects, as -built drawings of the
stormwater treatment system shall be provided to the Town.
The town building inspector or his designated agent shall inspect the work and shall
either approve it or notify the applicant in writing in what respects there has been a
failure to comply with the requirements of the approved stormwater management plan.

Any portion of the work which does not comply shall be promptly corrected by the
applicant or the applicant will be subject to the penalty provisions of section 16-12.
(g) Appeals. Any person aggrieved by the action of any official charged with the
enforcement of this chapter, as the result of the disapproval of a properly filed application
for a permit, issuance of it written notice of violation, or an alleged failure to properly
enforce the chapter in regard to a specific application shall have the right to appeal the
action to the town board of adjustment. The appeal must be filed in writing within twenty
(20) days of the mailing date of the official transmittal of the final decision or
determination to the applicant, and it must state clearly the grounds on which the appeal
is based, and shall be processed in the manner prescribed for Bearing administrative
appeals under local and state statutes. ��
(Ord. of 9-14-04(1), I)\
Sec. 16-9. Manual of stormwater man agement'p ctices. (see'Section 6.3.4 of the
U DO)
(a) The town adopts by reference the following,published manuals .of stormwater
management practices for the guidance of persons preparing stormwater management
plans, and designing or operating drainage systems:
..,�..H,..,..6�SBGTit�L7�4�'SSfLS.�...T�YiSL�.,..RR+s,�..a,�I�LLT� �CT7 �aa.►.T.1
21224. �, L
(1) (-3) NCDENR Stormwatcr Best Management Practices (July 2007, as
\amended , .1999) as published by the NC Department of
\Environmeritand Natural Resources, Division of Water Quality, Water
Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699.
These This manuals1`may be updated periodically to reflect the most current and effective
practices and shall be made available to the public at the town hall during normal
business hours.
(b) The htiilding inspeete Stormwater Administrator will be the official custodian of
these manuals and shall present subsequent revisions of it to the town board and planning
board for review and approval bet -ore same shall be incorporated into the manuals.
(Ord. of 9-14-04(1), § 1)
Sec. 16-10. Maintenance. (see Section 6.3.5 of the UDO)
erg. C40h P/n-,,.
Q NhpA/

(a) Drainage facilities shall be dedicated to the town where they are determined by
the board of commissioners to be appropriately a part of the town's maintained system.
(b) Any private drainage or stormwater management systems designed to serve
projects which disturb more than 10,000 sq. ft. of land and all multi -family residential,
commercial and industrial projects subdivisions, multi i-esidential developm�ts
and eemmer-eial stFu t• res shall have adequate recorded easements to permit the town to
inspect and, if necessary, to take corrective action should the owner fail to properly
maintain the system. A copy of such recorded provisions shall/be,provided to the town
and shall be considered a condition of any approval granted,Lind& this chapter. The
Stormwater Administrator or a designated_ Stonnwater/Inspector shall inspect all
properties and systems annually for any deficiencies. Draina�,,'&arid stormwater treatment
systems must be performing properly to remain in compliance with this ordinance.
Before taking corrective action, the town sliall give the owner written notice of the nature
of the existing defects. If the owner fails within thirty (30) days from the.date of notice to
commence corrective action, and thereafter to proceed with due diligence to make all
necessary corrections, and fails to appeal the matter to the�bdard of adjustr6cnt, the town
may take necessary corrective action and the owner shalkbe assessed the cost of the work
and any incurred penalties. Should the owner fail to pa',the town for full cost within
thiry (30) days of the bill date, . If 44wn takes ^y� �_� �t�• � * � ,, the cost
shall become a lien on the real property, until paid, or if ti- p: erty is under common
ownership, such as an owners' associations the cost shalt be. assessed equitably among all
property owners in the— subdivision, multi'family'p,residential development, and/or
commercial structure...'*
S
(c) The owner"of`the property on which workfhas been done pursuant to this chapter
for private storm water inariagemerit facilities,,or any other person or agent in control of
such property, shall -maintain in,good condition and promptly repair and restore all grade
surfaces, --drains, sfructui•es, ai4,&her protective devices. This includes regular removal of
dead ^frees, leaves, debris'\that''accumulate in ponds. Such repairs or restoration and
mainteriancc shall be in accordance with approved plans.
(Ord. of 9-14-04(1), § 1)
Sec 16-11. Variances. (see Section 2.4.17, Paragraph (4) of the UDO)
The board of adjustment may grant a written variance from any requirement of this
chapter using the following criteria:
04 a) There are special circumstances applicable to the subject property of its intended
use. A written request for variance shall be provided and shall state specific
variances sought and reasons for their granting.
(-2-) (b) A variance from the terms of this chapter shall not be granted by the board of
adjustment unless, and until, it shall make a finding:

a-M That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district,
That literal interpretation of the provisions would deprive the applicant of
rights commonly enjoyed by other properties in the same district under
terms of this chapter;
e: LL That the special conditions and circumstances do not result from the
actions of the applicant;
d- t4) That the hardship is of a physical nature and,ri economic;
e-(5) That granting the variance requested will"riot confer bn the applicant any
special privilege that is denied by this chapter to other land, structures, or
buildings in the same district.
( Additionally, the granting of the variance will not:
;a-0 ) Significantly increase -or decrease the'rate�or volume of surface water
runoff,
bi-(2) I -lave a significant adve se,iiipact on an interdunal trough, basins,
wetland, watercourse or water body;
s Significantly•contribLite to the Zradcation/-
d- owater quality;
11 Otherwise•significantly impair `attainment of the objectives of., this chapter.
41. -f
(4) � In ,granting "any variance, the —board of adjustment may prescribe appropriate
conditions and safeguards in conformity with this chapter.
(Ord; of 9,14-04(1), 1)
See. 16-11-Authority. (seeiSection 6.3.1 of the UDO)
The_Town ofEmerald Isle: is authorized to adopt this ordinance pursuant to North
Carolina law, includint, -but not limited to Article 14, Section 5 of -the Constitution of'
North Carolina; (name of municipal charter, if relevant); North Carolina General Statutes
143-214.7 and rules promulgated b the Environmental Mana temcnt Commission
thereunder, Session Law 2006-246; Chapter 160A . 174, 185.
(see Section 2.2.4, Paragraph (4) of the UDO)
A Stonnwater Administrator shall be designated by the Town Manager to administer and
enforce this ordinance. In addition to the powers and_ duties that may be conferred by

other provisions of Chapter 1.6 of this Ordinance and other _laws, the Stornlwater
Administrator shall have the following powers and duties under this ordinance:
(a) To review and approve, approve with conditions, 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
annlications and anneals. to review and make recommendations to the Board of
(d) To enforce the provisions of this ordinance - in accordance. with its enforcement
pr_gvisions.
(e) To maintain records maps, form and other official materialsas. relate to the
adbption, amendmc_nt, enforcement, and administrationof this ordinance:
(f) To provide expertise and technical assistance 'to the Board_of Commissioners upon
request.
(g) To desi na�tc appropriate other person(sY-who shall carry, out -the powers and duties of
the Stormwater Administrator.
(h) To take any other action necessary t�minister ti&nrovisions of this ordinance.
Sec. [6-13. Enforcement. (see'Section-9.5.2,of the UDO)
(a) V ` Pub -lie health nuisance. Any development activity that is commenced without
prior approval -of a storcnwatbr management plan or is conducted contrary to an approved
stormwater management plan as required by this chapter may be deemed a public health
nuisance and maybe restrained by injunction or otherwise abated in a manner provided
by law. (G.S. 160A-1'75 'l60A-193)
(b) Civil penalties. In addition to or as an alternative to any penalty provided liercin
or by law, any person who violates the provisions of this chapter is subject to a civil
penalty, The civil penalty shall be not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1,000.00) Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues. If the violator does not pay a
civil penalty assessed by the town within thirty (30) days after it is due, the town may
institute a civil action to recover the amount of the penalty assessed in the superior court
of Carteret County. An assessed penalty that is not contested is due when the violator is

served with a notice of violation. An assessment that is contested is due at the conclusion
of the administrative and/or judicial review of the assessment (NCGS 160A-175).
(c) Abatement and restoration of land. Any violator may be required to restore the
land disturbed by the violator to its undisturbed condition. In such cases, the town shall
brim an action for mandatory and/or prohibitory injunction and order of abatement.
Should the violator fail to restore the land in accordance with the Court's order of
abatement, the town may execute the order of abatement and levy a lien upon the
property restored. (160A-175).
(d) Notice or violation.
(1) When the town building inspector determines hat development activity is
not being carried out in accordance with\the requirements of this chapter,
he/she shall issue a stop work order, lid -a written notice of violation to the
owner of the property. The notice,of violation shall contain:`\
a. The name and address of the owneror-developer;
b. The street address when available or a description of. the building
structure, or laild,upon which the violation is occurring;
C. A statement spccifying.the�naturc of the violation;
d. A description of the remedial- actions necessary to bring the
development activity into compliance with this chapter and it time
schedule ,for complction�of such remedial action;
r � ,
e. A staterhent' of- the penalty or penalties that shall or may be
asse§seci,against the:person to whom the notice of' violation is
directed;,
f: A "statcmen�,that the town's determination of violation may be
appealed to the board of adjustment by filing a written notice of
appeal with the town's building inspector within -fifteen (15) days
of'service of notice of violation.
(2) The notice of violation shall be served upon the person to whom it is
directed in any of, or any combination of, the following methods:
a. By personal service upon the violator;
b. -By mailing a copy of the notice of violation by certified mail,
postage prepaid, return receipt requested to such person at his / her
last known address. Notice shall be deemed to be received if' no
return is received within ten (10) days of the date of such mailing.

C. By posting a notice in a visible location upon the property where a
violation is or was occurring. Notice of the violation shall be
deemed to be received by the violator immediately upon such
hosting.
(3) A notice of violation issued pursuant to this section constitutes a
detennination from which an administrative appeal may be taken to the
board of adjustment.
(4) No action, inaction, or election of remedy shall belconstrued as a waiver
of the town's right to enforce any part of this chapter by any and all
remedies provided herein.
(Ord. of 9-14-04(1 } § 1)

COMPUTE g & h FOR INTENSITY EQUATION (I = gl(h+Tc) )
INPUT VALUES FROM NOAA NWS HYDROMETEOROLOGICAL DESIGN STUDIES CENTER WEBSITE
LOCATION: EMERALD ISLE, NC
DEPTH -DURATION TABLE (IN)
RETURN
DURATION
PERIOD
T
5
MIN
10
MIN
15
MIN
30
MIN
1
HR
2
HR
3
HR
6
HR
12
HR
24
HR
48
HR
96
HR
168
HR
240
HR
1
0.49
0.78
0.97
1.33
1.66
2.03
2.2
2.67
3.16
3.66
4.26
4.8
5.56
6.26
2
0.57
0.91
1.15
1.59
1.99
2.46
2.66
3.23
3.82
4.46
5.16
5.80
6.71
7.50
5
0.66
1.05
1.33
1.90
2.43
3.09
3.35
4.07
4.84
5.76
6.62
7.38
8.43
9.29
10
0.74
1.19
1.50
2.17
2.83
3.67
4.01
4.88
5.84
6.88
7,891
8.70M3.6
10.78
25
0.84
1.33
1.69
2.51
3.34
4.44
4.91
6.01
7.23
8.54
9.79
10.62
12.92
50
0.92
1.46
1.84
2.76
3.77
5.13
5.74
7.03
8.51
9.98
11.46
12.25
14.70
100
0.99
1.57
1.99
3.05
4.20
5.84
6.61
8.13
9.91
11.58
13.32
14.03
16.60
INTENSITY -DURATION TABLE (IN/HR)
RETURN
DURATION
PERIOD
T
5
MIN
10
MIN
15
MIN
30
MIN
1
HR
2
HR
3
HR
fi
HR
12
HR
24
HR
1
5.88
4.681
3.88
2.66
1.66
1.021
0,73
0.45
0.26
0.15
2
6.84
5.46
4.60
3.18
1.99
).231
0.89
0.54
0.32
0.19
5
7.92
6.30
5.32
3.60
2.43
1.55
1.12
0.68
0.40
0.24
10
8.88
7.14
6.00
4.34
2.83
1.84
1.34
0.81
0.49
0.29
25
10.08
7,98
6.76
5.02
3.34
2.22
1.64
1.00
0.601
0.36
50
11.04
8,76
7.36
5.56
3.77
2.57
1,91
1.17
0.711
0.42
100
11.88
9.42
7.96
6.10
4.20
2.92
2.20
1.36
0.83
0.48
FOR 5 min<T<120 min
RETURN
PERIOD
T
h
R A 2
1
141
21
0.9970
2
172
22
0.9967
5
221
26
0.9950
10
266
29
0.9932
25
328
32
0.9906
50
386
36
0.9871
100
447
39
0.9838
RE
PE
FOR 120 min<T<24 hr
TURN
RIOD
T
q
h
R A 2
1
239
150
0.9909
2
291
153
0.9903
5
377
165
0.9887
10
452
1651
0.9899
25
563
171
0.9899
50
660
172
0.9908
100
769
177
0.9913

SUMMARY TABLE COMPARING VARIOUS STORMWATER REGULATION PROGRAMS FOR THE TOWN OF EMERALD ISLE
Current Town Rules Universal Stormwater Program
Area of Disturbance That Triggers The Rule
1,000 sq. ft.
40,000 sq. ft.
Density Classsifications
Low
High
Max
Low
High
Max
% Impervious Limit
None
None
None
None
None
None - Fxcept if
Within 575' of ORW,
Then 36%
Volume Treatment Required
2.0 inches
2.0 inches
2.0 inches
1.5 inches
1.5 inches
1.5 inches
Other Treatment Required
None
None
None
Diffuse Flow for 1-yr,
24-hr Storm
Diffuse Flow for 'I-yr.
24-hr Storm
Diffuse Flow for-l-yr,
24-hr Storm
* Assumed That All Emerald Isle Within 0.5 Mile of SR Waters
, Projects Also Considered High Density if More Than 2 Dwelling Units Per Acre
I I
I
I I i
I I STORAGE VOLUME REQUIREMENTS
FOR VARIOUS EXAMPLE PROJECTS FOR ABOVE REGULATIONS
Typical Single Family Residential Site
854 cu. ft.
640 cu. ft. - 1.5 Inch Storage Requirement
410 cu. ft. - Diffuse Flow Req
12,500 sq. ft. tract (0.29 acre)_
_
Pre -development Condition - Undeveloped
Post -Development Condition - (5,00sq. ft.
Impervious - Remainder is Lawn/Landscaping)
% Impervious = 40.0% f
Bell Cove Village I
14,950 cu. ft.
11,210 cu. ft. - 1.5 Inch Storage Requirement
12,600 cu. ft. - Diffuse Flow Requirement
127,630 sq. ft. tract (2.93 acre)—
_ Pre -development Condition - Undeveloped
Post -Development Condition (92,550 sq. ft.
Impervious - Remainder is Lawnll_andscaping)
- —
% Impervious=172-5%
Sea Oats Village
11,920 cu. ft.
8,940 cu. ft. - 1.5 Inch Storage Requirement
7,720 cu. ft. - Diffuse Flow Requirement
_
126,441 sq. ft. tract (2.90 acre)
Pre -development Condition - Undeveloped
Post -Development Condition - (72,415 sq. ft.
Impervious - Remainder is Lawn/Landscaping)_
% Impervious=;57.3%
WORA Parking Lot _ _; _
92,904 sq._ft. tract (2.13 acre) _ _
Pre -development Condition - 54% Impervious
4,930 cu. ft.
3,700 cu. ft. - 1.5 Inch Storage Requirement
4,240 cu. ft. - Diffuse Flow Requirement
Post -Development Condition - (78,261 sq. ft.
Impervious - Remainder is Lawn/Landscaping)
% Impervious=1,84.0%-
Fmerald Oasis Carwash I
21,603 sq. ft. tract
_Pre -development Condition - Undeveloped
_ Post -Development Condition - (14,535 sq, ft.
-�Im- pervious -_Remainder is LawnlLandscaping)
-- %Impervious=;72.5% J
2'36fl cu. ft.
1,770 cu. ft. - 1.5 Inch Storage Requirement
1,810 cu. ft. - Diffuse Flow Requirement

Imperviousness
Drainage Area (ac)
Rainfall (in)
Runoff Coefficient
Runoff Votume (ft3)3
Rainfall (in)
Runoff Coefficient
Runoff Volume (ft3)
Pre -developed Runoff Coefficient, C
Time of Concentration, t, (min)
Intensity, I (inlhrf
Peak Flow, Qp (cfs)5
Post -developed Runoff Coefficient, C
Time of Concentration, t, (min)
Intensity, I (inlhr)°
Peak Flow, Qp (cfs)5
Post -developed Curve Number, CN
Storage, S (inp
Runoff, Q (in)'
Runoff Volume (W)e
Time to Peak, Tp (sec)9
Runoff Volume, (ft)'o
Typical Single Family Residential Site Bell Cove Village
Sea Oats Village
WORA Parking Lot
Emerald Oasis Carwash
40.0%
72.5%
57.3%
29.8%'
67.3%
0290
0,029
0.029
0.021
0.496
Current Town Rules
2
2
2
2
2
0.41
0.70
0.57
0.32
0.66
854.17
14946.08
11915.92
4923.50
2360.28
Universal Stormwater Program
1.5
1.5
1.5
t5
1.5
0.41
0.70
0.57
0.32
0.66
640.63
11209.56
8936.94
3692.63
1770.21
Universal Stormwater
Program - Diffuse Flow
Requirement
0.15
0.15
0.15
0.58
0.15
5-00
8.00
5.00
5.00
5.00
5.42
4.86
5.42
5.42
5.42
0,23
2.14
2.36
6.71
0.40
0.47
0.73
0.58
0.82
0.69
5.00
5.00
5-00
5.00
5.00
5.42
5.42
5.42
5.42
5.42
0.73
11.60
9.13
9.48
1.86
62.6
81.8
72.8
88.6
78.7
5.97
2.22
3.74
1.29
2.71
0.79
2.02
1.37
2.60
1.78
823.98
21455.04
14463.67
20119.85
3204.78
810.47
1330.70
1139.71
1526.17
1242.40
403.60
12591.75
7714.43
4236,50
1804.38
1 - Difference in Imperviousness, from 54.5% to 84.2 %
2 - Simple Method, Runoff Coefficient = 0.05 + 0.9'IA where IA - impervious fraction
3 - Runoff Volume = Rainfall (in) ' Runoff Coefficient ' Area (ac)
4 - Intensity = g I (h + t.), where g - 141, h = 21 calculated using Emerald Isle Rainfall Statistics from NOAA Website
5 - Rational Method, Qp = C'I'A
6-5=10001CN-10
7 - Q = (P - 0.2'S)" ! (P + 0.8`S), where P = 1-yr, 24 hr rainfall (3.8 inches)
8 - Runoff Volume = Q ' Area
9 - Time to peak - Runoff Volume 1(1.39 ' Qp)
10 - Runoff Volume (Difference in Pre- vs- Post -development) _ (O,,..s, - Q,pfe)1 Tp

,£ %YJ E g,} I-.D -7-- S L-E orztD . Rr�, ✓ E V%/
Universal Stormwater Management Program REF—b , C o N V-& C-V`
Local Ordinance Provision Checklist for Coastal Counties
zoo J7
Prov
Used
M.O.
USMP - Model Ord
Yes
Langt
No
Rule Sect Page Ref
1
DWO to administer coastal local USMP ordinance, in whole or in part? a
1/
2
Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 17
3
Desi nation of Stormwater Administrator 24
'z
4
Effective date of Stormwater Ordinance 22
5
Stormwater Permit Requirement 18,25
6
BMP Design Manual 20
7
Concept Plan and Consultation Meeting 28
8
Requires control of at least first one and one half inch of rainfall d 34
9.30
foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 33
10136
percent impervious density limit within 575 feet of SA waters d 34
11
Removal of 85% Total Suspended Solids f 35
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 34
1,7
13
Post-dev discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 35
15
Time limittexpiration of approval 30
16
As -Built Plans Requirement 30
LoOO'i
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wlapproved plans h 35
18
Operation and Maintenance Plan l 43
19
Annual Inspection Report Requirement i 42,45
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures 1 39
21
No new sw discharge points to SA waters or expansion of existing sw conveyance sstems draining to SA waters (2) 40
22
Diffuse flow of stormwater providing effective infiltration of 1 yr, 24 hr storm not considered a direct point of sw discharge 2 40
23
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 37
24
Stormwater Map showing eo ra hic ordinance covers ea & location of all structural BMPs permitted under ord 18
�e.ce✓c>D /ZXV16\AJ

hmerald Isle Stormwater Ordinance
Subject: Emerald Isle Stormwater Ordinance
From: Bill Diuguid <[e-mail]>
Date: Thu, 08 Feb 2007 15:40:13 -0500
To: Kevin Reed <[e-mail]>
CC: Tom Reeder <[e-mail]>
Kevin:
Attached is my comments on the Emerald Isle stormwater ordinance in a checklist
format. And, of course, since I own two houses there in E.T., I wanted to give the
ordinance a close, yet favorable review.
The ordinance standard of controlling and treating the two inch rainfall event goes
beyond the USMP requirement of 1 and one-half inches. So from a stormwater treatment
standard, E.I.'s ordinance meets the USMP standard. However, there are a number of
ordinance procedural details that we have included in the USMP model ordinance, that
you will need to add to the E.T. ordinance to comply with USMP. Some of the
provisions I checked may be in other parts of the local ordinance. If so, let me
know.
Most of these needed provisions are non -controversial, some, however, require
functions like recordkeeping, mapmaking, inspections, recordation, etc. that
translate to increased costs, but these costs can be recovered from stormwater permit
fees.
The draft USMP model ordinance is in it's third revision and should be ready to email.
out to you in a couple of days. This model ordinance has specific, suggested
language for each of these provisions.
I'll try and reach you by phone Friday to discuss these additional ordinance language
changes you will need.
Bill
William H. Diuguid, AICP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural. Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
II Content -Type: application/pdf, ,
Emerald Isle USMP Ord Review Feb 8 07.pdf
Content -Encoding: basc64
l of 1 11/14/2007 10:28 AM

, • .
Stormwater Management Plan for Emerald Isle as compared to Universal Stormwater Management Plan
After reviewing the current stormwater management plan in place in Emerald Isle, North Carolina, and
comparing that to the Universal Stormwater Management Program, the following suggestions are
V/made to update the Emerald Isle plan.
One major difference between the two plans are that in Section 16-6(a)(1) of the Emerald Isle plan
requires that runoff from the first two inches of rainfall are to be captured whereas the USMP
f1 regulations mandate runoff from only the first one and one-half inches. The Emerald Isle plan is more
�J stringent in this area.
The Universal Stormwater Management Program effects only projects disturbing 10,000 square feet of
land and projects that disturb less than 10,000 square feet of land that are part of a larger common plan
(� of development or sale. The Emerald Isle plan effects nearly all development and redevelopment
v within a minimum cap of only 1,000 square feet.
In reviewing the ordinance review by NCDWQ, we have developed the following responses numbered
in the same order:
V 1) It is our understanding that the local government has full responsibility to administer the program
and NCDWQ only gets involved if the local sponsor asks.
2) Town requirement of 1,000 sq. ft. minimum is much more restrictive. This requirement pulls in
single family homes whereas USMP may not. Town's requirement is much more protective of the
environment.
3) Kevin Reed or John Freshwater could be designated as the Stormwater Administrator and the
language from the model ordinance added.
4) The effective date of the revised ordinance can be easily added.
5) Doesn't the Town's existing stormwater management plan documentation meet this requirement?
6) Can be referred to under Section 16-9. Remove other documents?
7) This appears to be voluntary. Is there a need to include this within existing Town ordinance? Does
the Town want to include?
S) Town's requirement of 2 inches is more restrictive.
9) Section 16-6.b.9 could be altered to include this statement.
10) Doesn't 16-6.b.21 cover this? Else Town may alter this section to include 36% impervious limit.
11) Doesn't volume requirement meet this? Only applicable for wet ponds anyway so change Section
16-6.b. I 1 to include this requirement.
12) Same as 11), but also need to add to infiltration devices?
13) Volume requirement already exceeds this for Emerald Isle. Show examples.

14) Most requirements are already included. Only statement that may be needed is to account for off -
site drainage which drains to site.
15) Town can add time limit of for permit expiration to Section 16-8. 1 year?
16) Given the Town inspection process, is this requirement necessary? Can be added to Section 16-8,
17) Same as 16). See Town Section 16-6.c.3
18) and 19) Depends on Town's desires. Town's requirements for maintenance are more "good faith"
whereas model USMP ordinance much more structured and provides accounts.
20) Statement could be easily added to Section 16-6.b.21-22. Infiltration systems encourage die -off.
21) Covered under Section 16.6.b. I
22) Town's volume requirement more restrictive and should govern along with 16.6.b. I
23) Town requires 2 feet and is more restrictive.
24) Could easily be implemented within Town GIS system. Require plan to include BMP latitude and
longitude.

t
Universal Stormwater Management Program�i/��� �-
Local Ordinance Provision Checklist for Coastal Counties
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
JDWQ to administer coastal local USMP ordinance, in whole or in part? a
2
Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 17
✓
3
Designation of Stormwater Administrator 24
4
Effective date of Stormwater Ordinance 22
✓
5
Stormwater Permit Requirement 18,25
✓
6
BMP Design Manual 20
✓
7
Concept Plan and Consultation Meeting 28
✓
8
Requires control of at least first one and one half inch of rainfall d 34
✓
9
30 foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 33
✓,
10
36 percent impervious density limit within 575 feet of SA waters d 34
✓
11
Removal of 85% Total Suspended Solids f 35
w",j
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 34
13
Post-dev discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f ?
i/
141
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 35
✓ ,
15
Time limit/expiration of approval 30
16
As -Built Plans Requirement 30
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wlapproved plans h 35
✓,
18
Operation and Maintenance Plan 1 43
19
Annual Inspection Report Requirement i 42,45
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures 1 39
_
✓
21
No new sw discharge points to SA waters or expansion of existing sw conveyance systems draining to SA waters 2 40. L
22
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 37
✓
23
Stormwater Map showing geographic ordinance covera ea & location of all structural BMPs permitted under ord 18
rlf-�

Zip
III l-r A &-07 - /6��-3 ;-,a0 Srv_-1-1 d: Y\
�o
�s
"g42A
a � �

1t140✓3: mok Can we meel sometime?
Subject: RE: USMP - Can we meet sometime?
From: "Frank Rush" <[e-mail]>
Date: Thu, 4 Oct 2007 10:22:55 -0400
To: "'Bill Diuguid"' <[e-mail]>
Bill - Sounds great. Please let me know a good date and time for you and Tom to come down. Thanks,
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252 354 3424 office
252 241 6995 mobile
www.ciiieraldisle-nc.org
frush a emcraldisle-nc.org
-----Original Message -----
From: Bill Diuguid[mailto:[e-mail]]
Sent: Thursday, October 04, 2007 9:44 AM
To: Frank Rush
Subject: Re: USMP - Can we meet sometime?
Frank Rush:
Yes, a meeting would be fine. Tom Reeder and I are your best sources of information on the
USMP, since the two of us have gone all over the state selling the program. Tom, of course, is
known as the father of the USMP, as well as that of the new draft coastal stormwater rule
changes. So we may have to come at night and in disguises. Just kidding.
just completed a USMP ordinance implementation in Kure Beach (first in the State), which
started the program September 1st. Tom now calls me the Closer. We DWQ have agreed to
implement the USMP for Kure Beach through our Wilmington Regional Office. Eric Vann,
Chairman of the Kure Beach Storrnwater Committee, ericwvann a yahoo.com, and Mac
Montgomery, Mayor Pro Tern, and soon to be Mayor, rnacn-iontgornery i tow_notkurebcach.org,
were our main contacts there. I'm sure they would be willing to share with you their experience
with the USMP.
Kure Beach choose to apply the USMP to developments disturbing 5,000 square feet or more,
since they don't have a lot of large lots left.
Kure Beach has also been a leader in stormwater control and treatment, recently installing
underground sw treatment devices that collect the street stormwater, eliminating some ocean
outfalls. They are in the process of planning the installation of two more near the Kure Beach
pier, a really cool old pier that I always walk out to the end of when I was down there. Also, I
1 o0 10/15/2007 8:46 AM

RE 4 USM1"- Can we meet sometime?
don't know if you know that the Corncake Inlet, south of Kure Beach, connected to Bald Head
Island filled in. Hey, I could walk to my lot on BHI (though it would be a long walk).
I'll bet with Tom Reeder and get some dates that we can both come down to El.
Frank Rush wrote:
I hope this email finds you doing well.
I think it's very likely that: the Town will apply for the Universal
Storm Water Management Program, but I'd like to try to secure USMP
approval by having the Town's existing local storm water ordinance
amended to comply with USMP rather than adopting the model. USMP
ordinance. Based on your earlier cursory review of our ordinance, it
appears that most of the areas where our ordinance does not match up
with USMP are procedural / non -substantive, and the Town's ordinance
could easily be amended to address these issues.
I would like to arrange a meeting in Emerald Isle sometime in the next
few weeks where we can all meet to discuss these issues. I'd like to
have the following people attend:
- you (and perhaps Tom Reeder if he's interested - I'm sure he's pretty
busy right now, however),
me,
- Kevin Reed, our Planning and Inspections Director,
- Johnny Martin, one of our consulting engineers from Moffatt & Nichol
who provided valuable guidance on USMP for us previously, and
- our new consulting engineer who will review development plans for
compliance with our local storm water ordinance (we're in the process of
selecting someone and should identify him/her in the next week or two).
Ideally, I'd like each of us to review the Town's ordinance (about 15
pages, and references the BMP manual) before the meeting, and then be
able to meet for a couple of hours or so to identify the necessary
amendments to comply with USMP. I would then present the amendments to
the Board of Commissioners for adoption and then submit to DWQ for
certification with USMP.
Please let me know a good date / time that you can meet with us. If
you're not the best person to meet with us, perhaps you can let me know
who to coordinate with on this issue.
Thanks!
Frank
Frank A. Rush, Jr.
Town Manager
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
252 354 3424 office
252 241. 6995 mobile
www.emeraidisle-nc.org
2 of 3 10/15/2007 8:46 AM

R1:? USM1"- Can we meet sometime?
frush@emeraldisle-nc.
William H. Diuguid, A1CP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
3 of 3 10/15/2007 8:46 AM

Emerald Isle Stormwater Ordinimcc
Subject: Emerald Isle Stormwater Ordinance
From: Bill Diuguid <[e-mail]>
Date: Thu, 08 Feb 2007 15:40:13 -0500
To: Kevin Reed <[e-mail]>
CC: Tom Reeder <[e-mail]>
Kevin:
Attached is my comments on the Emerald Isle stormwater ordinance in a checklist
format. And, of course, since I own two houses there in E.T., I wanted to give the
ordinance a close, yet favorable review.
The ordinance standard of controlling and treating the two inch rainfall event goes
beyond the USMP requirement of 1 and one-half inches. So from a stormwater treatment
standard, E.I.'s ordinance meets the USMP standard. However, there are a number of
ordinance procedural details that we have included in the USMP model ordinance, that
you will need to add to the E.T. ordinance to comply with USMP. Some of the
provisions I checked may be in other parts of the local ordinance. If so, let me
know.
Most of these needed provisions are non -controversial, some, however, require
functions like recordkeeping, mapmaking, inspections, recordation, etc. that
translate to increased costs, but these costs can be recovered from stormwater permit
fees.
The draft USMP model ordinance is in it's third revision and should be ready to email
out to you in a couple of days. This model ordinance has specific, suggested
language for each of these provisions.
I'll try and reach you by phone Friday to discuss these additional ordinance language
changes you will need.
Bill
William H. Diuguid, ATCP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
Emerald Isle USMP Ord Review Feb 8 07.pdf Content -Type: application/pH
Content -Encoding: base64
1 of] 10/15/2007 8:40 AM

£mjj�K }L.D _7_- SLE Ul,2>. REV"C V/
Universal Stormwater Management Program,PEED , Co u ' ;,r L,q—
Local Ordinance Provision Checklist for Coastal Counties
Z f/zoo 17
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
DWQ to administer coastal local USMP ordinance, in whole or in part? a
2
Application to Dev distu rbing 10,000 sq ft or more, or less than 10,000 sq ft but part of large r common plan d 17
3
Designation of Stormwater Administrator 24
?
4
Effective date of Stormwater Ordinance 22
5
Stormwater Permit Requirement 18,25
6
BMP Design Manual 20
7
Concept Plan and Consultation Meeting 28
8
Requires control of at least first one and one half inch of rainfall d 34
9
30 foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 33
V
10
36 percent impervious density limit within 575 feet of SA waters d 34
11
Removal of 85% Total Suspended Solids f 35
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 34
13
Post-dev discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02N.1008 c f 35
15
Time limit/expiration of a proval 30
16
As -Built Plans Requirement 30
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/ap roved plans h 35
18
Operation and Maintenance Plan 1 43
19
Annual Inspection Report Requirement i 42,45
V
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures (1) 39
21
No new sw dischar a points to SA waters or expansion of existing sw conveyance systems draining to SA waters 2) 40
22
Diffuse flow of stormwater providing effective infiltration of 1 yr, 24 hr storm not considered a direct point of sw discharge 2 40
23
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 37
24
Stormwater Map showin geographic ordinance covera ea & location of all structural BMPs permitted under ord 18

Universal Stormwater Management Program
Local Ordinance Provision Checklist for Coastal Counties
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No ,
Rule Sect Page Ref
✓
1
DWQ to administer coastal local USMP ordinance, in whole or in part? a
✓
2
Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 17
3
Designation of Stormwater Administrator 24
4
Effective date of Stormwater Ordinance 22
5
Stormwater Permit Requirement 18,25
✓
6
BMP Design Manual 20
✓
7
Concept Plan and Consultation Meeting 28
►�
8
Requires control of at least first one and one half inch of rainfall d 34
✓
9
30 foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 33
✓
10
36 percent impervious density limit within 575 feet of SA waters d 34
✓
11
Removal of 85% Total Suspended Solids f 35
✓
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 34
e/
13
Post-dev discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f 7 Vol
V
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 35
15
Time Iimitlexpiration of approval 30
16
As -Built Plans Requirement 30
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wla proved plans h 35
✓
18
Operation and Maintenance Plan l 43
19
Annual Inspection Report Requirement i 42,45
✓
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures (1) 39
21
No new sw discharge points to SA waters or expansion of existing sw conveyance systems draining to SA waters 2 40
►�
22
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 37
✓
23
Stormwater Map showing geographic ordinance covers ea & location of all structural BMPs permitted under ord 18
HCrr - A-s >- RV
rL

Chapter WSTORMWATER MANAGEMENT*_,
*Editor's note: Ord. No. 2 of Sept. 14, 2004 amended fonner Ch. 16 in its entirety which
pertained to similar subject matter and derived from an Ord. of March 12, 2002.
Cross references: Buildings and building regulations, Ch. 6; health and sanitation, Ch. 9;
planning and development, Ch. 13; solid waste management, Ch. 15; streets and
sidewalks, Ch. 17; subdivisions, Ch. 18, flood darnage prevention, § 19-250 et seq.
State law references: Conservation of Natural Resources, N. C. Constitution, Article XIV,
Section 5; General police power, G.S. 160A-174; Municipal regulation of land -disturbing
activity, G.S. 1 13A-50 et seq., G.S. 143-214.7.
See. 16-1 Goals and purposes.
The preservation of water quality and protection against flooding are central
environmental goals of the Town of Emerald Isle.) In order to meet these important goals,
the town adopts this stormwater management ordinance for the following purposes:
(1) To regulate new development, redevelopment, and other construction activities
within the jurisdiction of the town, consistent with federal, state and local
requirements, and the town's environmental goals.
(2) To provide the structure within which the authority of the town to administer and
enforce stormwater quantity and quality regulations will be exercised.
(Ord. of 9-14-04(1)
Sec. 16-2. Findings of facts.
The board of commissioners finds that development without control of drainage has a
significant adverse impact upon the health, safety and welfare of the community. More
specifically:
(1) Uncontrolled stormwater runoff can carry pollutants into receiving water bodies,
degrade water quality and result in closures of shellfishing waters;
(2) Uncontrolled stormwater runoff can increase nutrients such as phosphorus and
nitrogen, thereby accelerating eutrophication of receiving waters, adversely
affecting flora and fauna;
(3) Improperly channeling water increases the velocity of runoff, thereby increasing
erosion and sedimentation;
(4) Construction requiring the alteration of natural topography and removal of'
vegetation tends to cause a loss of natural recharge areas and increase erosion;

(5) Siltation of water bodies resulting from increased erosion decreases their capacity
to hold and transport water, interferes with navigation, and harms flora and fauna;
(6) Impervious surfaces increase the volume and rate of stormwater runoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge;
(7) Improperly managed stormwater runoff can increase the incidence of flooding and
the level of floods which occur, endangering property and human life;
(8) Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas, thereby disrupting biological productivity;
(9) The economy of the town, as well as the health and welfare of its citizens, is
dependent upon the preservation of pristine beaches, clean navigable waterways,
abundant fishing and shellfishing resources, and a healthy ecosystem that attracts
visitors to the town,
(10) Many future problems can be avoided or substantially mitigated if land is
developed in accordance with sound stormwater runoff management practices.
(Ord. of 9-14-04(1), § 1)
Sec. 16-3. Objectives.
In order to protect, maintain, and enhance both the immediate and the long-term health,
safety and general welfare of the citizens of the town, this chapter has the following
objectives:
(1) Promote productive and enjoyable harmony between human activities and nature;
(2) Protect, restore and maintain the chemical, physical and biological integrity of the
waters of Bogue Sound, Archer's Creek and the Atlantic Ocean;
(3) Prevent individuals and business organizations from causing harm to the
community by activities which adversely affect water resources;
(4) Encourage the construction of drainage systems which aesthetically and
functionally approximate natural systems;
(5) Encourage the protection of natural systems and the use of them in ways which do
not impair their beneficial functioning;
(6) Encourage the use of drainage systems which minimize the consumption of
electrical energy or petroleum fuels to move water, remove pollutants, or maintain
the systems;
(7) Minimize the transport of pollutants to area surface waters;

(8) Protect and maintain natural salinity levels in estuarine areas;
(9) Minimize erosion and sedimentation;
(10) Prevent damage to, wet] ands;
(11) Prevent damage from flooding, while recognizing that natural fluctuations in
water levels are beneficial-,
(12) Protect, restore, and maintain the habitat of fish and wildlife;
(13) Ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plans for all activities which may
have a significant adverse impact upon community waters and nearby properties.
(14) Prevent or reverse salt water intrusion.
(Ord. of 9-14-04(1), § 1)
Sec. 16-4. Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter its most effective
application:
Adverse impact means any modification, alteration or effect on a feature or characteristic
of community waters or wetlands, including their quality, quantity, hydrodynamics,
surface area, species composition, living resources, aesthetics or usefulness for human or
natural uses which is or may potentially be harmful or injurious to human health, welfare,
safety or property, to biological productivity, diversity, or stability or which unreasonably
interferes with the enjoyment of life or property, including outdoor recreation.
Clearing means the removal of trees and brush from the land but shall not include the
ordinary mowing of grass.
Detention means the collection and storage of surface water for subsequent gradual
discharge.
Developer means any person who engages in development either as the owner or as the
agent of an owner of property.
Development or development activity means:
(1) The construction, installation, alteration, demolition or removal of a structure,
impervious surface, or drainage facility;

(2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a
site;
(3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or significantly disturbing the soil, mud, sand or rock
of a site in any other manner.
Drainage facility means any component of the drainage system.
Drainage system means the system through which water flows from the land. It includes
all watercourses, water bodies and wetlands.
Erosion means the wearing or washing away of soil by the action of wind or water.
Existing conditions means the current conditions which exist at the site as a result of prior
development of the site, including, but not limited to, any structures, impervious surfaces,
drainage facilities, and other disturbances of the site. In cases in which no prior
development of the site has occurred, the existing conditions are the predevclopment
conditions, as defined in this section.
Flood means a temporary rise in the level of any water body, watercourse or wetland
which results in the inundation of areas not ordinarily covered by water.
Impervious surface means a surface which has been compacted or covered with a layer of
material which prevents or significantly impedes the infiltration of water into the soil. It
includes semi -impervious surfaces such as gravel and compacted clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots and other similar
structures, alterations, or improvements.
Natural systems means systems which predominantly consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur indigenously on the
land, in the soil or in the water.
Owner means the person in whom is vested the fee ownership, dominion, or title of
property, i.e., the proprietor. This term may also include a tenant, if chargeable under his
lease or occupancy agreement for the maintenance of the property, and any designated
agent of the owner or tenant including a developer acting on an owner's behalf.
Person means any and all persons, natural or artificial and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership, association,
limited liability company, two (2) or more persons having a legally recognized joint or
common interest, or other legal entity,
Predevelopment conditions means those conditions which existed before alteration,
resulting from human activity, of the natural topography, vegetation and rate, volume or

I
direction of surface or ground water flow, as indicated by the best available historical
data.
Receiving bodies of water means any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in manmade ditches, or in a closed conduit system.
Redevelopment means the acquisition, clearance, rehabilitation, or rebuilding of an area
for residential, recreational, commercial, industrial, or other purposes, including; the
provision of streets, utilities, parks, recreational areas, or other open spaces.
Retention means the collection and storage of runoff without subsequent discharge to
surface waters.
Sediment means fine particulate material, whether mineral or organic, that is in
suspension or has settled in a water body.
Sedimentation facility means any'structure or area which is designed to hold runoff water
until suspended sediments have settled.
Site means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land
which are in one (1) ownership, or are contiguous and in diverse ownership where
development is to be performed as part of a unit, subdivision, or project.
Stormwater management plan means the analysis required to meet the standards outlined
in section 16-6 for each activity described in section 16-5. The elements to be included in
a stormwater management plan are described in Section 16-7..
Structure means that which is built or constructed, an edifice or building of any kind, or
any piece of' work artificially built up or composed of parts joined together in some
definite manner, but shall not include fences or signs.
Subdivide means to divide the ownership of a parcel of land, whether improved or
unimproved, into two (2) or more contiguous lots or parcels of land, whether by reference
to a plat, by metes and bounds or otherwise, or, if the establishment of a new street,
easement, or right-of-way is involved, any division of a parcel of land. Subdivision
includes a re -subdivision and, when appropriate to the context, relates to the process of
subdividing or to the land subdivided.
Vegetation means all plant growth, especially, but not limited to, trees, shrubs, vines,
ferns, mosses and grasses.
Waters or community of waters means any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body or drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the
surface of the ground, as well as coastal waters.
Water body means any natural or artificial pond, lake, reservoir or other area which
ordinarily or intermittently contains water and which has a discernible shoreline.

Watercourse means any natural or artificial stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, street, roadway, swaie, or wash in which
water flows in a definite direction, either continuously or intermittently, and which has a
definite channel, bed or banks.
Watershed means a drainage area or drainage basin contributing to the flow of water into
a receiving body of water.
Wetlands means those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and wider normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and.similar areas.
(Ord. of 9-14-04(l ), § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 16-5. Applicability.
All development and redevelopment, including, but not limited to, all single-family and
duplex residential dwellings, constructed within the town after the effective date of this
chapter must comply with the minimum stormwater control standards outlined in section
16-6.
(Ord. of 9-14-04(1), § 1)
Sec. 16-6. Storm water management standards.
(a) Performance standards. The proposed development, development activity, or
redevelopment shall be planned, designed, constructed, and maintained to:
(1) Ensure that, after development or redevelopment, runoff leaving the development
or redevelopment site approximates the rate of 'flow and timing of runoff that
would have occurred following the two-inch rainfall under existing conditions and
to the extent practicable, the predevelopment conditions, unless runoff is
discharged into an off -site drainage facility as provided in section 16-6(c);
(2) Protect the quality of surface waters;
(3) Ensure that erosion during and after development or redevelopment is minimized;
(4) Protect the beneficial functioning of wetlands as areas for the natural storage of
surface waters and the chemical reduction and assimilation of pollutants;
(5) Prevent the potential for increased flooding and damage to structures already
located in areas known to be subject to potential flooding;
(6) Protect the natural fluctuating levels of salinity in estuarine areas;

(7) Minimize injury to flora and fauna and adverse impacts to fish and wildlife
habitat that can be directly attributed to transport of sediment or contaminants by
stormwater runoff or to recurrent flooding of natural habitats;
(8) Otherwise further the objectives of this chapter.
(b) Design standards. To ensure attainment of the objectives of this chapter and to
ensure that performance standards will be met, the design, construction and
maintenance of drainage systems shall be consistent with the following standards:
(1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead,
runoff shall be routed through swales and other systems designed to increase time
of concentration, decrease velocity, increase infiltration, allow suspended solids to
settle, and remove pollutants.
(2) The area of land disturbed by development shall be as small as practicable. Those
areas which are not to be disturbed shall be protected by an adequate barrier from
construction activity. Whenever possible, indigenous vegetation shall be.retained
and protected. Where this is not possible, suitable nature species shall be planted.
(3) No grading, cutting or filling shall be commenced until erosion and sedimentation
control devices have been installed between the disturbed area and water bodies,
watercourses and wetlands. Following initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed on all perimeter dikes,
swales, ditches, perimeter slopes, all slopes greater than 3 horizontal to 1 vertical
(3.1), and embankments of ponds. Requirements for pennanent stabilization shall
not apply to those areas being used for material storage or for those areas where
construction activities are currently being performed.
Clean sand shall be used for fill. The fines in the sand should be limited so that seepage
and migration through it will facilitate normal drainage. The fill shall be placed so as not
to cause water to be diverted to adjacent property. Pipe culverts shall be installed under
driveways to allow passage of water if consistent with good design practices. The
maximum amount of fill at any location shall be limited to an average of two (2) feet
across the area filled, unless the applicant submits a professionally designed stormwater
management plan in accordance with section 16-7(c).
hlcidental filling on previously developed residential lots may exceed the two (2) feet
limitation without submitting a professionally designed stormwatcr management plan,
provided the incidental tilling does not cause water to be diverted to adjacent property.
(4) Land which has been cleared for development and upon which construction has
not commenced shall be protected from erosion by appropriate techniques
designed to revegetate the area within thirty (30) days (seeding, ctc.).
(5)• Sediment shall be retained on the site of the development.

(6) Wetlands and other waterbodies shall not be used as sediment traps.
(7) Erosion and sedimentation facilities shall be maintained to insure that they
continue to function properly.
(8) Artificial watercourses shall be designed, considering soil type, so that the
velocity of flow is low enough to prevent, or minimize to the maximum extent
practicable, erosion.
(9) Vegetated buffer strips shall be created or, where practicable, retained in their
natural state along the banks of all watercourses, water bodies or wetlands. The
width of the buffer shall be sufficient to prevent erosion, trap the sediment in
overland runoff, provide access to the water body and allow for periodic flooding
without damage to structures.
(10) Intermittent watercourses, such as swales, will be vegetated.
(11) Detention ponds may be used to detain increased and accelerated runoff caused by
development or redevelopment if the runoff is discharged to a water body,
watercourse or wetland. Water shall be released from detention ponds into water
bodies, watercourses or wetlands at a rate and in a manner approximating the
natural flow which would have occurred before development.
(12) Although the use of wetlands for storing and purifying water is encouraged, care
must be taken not to overload their capacity, thereby harming the wetlands and
transitional vegetation. Wetlands should not be damaged by the construction of
detention ponds.
(13) All development must provide appropriate infiltration to control runoff of rainfall
from all impervious surfaces on site as specified in section 16-7. The design of the
infiltration method must take into account the runoff from any pervious surface
drainage that is directed to the infiltration site. Flow from gutters and downspouts
shall be diverted to the infiltration site, as necessary.
(14) All underground storage of runoff shall be accomplished so that there is a
minimum of two (2) feet vertical separation between the highest seasonal water
��,,.,'� table and the bottom_ of the feature(s) used for storage.
All r
(15) Runoff from parking lots shall be treated to remove oil and sediment before it
enters receiving waterbodies.
(16) Detention and retention areas shall be *designed so (bat shorelines are sinuous
rather than straight and so that length of shoreline is maximized, thus offering
more space for the growth of littoral vegetation.

(17) With the exception of bulkheaded ponds, the banks of detention and retention
areas shall slope at a grade no steeper than 3 to 1 (horizontal run to vertical rise)
into an area of water as a safeguard against drowning, personal injury or other
accidents, to encourage the growth of vegetation and to allow the alternate
flooding and exposure of areas along the shore as water levels periodically rise
and fall.
(18) The multiple use of drainage facilities and vegetated buffer zones as open space,
recreation and conservation areas is encouraged.
(19) Lot owners or contractors shall not fill more than one thousand (1,000) sq. ft. of
any part of a pond or wetland unless that pond or wetland is expanded or a new
retention area is built as replacement. This expansion or new retention area shall
be constructed within the town limits of Emerald Isle, and be capable of holding a
volume of storm water at least equal to the one lost as a result of the fill. If this
should preclude any reasonable development of the lot, the applicant may apply to
the board of adjustment for a variance.
(20) Stormwater shall not be discharged to the sound or onto the beach, except as
permitted or allowed by the state or federal agencies having jurisdiction.
(21) Development within the area of environmental concern (AEC) _adjacent to
outstanding resource waters (ORW), as defined by the. NC Division of Coastal
1 'Management, shall adhere to the storm water management standards of the NC
Division of Coastal Management, or any successor agency. The standards of the
II� 7 NC Division of Coastal Management shall take precedence over the standards
W i included in this chapter, provided, however, that the developer shall also be
required to adhere to the specific standards included in this chapter that are not in
conflict with the standards of the NC Division of Coastal Management.
(22) Because this practice reduces stormwater runoff storage capacity, the artificial
recharge of natural ponds and/or man-made detention and retention ponds with
groundwater or other water supplies is prohibited. This provision shall not apply
to groundwater recharge systems installed and in regular use prior to the effective
date of this chapter. However, the town strongly encourages compliance with this
prohibition by existing users of groundwater recharge systems.
(c) Of/�site drainage facilities.
(1) The town may allow Stormwater runoff that is associated with subdivisions that
have an approved subdivision stormwater management plan in accordance with
section 1 b-7(c), or that is otherwise of unacceptable quality or which would be
discharged in volumes or at rates in excess of those otherwise allowed by this
chapter, to be discharged into drainage facilities off the site of development if'
each of the following conditions are met:

a. It is not practicable to completely manage runoff on the site in a manner
that meets the perfonnance standards and design standards of this chapter,
or if the initial subdivision stonnwater management plan was designed to
accommodate the runoff from the site;
b. The off -site drainage facilities and channels leading to them are designed,
constructed and maintained in accordance with the requirements of this
chapter;
C. Adverse environmental impacts on the site of development will be
minimized.
(2) A request to use off -site drainage facilities and all information related to the
proposed off -site facilities should be made a part of the developer's stonnwater
management plan. Guidance documents to be used when designing or operating
off -site drainage systems are listed in section 16-9 of this chapter.
(3) The use of off -site drainage facilities shall be permitted only if easements or deed
restrictions to insure continued use of the drainage facility site(s) have been
approved by the town and recorded in the office of the Carteret County register of
deeds. A copy of such recorded provisions shall be provided to the town and shall
be considered a condition of any approval granted under this chapter.
(Ord. of 9- l 4-04(l ), § 1)
Sec. 16-7. Storm►vater management plan.
(a) All development and redevelopment, including, but not limited to, single-family
or duplex residential dwellings, constructed within the town after the effective date of this
chapter must submit a stone water management plan that complies with the minimum
stormwater control standards outlined in section 16-6. The burden of proving compliance
with the stonnwater management standards and the cost associated with producing such
proof shall be borne by the developer.
(1) Exemptions. The following development activities are exempt from the
stormwater management plan requirement:
a. Additions or modifications to existing single family detached residential
structures, if the development does not increase impervious surface by
more than one thousand (1,000) square feet.
b. Any maintenance, alteration, use or improvement to an existing structure
not changing or affecting quality, rate, volume or location of surface water
discharge.

C. New subdivisions that involve only the preparation of plats that delineate
lot boundary lines within the subdivision, and do not involve the
construction of infrastructure to serve the subdivision.
(b) Submittal and approval. A stormwater management plan must be submitted and
approved before:
(1) A preliminary plat is approved;
(2) An existing drainage system is altered, rerouted, or deepened;
(3) A building permit is issued;
(c) Proposed single family and duplex residential projects with less than five
thousand (5,000) square feet of impervious surface shall adhere to the stornwater
management plan requirements outlined below:
2
3
(4)
N0
It is the responsibility of an applicant to provide sufficient information in the plan
so that the town or its agents may reasonably evaluate the environmental
characteristics of the affected areas, the potential and predicted impacts of the
proposed activity on area surface waters, and the effectiveness and acceptability
of those measures proposed by the applicant for reducing adverse impacts. The
applicant shall provide maps, charts, graphs, tables, photographs, narrative
descriptions and explanations, as appropriate, to demonstrate compliance with the
town's stornwater management standards.
The applicant shall submit the name, address and telephone number of the owner
and the developer.
The conditions of the site shall be described in general, including the following:
a. The direction of flow of stornwater runoff under existing conditions;
b. The location of areas on the site where stornwater collects or percolates
into the ground; and
C. A survey of the site, including topography. The survey shall be prepared
by a licensed surveyor showing contours every two (2) feet. It must also
show the cross section, and location of drainage ditches within the area
surveyed, and the location of wetlands, and ponds.
d. At the discretion of the town or its agent, the elevation of the seasonal
high water table may be required.
Proposed alterations of the site shall be described, including:

a. Change(s) in topography. The proposed final elevations shall be shown in
a manner that can be distinguished from the existing elevations. If there
are abrupt changes in elevations, these should be clearly identified in the
plans. These should be plotted on a scale that is easy to read and in a form
that conveys the nature of changes that are proposed.
b. The proposed area to be reserved as natural area on the property as
required by 19-334(c)(i )c. of the Town Codes.
C. Identification and quantification of the area(s) that will be covered with
impervious surface(s) and a description of the surfacing matcrial(s).
C. The size and location of any buildings or other structures.
(5) Predicted impacts of the proposed development on existing conditions shall be
described in general, including:
a. Impacts on wetlands, if any;
b. Impacts on vegetation.
(6) All features intended to receive stormwater runoff from the proposed impervious
surfaces on site shall be described and their location identified on the survey. The
applicant is required to demonstrate that sufficient area is reserved to provide
sixteen and sixty-seven hundredths (16.67) cubic feet of storage capacity for
every one hundred (100) sq. ft. of impervious surface proposed. �' 1
(7) A description of the measures that will be put in place for the control of erosion
and sedimentation shall be provided.
(8) The applicant shall provide other information which the town or its designated
agent deems necessary for an evaluation of the development proposal for
compliance with this chapter,
(d) A professionally designed stormwater management plan, designed and sealed by a
registered design professional, shall be required for all single-family and duplex
residential projects with more than five thousand (5,000) square feet or more of f
impervious surface, and. for all multi -family residential, commercial and industrial
projects.
(1) Stormwater management plans must be completed by a North Carolina registered
professional with qualifications appropriate for the type of system required; these
registered professionals are defined as: professional engineers; landscape
architects, to the extent that the NC General Statutes, Chapter 89A, allow; and
registered land surveyors, to the extent that the design represents incidental
drainage within a subdivision, as provided in General Statute 89c-3(7).

(2) It is the responsibility of an applicant to include in the stormwater management
plan sufficient information for the town or its agents to evaluate the
environmental characteristics of the affected areas, the potential and predicted
impacts of the proposed activity on area surface waters, and the effectiveness and
acceptability of those measures proposed by the applicant for reducing adverse
impacts. The stormwater management plan shall contain maps, charts, graphs,
tables, photographs, narrative descriptions and explanations and citations
supporting references, as appropriate, to communicate the information required by
this section.
(3) The stormwater management plan shall contain the name, address and telephone
number or the owner and the developer.
(4) The existing environmental and hydrologic conditions of the site and of receiving
waters and wetlands shall be described in detail, as follows:
a. The location(s) of runoff leaving; the development site along with the
direction of the runoff as it exits the site.
b. The location of areas on the site where stormwater collects or percolates
into the ground shall be denoted.
C. A description of all watercourses, water bodies and wetlands on or
adjacent to the site or into which stormwater flows shall be provided.
Information regarding their water quality and the current water quality
classification, if any, given them by the state Department of Environment
and Natural Resources (DENR) shall be included.
d. The depth(s) to the seasonal high groundwater table shall be provided.
e. Location of floodplains shall be denoted oil the survey plan of the site
required by paragraph 16-7(d)(4)1"
f. A survey of the site, including topography. The survey shall be prepared
by a licensed surveyor showing contours every two (2) feet. It must also
show the cross section, and location of drainage ditches within the area
surveyed, and the location of wetlands, and ponds. Elevation of the
seasonal high water level in the ponds and wetlands shall also be shown.
g. Soils, as delineated and described in the Soil Conservation Service
Publications, Soil Survey of Carteret County, NC or Soil Survey of the NC
Outer Banks. The town or its agent, at their sole discretion, may also
require the developer to conduct an evaluation of the soil profile at the
development site. If such an investigation is required, it shall be conducted
by a registered soil scientist for the developer.

(5) Proposed alterations of the site shall be described in detail, including:
a. Changes in topography. The proposed final elevations shall be shown in a
manner that can be distinguished from the existing elevations. if there are
abrupt changes in elevations, these should be clearly identified in the
plans. These should be plotted on a scale that is easy to read and in a form
that conveys the nature of changes that are proposed.
b. The proposed area to be reserved as natural area on the property as
required by 19-334(c)(I )c. of the Town Codes.
C. Areas that will be covered with an impervious surface and a description of
the surfacing material.
d. The size and location of any buildings or other structures.
(6) Predicted impacts of the proposed development on existing conditions shall be
described in detail, including:
a. Changes in the incidence and duration of flooding on the site and
adjoining property;
b. Impacts on wetlands, if any;
C. Impacts on vegetation.
d. Certification by the owner/developer that all stornawater management
construction and maintenance will be done according to plan.
C. An as -built certification signature block to be executed after completion,
to be signed by the owner and the qualified stormwater design
professional.
(7) All components of the drainage system and any measures for the detention,
retention, or infiltration of water or for the protection of water quality shall be described
in detail, including:
a. The quantity of stormwater, based on a two-inch rainfall design, that will
be collected on the site;
b. Detention and retention areas, including plans for the discharge of
contained waters;
C. Areas of the site to be used or reserved for percolation;

d. A plan for the control of erosion and sedimentation which describes in
detail the type and location of control measures.
C. Any other information which the developer or the town or its designated
agents believes is reasonably necessary for an evaluation of the
development proposal for compliance with this chapter.
(e) New subdivisions. ; The stormwater management plan for new subdivisions,
regardless of proposed land use, shall be designed and sealed by a registered design
professional as described by paragraph 16-7(d)(1), and shall include calculations of, and
incorporate design features to control the__total_volume of storm water runoff projected
after full build -out of the subdivision)
(1) The catchment area shall be the entire development and any adjoining areas that
drain into the development site.
(2) Stonnwater management plans for new subdivisions shall adhere to the
requirements outlined in section 16-7(d).
(3) The development of a subdivision stormwater management plan in accordance
with this subsection may relieve individual lot owners of the requirement to
provide the required on -site infiltration required in section 16-6(b)(13), As
individual lots within a subdivision are developed, a stormwater management plan
shall be required for each lot, in accordance with section 16-7(a). The stormwater
management plan for individual lots may refer to the original subdivision
stormwater management plan to meet the requirements of this chapter, however,
the town or its agent may require additional on -site retention if runoff from the
proposed development is not adequately controlled through the original
subdivision stormwater management plan.
(Ord. of 9-14-04(1), § 1)
Sec. 16-8. Procedures and fees.
(a) Any person planning a development, as defined in this chapter, unless exempted,
shall submit a stormwater management plan to the town.
(b) A permit fee will be collected at the time the stormwater management plan is
submitted and will reflect the cost of administration and management of the permitting
process. The town shall establish, by resolution, a fee schedule based upon the relative
complexity of the project. The fee schedule may be amended, from time to time, by the
town board of commissioners by resolution. The fee schedule is not printed herein but is
on file in the town clerk's office.
(c) The stonnwater management plan shall not be approved unless it clearly indicates
that the proposed development will meet the perfonnance standards and the design

standards described in section 16-6, except where a variance has been granted pursuant to
section 16-1 1;
(d) Within thirty (30) days after submission of the completed stormwater
management plan, the town shall approve, with or without specified conditions or
]modifications, or reject the plan and shall notify the applicant accordingly. If the town
has not rendered a decision within thirty (30) days after plan submission, it shall inform
the applicant of the status of the review process and the anticipated completion date. If
the plan is rejected or modified, the town shall state its reasons. While it is not customary
for the town or its designated agents to actually design an acceptable project for the
applicant, it will do all it can to work with the applicant to achieve an acceptable project
plan in harmony with this chapter. Projects requiring formal planning board and town
board review shall not be subject to the 30 day requirement. Approval of stormwater
management plans for these projects shall be determined in conjunction with the planning
board's and town board's formal review process.
(f) Inspections. No stormwater management plan may be approved without adequate
provision for inspection of the property before development activity commences. The
applicant shall arrange with the town's building inspector or his designated agent for
scheduling the following inspections:
(1) Initial inspection. Prior to approval of the stormwater management plan;
(2) Bury inspection. Prior to the burial of any underground drainage structure;
(3) Erosion control inspection. As necessary to ensure effective control of erosion and
sedimentation;
(4) Finish inspection. When all work including installation of all drainage facilities
has been completed.
The town building inspector or his designated agent shall inspect the work and shall
either approve it or notify the applicant in writing in what respects there has been a
failure to comply with the requirements of the approved stormwater management plan.
Any portion of the work which does not comply shall be promptly corrected by the
applicant or the applicant will be subject to the penalty provisions of section 16- 12.
(g) Appeals. Any person aggrieved by the action of any official charged with the
enforcement of this chapter, as the result of the disapproval of a properly filed application
for a permit, issuance of a written notice of violation, or an alleged failure to properly
enforce the chapter in regard to a specific application shall have the right to appeal the
action to the town board of adjustment. The appeal must be filed in writing within twenty
(20) days of the mailing date of the official transmittal of the final decision or
determination to the applicant, and it must state clearly the grounds on which the appeal
is based, and shall be processed in the manner prescribed for hearing administrative
appeals under local and state statutes.

(Ord. of 9-14-04(l ), § 1)
Sec. 16-9. Manual of stormwater management practices.
(a) The town adopts by reference the following published manuals of stonnwater
management practices for the guidance of persons preparing stormwater management
plans, and designing or operating drainage systems:
(1) Inspector's Guidelines Manual for Stormwater Management Infiltration Practices
(December, 1985) as published by the Maryland Department of the Environment,
Water Management Administration, 2500 Broening Highway, Baltimore, MD,
21224.
(2) 2000 Maryland Stormwater Design Manual, Volumes I and II, (2000) as
published by the Maryland Department of the Environment, Water Management
Administration, 2500 Broening Highway, Baltimore, MD, 21224.
(3) NCDENR Stormwater Best Management Practices (April, 1999) as published by b G4%
the NC Department of Environment and Natural Resources, Division of Water ap o 7
Quality, Water Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699.
These manuals may be updated periodically to reflect the most current and effective
practices and shall be made available to the public at the town hall during normal
business hours.
(b) The building inspector will be the official custodian of these manuals and shall
present subsequent revisions of it to the town board and planning board for review and
approval before same shall be incorporated into the manuals.
(Ord. o f 9-14-04(l ), § 1)
Sec. 16-10. Maintenance.
(a) Drainage facilities shall be dedicated to the town where they are determined by
the board of commissioners to be appropriately a part of the town's maintained system.
(b) Any private drainage systems designed to serve subdivisions, multi -family
residential developments, and commercial structures shall have adequate recorded
easements to permit the town to inspect and, if necessary, to take corrective action should
the owner fail to properly maintain the systern. A copy of such recorded provisions shall
be provided to the town and shall be considered a condition of any approval granted
under this chapter. Before taking corrective action, the town shall give the owner written
notice of the nature of the existing defects. If the owner fails within thirty (30) days from
the date of notice to commence corrective action, and thereafter to proceed with due
diligence to make all necessary corrections, and fails to appeal the matter to the board of
adjustment, the town may take necessary corrective action. If the town takes necessary
corrective action, the cost shall became a lien on the real property until paid, or if the

property is under common ownership, such as an owners' association, the cost shall be
assessed equitably among all property owners in the subdivision, multi -family residential
development, and/or commercial structure.
(c) The owner of the property on which work has been done pursuant to this chapter
for private storm water management facilities, or any other person or agent in control of
such property, shall maintain in good condition and promptly repair and restore all grade
surfaces, drains, structures, and other protective devices. This includes regular removal of
dead trees, leaves, debris that accumulate in ponds. Such repairs or restoration and
maintenance shall be in accordance with approved plans.
(Ord. of 9-14-04(1), § 1)
Sec 16-11 Variances.
The board of adjustment may grant a written variance from any requirement of this
chapter using the following criteria:
(1) There are special circumstances applicable to the subject property of its intended
use. A written request for variance shall be provided and shall state specific
variances sought and reasons for their granting.
(2) A variance from the terms of this chapter shall not be granted by the board of
adjustment unless, and until, it shall make a finding:
a. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district;
b. That literal interpretation of the provisions would deprive the applicant of
rights commonly enjoyed by other properties in the same district under
terms of this chapter;
C. That the special conditions and circumstances do not result from the
actions of the applicant;
d. That the hardship is of a physical nature and not economic;
e. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other land, structures, or
buildings in the same district.
(3) Additionally, the granting of the variance will not:
a. Significantly increase or decrease the rate or volume of surface water
runoff;

b. Have a significant adverse impact on an interdunal trough, basins,
wetland, watercourse or water body;
C. Significantly contribute to the degradation of water quality;
d. Otherwise significantly impair attainment of the objectives of this chapter.
(4) In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards in conformity with this chapter.
(Ord. of 9-14-04(1), § 1)
Sec. 16-12. Enforcement.
(a) Public health nuisance. Any development activity that is commenced without
prior approval of a stormwater management plan or is conducted contrary to an approved
stormwater management plan as required by this chapter may be deemed a public health
nuisance and may be restrained by injunction or otherwise abated in a manner provided
by law. (G.S. 160A-175, 160A-193)
(b) Civil penalties. In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter is subject to a civil
penalty. The civil penalty shall be not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1,000.00) Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues. If the violator does not pay a
civil penalty assessed by the town within thirty (30) days after .it is due, the town may
institute a civil action to recover the amount of the penalty assessed in the superior court
of Carteret County. An assessed penalty that is not contested is due when the violator is
served with a notice of violation. An assessment that is contested is due at the conclusion
of the administrative and/or judicial review of the assessment (NCGS 160A-175).
(c) Abatement and restoration of land. Any violator may be required to restore the
land disturbed by the violator to its undisturbed condition. In such cases, the town shall
bring an action for mandatory and/or prohibitory injunction and order of abatement.
Should the violator fail to restore the land in accordance with the court's order of
abatement, the town may execute the order of abatement and levy alien upon the
property restored. (160A-175).
(d) Notice of violation.
(1) When the town building inspector determines that development activity is not
being carried out in accordance with the requirements of this chapter, he/she shall
issue a stop work order and a written notice of violation to the owner of the
property. The notice of violation shall contain:
a. The name and address of the owner or developer;

b. The street address when available or a description of the building
structure, or land upon which the violation is occurring;
C. A statement specifying the nature of the violation;
d. A description of the remedial actions necessary to bring the development
activity into compliance with this chapter and a time schedule for
completion of such remedial action;
C. A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
f. A statement that the town's determination of violation may be appealed to
the board of adjustment by filing a written notice of appeal with the town's
building inspector within fifteen (15) days of service of notice of violation.
(2) The notice of violation shall be served upon the person to whom it is directed in
any of, or any combination of, the following methods:
a. By personal service upon the violator;
b. By mailing a copy of the notice of violation by certified mail, postage
prepaid, return receipt requested to such person at his 1 her last known
address. Notice shall be deemed to be received if no return is received
within tcn (10) days of the date of such mailing.
C. By posting a notice in a visible location upon the property where a
violation is or was occurring. Notice of the violation shall be deemed to be
received by the violator immediately upon such posting.
(3) A notice of violation issued pursuant to this section constitutes a determination
from which an administrative appeal may be taken to the board of adjustment.
(4) No action, inaction, or election of remedy shall be construed as a waiver of the
town's right to enforce any part of this chapter by any and all remedies provided
herei n.
(Ord. of 9-14-04(1), § I)

Universal Stormwater Management Program
Local Ordinance Provision Checklist for Coastal Counties
Prov
Used
M.O.
USMP Model Ord
Yes
Lan
No
Rule Sect Page Ref
1
DWQ to administer coastal local USMP ordinance, in whole or in part? a
2
Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
3
Designation of Stormwater Administrator 24
41
Effective date of Stormwater Ordinance 17
5
Stormwater Permit Requirement 20
6
BMP Design Manual 15
7
Concept Plan and Consultation Meeting 23
8
Requires control of at least first one and one half inch of rainfall d 29
9.30
foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 28
110136
percent impervious density limit within 575 feet of SA waters d 29
1111
Removal of 85% Total Suspended Solids f 29
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 29
13
Post-develo ment discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f 29
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
15
Time limit/expiration of approval 25
16
As -Built Plans Requirement 25
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/approved plans h 29
18
Operation and Maintenance Plan and Deed Recordation and Indications On Plat 1 35,39
19
Annual Inspection Report Requirement i 34
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures 1 31
21
No new sw discharge points to SA waters or expansion of existing sw conveyance systems draining to SA waters 2 33
22
Diffuse flow of stormwater providing effective infiltration of 1 yr, 24 hr storm not considered a direct point of sw discharge 2 33
23
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
24
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13

1 15A NCAC 02H .1020 Universal Stormwater Management Program
2 (a) Adoption of the Universal Stormwater Management Program (USMP) shall be made at the option of a
3 local government by adopting an ordinance that complies with the requirements of this Rule and the
4 requirements of 15A NCAC 02B .0104(o. The Environmental Management Commission shall approve
5 local ordinances if it determines that the requirements of the local ordinance equal or exceed the
6 provisions of this Rule. A model ordinance for the Universal Stormwater Management Program shall be
7 available from the Division of Water Quality (DWQ). Administration and implementation of the USMP
8 shall be the responsibility of the adopting local government within its jurisdiction. Local governments
9 located within one of the 20 Coastal Counties may elect to have the Division of Water Quality administer
10 and implement the Universal Stormwater Management Program, either whole or in part, within their
11 jurisdiction following their adoption of the program. Adoption of the USMP may not satisfy water quality
12 requirements associated with the protection of threatened or endangered species or those requirements
13 associated with a Total Maximum Daily Load (TMDL). The requirements of the USMP shall supercede and
14 replace all other existing post -construction stormwater requirements within that jurisdiction, as specified
15 in Paragraph (b) of this Rule.
16 (b) With the exceptions noted in Paragraph (c) of this Rule, the requirements specified in this Rule shall
17 replace the following DWQ stormwater control requirements:
18 (1) Water Supply (WS) Watershed 11 (WS 11) (15A NCAC 02B .0214(3)(b)(i));
19 (2) WS Watershed II Critical Area (WS Ii CA) (15A NCAC 02B .0214(3)(b)(ii));
20 (3) WS Watershed III (WS III) (15A NCAC 02B .0215(3)(b)(i));
21 (4) WS Watershed III Critical Area (WS III CA) (15A NCAC 02B .0215(3)(b)(ii));
22 (5) WS Watershed IV (WS IV) (15A NCAC 02B .0216(3)(b)(i));
23 (6) WS Watershed IV Critical Area (WS IV CA) (15A NCAC 02B .0216(3)(b)(ii));
24 (7) High Quality Waters (HQW) for Freshwaters (15A NCAC 02H .1006);
25 (8) High Quality Waters (HQW) for Saltwaters (15A NCAC 02H .1006);
26 (9) Outstanding Resource Waters (ORW) for Freshwaters (15A NCAC 02H .1007);
27 (10) Outstanding Resource Waters (ORW) for Saltwaters (15A NCAC 02H .1007);
28 (11) Shellfishing (SA) (15A NCAC 02H .1005(2));
29 (12) Post -Construction Requirements of the Phase 2 Program (S.L. 2006-246);
30 (13) Coastal Counties Stormwater Requirements in 15A NCAC 02H .1005(3);
31 (14) Stormwater Controls for 401 Certifications under 15A NCAC 02H .0500;
32 (15) Catawba Buffer Rules (15A NCAC 02B .0243 and 02B .0244); and
33 (16) Urban Stormwater Management Requirements of the Randleman Lake Water
34 Supply Watershed Rules (15A NCAC 02B .0251).
35 (c) As mandated in 15A NCAC 02H .0506(b)(5) and (c)(5), the Division Director may review and require
36 amendments to proposed stormwater control plans submitted under the provisions of the 401

I Certification process in order to ensure that the proposed activity will not violate water quality standards.
2 Adoption of the Universal Stormwater Management Program does not affect the requirements specified in
3 15A NCAC 02B .0214(3)(b)(i)(I), 02B .0214(3)(b)(ii)(C) and (D), 15A NCAC 02B .0215(3)(b)(i)(I), 02B
4 .0215(3)(b)(ii)(C) and (D), and 15A NCAC 02B .0216(3)(b)(ii)(C) and (D). The Catawba Buffer Rules
5 shall be superceded in those areas where the buffers are contained within the jurisdiction of another
6 stormwater program listed in Paragraph (b) of this Rule and the requirements of that program are
7 replaced by the USMP. For the watershed that drains to Lake James, which is not contained within the
8 jurisdiction of another stormwater program, the Catawba Buffer Rules shall be superceded if the USMP is
9 implemented in the entire area within five miles of the normal pool elevation of Lake James. The
10 implementation of the USMP shall supercede the Urban Stormwater Management Requirements of the
11 Randleman Lake Water Supply Watershed in 15A NCAC 02B .0251, but USMP implementation does not
12 affect the Randleman Lake Water Supply Watershed; Protection and Maintenance of Riparian Areas
13 requirements specified in 15A NCAC 02B .0250.
14 (d) Coastal Counties Requirements. All development activities located in one of the twenty (20) Coastal
15 Counties that disturb 10,000 square feet or more of land, including projects that disturb less than 10,000
16 square feet of land that are part of a larger common plan of development or sale, shall control the runoff
17 from the first one and one half inch of rainfall to the level specified in Paragraph (f) of this Rule. In
18 addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be
19 located at least 30 feet landward of all perennial and intermittent surface waters. In addition to the other
20 requirements specified in this Paragraph, all development activities that are located within 575 feet of
21 waters designated by the Environmental Management Commission as shellfishing waters shall be limited
22 to a maximum impervious surface density of 36 percent. Redevelopment activities that meet the
23 provisions of 15A NCAC 02H .1002(14) shall not be required to comply with the requirements of this
24 Paragraph.
25 (e) Non -Coastal Counties Requirements. All residential development activity that is located in one of the
26 eighty (80) Non -Coastal Counties that disturbs one acre or more of land, including residential
27 development that disturbs less than one acre of land that is part of a larger common plan of development
28 or sale, and all non-residential development activity that is located in one of the eighty (80) Non -Coastal
29 Counties that disturbs'/z acre or more of land, including non-residential development that disturbs less
30 than 1/2 acre of land that is part of a larger common plan of development or sale, shall control the runoff
31 from the first one inch of rainfall as specified in Paragraph (0 of this Rule. Except as allowed in this
32 Paragraph, no new impervious or partially pervious surfaces, except for roads, paths, and water
33 dependent structures, shall be allowed within the one percent Annual Chance Floodplain as delineated by
34 the North Carolina Floodplain Mapping Program in the Division of Emergency Management. For perennial
35 and intermittent streams that do not have a Floodplain delineated by the Floodplain Mapping Program, all
36 development activities subject to this Rule shall be located at least 30 feet landward of all perennial and
2

I intermittent surface waters. In addition to the other requirements specified in this Paragraph, all
2 development activities that are located within the area designated by the Environmental Management
3 Commission as a Critical Area of a Water Supply Watershed shall be limited to a maximum impervious
4 surface density of 36 percent. Redevelopment of residential structures within the one percent Annual
5 Chance Floodplain that meets the provisions of 15A NCAC 02H .1002(14) is allowed. Redevelopment of
6 non-residential structures within the one percent Annual Chance Floodplain that meets the provisions of
7 15A NCAC 02H .1002(14) is allowed provided that less than acre is disturbed during the
8 redevelopment activity. Redevelopment activities outside of the one percent Annual Chance Floodplain
9 that meet the provisions of 15A NCAC 02H .1002(14) shall not be required to comply with the
10 requirements of this Paragraph.
11 (f) Structural stormwater controls required under Paragraphs (d) and (e) shall meet the following criteria:
12 (1) Remove an 85 percent average annual amount of Total Suspended Solids.
13 (2) For detention ponds draw down the treatment volume no faster than 48 hours, but no
14 slower than 120 hours.
15 (3) Discharge the storage volume at a rate equal or less than the pre -development discharge
16 rate for the 1-year, 24-hour storm.
17 (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 02H .1008(c).
18 (g) For the purposes of this Rule, a surface water shall be present if the feature is shown on either the
19 most recent complete version of the soil survey map prepared by the Natural Resources Conservation
20 Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale
21 (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).
22 Relief from this requirement shall be allowed when surface waters are not present in accordance with the
23 provisions of 15A NCAC 02B .0233 (3)(a).
24 (h) Local governments that implement the Universal Stormwater Management Program shall require
25 recorded deed restrictions and protective covenants that ensure development activities will maintain the
26 project consistent with approved plans.
27 (i) Local governments that implement the Universal Stormwater Management Program shall require an
28 operation and maintenance plan that ensures the operation of the structural stormwater control
29 measures required by the program. The operation and maintenance plan shall require the owner of each
30 structural control to submit a maintenance inspection report on each structural stormwater control
31 measure annually to the local program.
32 (j) In addition to the other measures required in this Rule, all development activities located in one of the
33 twenty (20) Coastal Counties that disturb 10,000 square feet or more of land within 1/2 mile and draining
34 to SA waters shall:
35 (1) Use stormwater control measures that result in fecal coliform die off and that control to
36 the maximum extent practicable sources of fecal coliform while incorporating the
3

1 requirements specified in Paragraph (f) of this Rule.
2 (2) Prohibit new points of stormwater discharge to SA waters or expansion (increase in the
3 volume of stormwater flow through conveyances or increase in capacity of conveyances)-
4 of existing stormwater conveyance systems that drain to SA waters. Any modification or
5 redesign of a stormwater conveyance system within the contributing drainage basin must
6 not increase the net amount or rate of stormwater discharge through existing outfalls to
7 SA waters. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or
8 other natural area capable of providing effective infiltration of the runoff from the 1-year,
9 24-hour storm shall not be considered a direct point of stormwater discharge.
10 Consideration shall be given to soil type, slope, vegetation, and existing hydrology when
11 evaluating infiltration effectiveness.
12 (k) In addition to the other measures required in this Rule, development activities draining to trout Jr)
13 waters shall use stormwater control measures that avoid an increase in the receiving water temperature,
14 while still incorporating the requirements specified in Paragraph (f).
15 (1) The Division, upon determination that a local government is failing to implement or enforce the
16 approved local stormwater program, shall notify the local government in writing of the local program
17 inadequacies. If the local government has not corrected the deficiencies within 90 days of receipt of
18 written notification from the Division, then the Division shall implement and enforce the provisions of this
19 Rule.
20 (m) Development activities conducted within a jurisdiction where the USMP has been implemented may
21 take credit for the nutrient reductions achieved by utilizing diffuse flow in the one percent Annual Chance
22 Floodplain to comply with the nutrient loading limits specified within NSW Rules where the one percent
23 Annual Chance Floodplain exceeds the 50-foot Riparian Buffers. Development activities occurring where
24 the USMP has been implemented but there is no delineated one percent Annual Chance Floodplain may
25 take credit for the nutrient reductions achieved by utilizing diffuse flow into a vegetated filter strip that
26 exceeds the 50-foot Riparian Buffer by at least 30 feet and has a slope of five degrees, or less.
27 (n) The following special provisions of the Universal Stormwater Management Program apply only to
28 federal facilities and Department of Defense (DoD) installations. Federal facilities and DoD installations
29 may adopt the Universal Stormwater Management Program within their boundaries by submitting a letter
30 to the Chairman of the Environmental Management Commission that states that the facility in question
31 has adopted controls that comply with the requirements of this Rule and with the requirements of 15A
32 NCAC 02B .0104(f). In lieu of the protective covenants and deed restrictions required in Paragraph (h) of
33 this Rule, federal facilities and DoD installations that choose to adopt the USMP within their boundaries
34 shall incorporate specific restrictions and conditions into base master plans, or other appropriate
35 instruments, to ensure that development activities regulated under this Rule will be maintained in a
36 manner consistent with the approved plans.
4

(o) Implementation of this Universal Stormwater Management Program does not affect any other rule or
2 requirement not specifically cited in this Rule.
3
4 History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a);
5 Eff. January 1, 2007
6

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
Universal Stormwater Model Ordinance for North
Carolina
By Richard Whisnant
UNC School of Government
a� U C
Ili
`:� ENVIRONMENTAL FINANCE CENTER

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
Revision history[sog]]
This model ordinance implements the stormwater standards in the Universal Stormwater Management
Program, 15A N.C.A.0 2H.1020, as passed by the )environmental Management Commission in November
2006. It follows the administration process, maintenance and enforcement requirements of the Phase II
Stormwater Model Ordinance, ]/l/2007 version.

Universal Stonnwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
Table of Contents
Universal Stormivater Model Ordinance for North Carolina .......................................... 1
SECTION]: GENERAL PROVISIONS..........................................................................
8
x-r-101
Title.....................................................................................................................8
xr-102
Authority.............................................................................................................8
xv-103
Findings..............................................................................................................9
xx-104
Purpose...............................................................................................................9
(A)
General...............................................................................................................9
(13)
Specific.............................................................................................................
10
xr-105
Applicability and Jurisdiction..........................................................................
11
(A)
General.............................................................................................................12
(13)
Exemptions......................................................................................................
12
(1)
Thresholds.....................................................................................................
12
(2)
General exemption
3)
(C)
No Development or Redevelopment Until Compliance and Permit...........
13
(D)
Map...................................................................................................................13
.rx-106
Interpretation ...................................................................................................
13
(A) Meaning and Intent......................................................................................... 13
(13) Text Controls in Event of Conflict................................................................ 14
(C) Authority for Interpretation.......................................................................... 14
(D) References to Statutes, Regulations, and Documents .................................. 14
(E) Computation of Time...................................................................................... 14
(F) Delegation of Authority.................................................................................. 14
Usage............................................................................................................... 14
(1) Mandatory and Discretionary Terms............................................................ 14
(2) Conjunctions...........................................................................14
(3) Tense, Plurals, and Gender........................................................................... 15
(H) Measurement and Computation.................................................................... 15
xx-107 Design Mein ual ................................................................................................. 15
(A) Reference to Design Manual.......................................................................... 15
(13) Relationship of Design Manual to Other Laws and Regulations ............... 15
(C) Changes to Standards and Specifications..................................................... 15
(D) jAmendments to Design Manual].................................................................. 16
xx-108 Relationship to Other Latins, Regulations and Private Agreenrents ............... 16
3
t%

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
(A) Conflict of Laws.............................................................................................. 16
(B) Private Agreements......................................................................................... 17
xx-109 Severability .......................................................................................................17
x_x-110 Effective Date and Transitional Provisions.................................................... 17
(A) Effective Date.................................................................................................. 17
(B) Final Approvals, Complete Applications...................................................... 17
(C) Violations Continue........................................................................................ 1S
SECTION 2: ADMINISTRATIONAND PROCEDURES............................................19
x_x-201 Review and Decision -Making Entities............................................................ 19
(A) Stormwater Administrator............................................................................ 19
(1) Designation................................................................................................... 19
(2) Powers and Duties......................................................................................... 19
xx-202 Review Procedures........................................................................................... 20
(A) Permit Required; Must Apply for Permit .................................................... 20
(B) Effect of Permit............................................................................................... 20
(C) Authority to File Applications....................................................................... 20
(D)
Establishment of Application Requirements, Schedule, and Fees .............
21
(1)
Application Contents and Form ......................................
(2)
Submission Schedule....................................................................................
21
(3)
Permit Review Fees......................................................................................
21
(4)
Administrative Manual.................................................................................
22
(E)
Submittal of Complete Application...............................................................
22
(F)
Review..............................................................................................................
22
(1)
Approval.......................................................................................................
22
(2)
Fails to Comply.............................................................................................
22
(3)
Revision and Subsequent Review.................................................................
23
xx-203
Applications for Approval................................................................................
23
(A)
Concept Plan and Consultation Meeting ......................................................
23
(1)
Existing Conditions 1 Proposed Site Plans ....................................................
24
(2)
Natural Resources Inventory.........................................................................
24
(3)
Stormwater Management System Concept Plan ...........................................
24
(B)
Stormwater Management Permit Application .............................................
24
(C)
As -Built Plans and Final Approval...............................................................
25
(D)
Other Permits..................................................................................................
25
xx-204
......................
Approvals....................................................................... .............25
(A)
Effect of Approval...........................................................................................
25
4

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
(B) Time Limit/Expiration.................................................................................... 25
xx-205 Appeals......................................................................................................... 26
(A) Right of Appeal............................................................................................... 26
(B) /Filing of Appeal and Procedures]................................................................. 26
(C) ]Review by Superior Courtl............................................................. ... 26
SECTION3: STANDARDS........................................................................................... 28
xr-301 General Standards............................................................................................ 28
xr-302 impervious surface requirements.................................................................... 28
(A) Setback requirement....................................................................................... 28
(B) No new impervious or partially pervious surface in floodplain ................. 28
(C) [Land draining to shellfish waters................................................................. 28
(D) [Development in Critical Area of Water Supply Watersheds .................... 29
xr-303 structural stornnvater control requirements ................................................... 29
xr-305 Standards for Stornnvater Control Measures ................................................. 29
(A) Evaluation According to Contents of Design Manual ................................. 29
(13) Determination of Adequacy; Presumptions and Alternatives ....................30
(C) Separation from Seasonal High Water Table .............................................. 30
xr-306 Dedication of BMPS, Facilities & Improvements .......................................... 30
.rx-307 VarianceS.........................................................................................................30
.rx-308 -Additional standards for special situations..................................................... 31
(A) ISA Waters ].................................................................................................... 31
(1) [Pet waste]..................................................................................................... 32
(2) No Direct Discharge or Expansion of Discharges to SA Waters .................. 33
(B) ]Trout Waters]................................................................................................ 33
SECTION 4: MAINTENANCE...................................................................................... 34
.%w-401 General Standards for Maintenance ............................................................... 34
(A) Function of BMPs As Intended...................................................................... 34
(B) Annual Maintenance Inspection and Report ............................................... 34
xv-402 Operation and Maintenance Agreenrent......................................................... 35
(A) In General........................................................................................................ 35
(B) Special Requirement for Homeowners' and Other Associations ............... 35
xx-403 Inspection Program..................................................................:....................... 37
xr-404 r Performance Security for Installation and Maintenance .............................. 37
F1

Universal Stoanwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
(A) May Be Required............................................................................................`37
(B) Amount.............................................................................................................37
(1) Installation..................................................................................................... 37
(2) Maintenance..................................................................................................37
(C) Uses of Performance Security ........................................................................ 38
(1) Forfeiture Provisions..................................................................................... 38
(2) Default...........................................................................................................38
(3) Costs in Excess of Performance Security ..................................................... 38
(4) Refund...........................................................................................................39
xx-405 Notice to owners............................................................................................... 39
(A) Deed Recordation and Indications On Plat .................................................. 39
(B) Signage.............................................................................................................39
xx-406 Records of Installation and Maintenance Activities ....................................... 39
xx-407 Nuisance..........................................................................................................39
xx-408 [Maintenance Easement...................................................................:.............. 40
SECTION 5: ENFORCEMENT AND VIOLATIONS ................................................... 41
xx-501 General.............................................................................................................41
(A) Authority to Enforce....................................................................................... 41
(B) Violation Unlawful..........................................................................................41
(C) Each Day a Separate Offense......................................................................... 41
(D) Responsible Persons/Entities.........................................................................: 41
(1) Person Maintaining Condition Resulting In or Constituting Violation........ 42
(2) Responsibility For Land or Use of Land ....................................................... 42
xx-502 Remedies and Penalties................................................................................... 42
(A) Remedies.......................................................................................................... 42
(1) Withholding of Certificate of Occupancy..................................................... 42
(2) Disapproval of Subsequent Permits and Development Approvals ............... 42
(3) Injunction, Abatements, etc.......................................................................... 42
(4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 43
(5) [Stop Work Order......................................................................................... 43
(B) Civil Penalties.................................................................................................. 43
(C) Criminal Penalties........................................................................................... 44
xx-503 Procedures........................................................................................................44
(A) Initiation/Complaint....................................................................................... 44
(B) Inspection.........................................................................................................44
(C) Notice of Violation and Order to Correct ..................................................... 44
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(D) Extension of Time........................................................................................... 45
(E) Enforcement After Time to Correct.............................................................. 45
(F) Emergency Enforcement................................................................................ 45
SECTION 6: DEFINITIONS.......................................................................................... 46
xx-601 Terms Defined.................................................................................................. 46
Built -upon area (13UA)............................................................................................... 46
Department.................................................................................................................. 46
DesignManual............................................................................................................. 46
Development................................................................................................................ 46
Division......................................................................................................................... 47
Floodplain.................................................................................................................... 47
Larger common plan of development or sale........................................................... 47
1-year, 24-hour storm................................................................................................. 47
Owner........................................................................................................................... 47
Redevelopment............................................................................................................ 47
StructuralBMP........................................................................................................... 47
Substantialprogress.................................................................................................... 48
[SECTION 7: Illicit Discharges...................................................................................... 49
.xx-701 Illicit Discharges and ConnectiOIIN................................................................. 49
(A) Illicit Discharges.............................................................................................. 49
(13) Illicit Connections........................................................................................... 50
(C) Spills................................................................................................................. 51
(D) Nuisance...........................................................................................................51
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SECTION 1: GENERAL PROVISIONS
Commentary: Throughout this model ordinance, the bold underlines serve as prompts where text that is
appropriately customized for the locality should be inserted. For example, where "name of governing
board" is indicated in the blank, the name of the local governing body — for example, "Tarheelville City
Council" or "Dogwood County Commission" — should be inserted.
Commentary from the drafters of the model ordinance are placed in boxes such as this. These comments
should be removed from the ordinance text actually adopted; they are not part of the ordinance itself.
Optional provisions are provided throughout this document and are intended to address the diverse needs of
local government depending on characteristics such as population, financial resources, and staffing
resources, Optional provisions are shown in [brackets] and generally are accompanied by some explanation
in the commentary.
If adopted in its entirety, either with or without the optional provisions, this ordinance is designed to ensure
that communities comply with Phase If post -construction requirements along with the other North Carolina
state stormwater requirements listed in the Universal Stormwater Management Program (USMP) rule, 15A
N.C.A.C. 21-1.1020(b). Local governments may make changes to or omit any of the model's provisions, but
the resulting non-standard ordinance will have to be reviewed and approved by the Division of Water
Quality of the North Carolina Department of Environment and Natural Resources before USMP
compliance is assured.
Defined terms are shown in italics. The definitions section of the ordinance is at the end.
Footnotes give information on the original source of the text language. Note that changes may have been
made in the source language to better match North Carolina's needs.
xx-101 TITLE
This ordinance shall be officially known as "The Universal Stormwater Management
Program Ordinance." It is referred to herein as "this ordinance."
xx-102 AUTHORITY
The (name of goveraing board),is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North
Carolina; (name of munici al ch rter. if relcvant ; North Carolina General Statutes 143-214.7
and rules promulgated by the Environmental Management Commission thereunder; Session
Law 2006-246; Chapter 160A, gg 174, 185 and (cite and= special legislation al2plic ble to the
specific local govcrnrnerit . [; as well as Chapter 113A, Article 4 (Sedimentation Pollution
Control)] [; Article 21, fart 6 (Floodway Regulation) [; Chapter 160A, Article 19 (Planning
and Regulation of Development); Chapter 153A, Article 18].
Regarding this section which recites authority for this ordinance: Some jurisdictions may wish to integrate
this ordinance with a local erosion and sediment control ordinance, in which case adding the reference to
Chapter 1 13A is appropriate. Some jurisdictions may wish to integrate this ordinance with existing
floodway regulations, in which case adding the reference to Chapter 143, Article 21, Part 6 is appropriate.
Note that both the erosion and sediment control and floodway regulations are appropriate for integration
with USMP stormwater controls, but each of these programs has particular requirements that are not
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Local governments that anticipate including a program of open space acquisition as part of their stormwater
program should include a reference to statutory authority for that function here as well (Article 19, fart 4,
Chapter 160A, as well as G.S. 160A-372).
Jurisdictions that are adopting this ordinance as part of a land use ordinance or unified development
ordinance should include a reference to statutory authority for planning and regulation of development
(Chapter 153A, Article 18 (Parts 1, 2, and 3), including particularly but not limited to G.S. 153A-324
(enforcement), G.S. 153A-330 and 331 (subdivision), and G.S. 153A-340 (zoning).
Whether or not this ordinance is adopted as part of land use regulations, local governments should follow
the standards for adoption/amendment of such ordinances set out in G.S. 153A-323 (for counties) and G.S.
160A-364 (for cities) (requiring a public hearing)
xx-103 FINDINGS
It is hereby deternuned that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
Thcse effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase 1I Stor[nwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stormwater controls such as those included in this ordinance.
The preceding paragraph should not be included by a jurisdiction that is adopting this ordinance without
having been designated as subject to the Phase 11 state and federal stormwater requirements.
Therefore, the (name of governing; board) establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater nmoff and discharge.
xx-104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by 6tablishing minimum requirements and
procedures to control the adverse effects of increased post -development stormwater
runoff and nonpoint and point source pollution associated with new development and
Adapted from Stormwater Center/El'A Model Ordinance.
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redevelopment [as well as illicit discharges into municipal stormwater systemsj. It has
been determined that proper management of construction -related and post -
development stormwater runoff will minimize damage to public and private property
and infrastructure; safeguard the public health, safety, and general welfare; and
protect water and aquatic resources.
Commentary: The optional reference to illicit discharges should be included only if the jurisdiction is
using this ordinance to add to or integrate its powers to regulate illicit discharges into the municipal
stormwater system. Illicit discharge control is one of the six required minimum measures of Phase 11
stormwater programs; Phase 1I communities must implement an illicit discharge program. But the timing
and approach to illicit discharge controls may vary from the timing and approach to post -construction
stormwater control, which is the required Phase II minimum measure at which this model ordinance is most
directly aimed. A separate set of model provisions for illicit discharge control is provided in optional
section 8 of this ordinance.
The other minimum measures mandated in Phase 11 stormwater programs — public education and outreach;
public participation and involvement; construction site runoff control; and pollution prevention/good
housekeeping — should also be pursued by the jurisdiction as part of its Phase 11 program.
(B) Specific
Commentary: The locality adopting the ordinance may wish to supplement the objectives included below,
depending on the nature of its stormwater program and specific local needs. This list is a general set of
objectives to reduce the impacts of post -development stormwater runoff quantity and quality from land
development activities. More specific objectives might be included by the locality adopting the ordinance
based upon a watershed management plan, impervious surface targets, the findings of a watershed
assessment or study, a local water quality problem or Total Maximum Daily Load (TMDL) requirement.
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for development that protect the
integrity of watersheds and preserve the health of water. resources;
2. Requiring that new development and redevelopment maintain the pre -development
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
1 Establishing minimum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, function, and use
of structural stormwater BAIRr that may be used to meet the minimum post --
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
grecnspace, riparian buffers and other conservation areas to the maximum
extent practicable;
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Commentary: The term "rnaximurn extent practicable" is not defined in the federal Phase If rule or the
temporary state rule. However, the commentary accompanying the federal rule clarifies that the "maximum
extent practicable" standard should be applied in a site -specific manner taking into account cost
considerations as well as protection of water quality. It appears, therefore, that a site -specific review should
be performed to ensure that vegetated conveyances in low -density projects meet this standard.
G. Establishing provisions for the long-term responsibility for and maintenance
of structural And nonstructural stoamwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval
and disapproval of stormwalermana,gement plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
[8. Coordinating site design plans that uiclude open space and natural areas with
the Game of the Qpe»,p�asc_and, natural areas protection 1)lan of the local
y r nt or the Section of its cornlirchensive I n dcalin.a withi
spac4/natural areas. if al2l)licable);12
(9. Controlling illicit discharges into the municipal separate stormwater system.]
I10. Controlling erosion and sedimentation from construction activities.]
[11. Assigning responsibility ,and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.]
Commentary: Optional provisions 8, 9, 10 and I I are appropriate only if the jurisdiction is integrating this
model ordinance with existing programs for open space protection, illicit discharge control, erosion and
sediment control for construction, and/or floodway and related drainage regulation. Any such existing
programs may be good candidates for inclusion in an integrated stormwater ordinance, which would have
the advantage of collecting most or all the relevant stormwater-related development requirements in a
single place. However, this model ordinance does not attempt to provide comprehensive substantive
provisions for these programs.
xx-105 APPLICABILITY AND JURISDICTION
Commentary: The applicability mandate in the USMP rule (15A NCAC 2H.0120) varies for counties
within versus outside the twenty -county Coastal Area Management Act jurisdiction.
, Vested rights should be determined as provided in G.S. 160A-385.1, G.S. 153A-344.1, and other
applicable provisions of statutory and common-law. To the extent that post -construction measures are
implemented by means other than a zoning ordinance, vested rights should be determined as provided by
applicable statutory and common law.
z Adapted from Metropolitan North Georgia Water Planning District Model Ordinance.
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(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
Pursuant to Subsection (B) of this Section, Exemptions.
(S) Exemptions
(1) Thresholds
[The first set of exemptions given below is for development within the twenty -county Coastal Area
Management Act jurisdiction. Units adopting this ordinance should choose either these first exemptions, if
they are within the CAMA counties, or the second exemptions, if they are outside the CAMA counties:
[Development that cumulatively disturbs less than ten thousand square feet of land and
is not part of a lamer common plan of development or male is exempt from the provisions of
this ordinance.
Redevelopment that results in no net increase in built -upon area and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this ordinance]
The second set of exemptions given below are for development outside the twenty -county Coastal
Area Management Act jurisdiction. The adopting unit should choose either the first (above) or
second (below) set of exemptions.
(Residential development that cumulatively disturbs less than one acre and is not part
of a larger common plan of development orirale, and non-residential development that
cumulatively disturbs less than one-half acre and is not part of a lamer common plan of
development or.;ale is exempt from the provisions of this ordinance.
Redevelopment outside the floodplain that results in no net increase in built -upon area and
provides equal or greater stormwater control than the previous development is
exempt From the provisions of this ordinance
Redevelopment of residential structures that results in no net increase in built -upon area
and provides equal or greater stormwater control than the previous development is
exempt from the provisions of this ordinance whether or not within the floodplain.
Redevelopment of non-residential structures that disturbs less than one-half acre, that
is not part of a la `ger common plan of development or,rale, that is within the floodplain and
that results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development is exempt from the provisions of
this ordinance.
Development and redevelopment that disturb less than a stated area threshold are not
exempt if such activities are part of a lar er common plan of development or yule that
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exceeds the area threshold, even though multiple, separate or distinct: activities take
place at different times on different schedules.3
(2) General exemption
Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopmeni shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
Commentary: The geographic coverage area is determined by reference to the standards in Session Law
(SL) 2006-246., The Division has created a geographic information system (GIS) that can be used in
conjunction with local GIS data to show jurisdictional limits. Local governments that adopt this ordinance
in whole or part should consider designing their maps so as to integrate easily with this Division GIS.
The provisions of this ordinance shall apply within the areas designated on the map
t:itacd "USMI' Stormwater Map oF�name of local l;ovemrnenQ, North Carolina"
("the Stormwater Map"), which is adopted simultaneously herewith. The
Stormwater Map and all explanatory matter contained thereon accompanies and is
hereby made a part of this ordinanee.4
The Stormwater Map shall be kept on File by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all struetnral.Bilff's permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or $MP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local Zoning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
Commentary: Each local government should consider whether to use existing rules of interpretation, if any
are in current use for other ordinances, or whether to adopt the ones provided here. If the local government
uses existing rules, they should be fully reviewed for their.potential effect on the application of this
ordinance.
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in (name of municipality's or county's code of ordinances), the meaning
3 Adapted from the North Georgia Model Ordinance.
4 Adapted from North Carolina Model Watershed Protection Ordinance.
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and application of the term in this ordinance shall control for purposes of
application of this ordinance.5
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the test shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to detcrtnine the interpretation of this
ordinance. Any person may request an interpretation by submitting a written request
to the Stormwater Administrator, who shall respond in writing within 34 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manual , or document, it shall be construed as a reference to
the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the (name of local government), the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or holiday
observed by the (mme of local v ). References to days arc calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of (name of local government) may be carried out by his or her
designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will' are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
s Provisions A through H were adapted from Town of Cary Land Development Ordinance.
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conditions, provisions and events apply. '11hc word "or" indicatcs that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular member include the plural number and the plural number includes the
singular number, unless the contest of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards in the Design Manual as the basis for
decisions about stormwater permits and about the design, implementation and
performance of strmlural and non-jlruclural sm mwaler l3MPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater. practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water duality
performance standards of the Phase 11 and other applicable stormwater laws.{
(B) Relationship of Design Manual to Other Laws and Regulations
Commentary; This provision is intended to prevent a situation where another, less stringent standard has
the force of law, and might be interpreted as overriding the design manual if the manual does not have the
force of law — for example, where a community has an enacted standard for storm sewers that are to be
accepted into the public maintenance system, and this enacted standard is less stringent than the guidelines
in the design manual.
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Oe.rign klanual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this
ordinance with regard to the application.
G From Stormwater Center/EPA Model Ordinance.
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(D) [Amendments to Design Manual]
Commentary: This optional section would be relevant if a special local design manual is in use.
[l he Design Manual may be updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local
conditions, or local monitoring or maintenance experience.?
Prior to amending or updating the Deszgn Manual, proposed changes shall be
generally publicized and made available for review, and an opportunity for comment
by interested persons shall be provided.]
xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
Commentary: This is a standard legal provision that generally provides that the stricter law or regulation
will control in the event of conflict.
From a policy rather than a legal perspective, it should be noted that ordinances and standards in many
communities may interfere with effective site design and planning for stormwater management. Some
examples may include:
• Excessive curb & gutter requirements that increase directly connected impervious areas
discharging directly into the stormwater conveyance system
• Street design standards that provide for overly generous pavement widths in low -traffic areas
• Minimum residential lot sizes and other ordinance provisions that hinder sensitive site layout designed
around riparian buffers, conservation of open space and clustered development.
• Oversized minimum parking requirements that result in large paved parking lots
• Building codes that add to the cost of rehabilitating older buildings, prevent adaptive re -use in existing
urbanized areas or promote greenfield development
• Nuisance code provisions that limit vegetation height and restrict wildlife habitat
Thus, many common development standards tend to promote the creation of impervious surface and
encourage sprawling, low -density land use patterns that actually worsen stormwater problems, especially
when viewed at the watershed scale.
Each jurisdiction will need to consider its standards and ordinances in light of their effects on stormwater
runoff. For example, curb & gutter policies may need to be reformulated to allow alternatives that let
stormwater flow across vegetative strips before it is sent to the stormwater conveyance system; planting
islands may be required to limit the impervious surface in cul-de-sacs; and smaller lot sizes with cluster
provisions can permit open space in yards to be reconfigured as preserved common open space. A number
of North Carolina cities and counties have adopted the new "Rehab Code" which provides adjusted
building code standards to promote the re -use of older buildings (information available at
www.ncrehabcode.com).
If possible, communities should undertake a comprehensive review of their policies and standards with the
involvement of planning and zoning staff, public works or engineering personnel, and the stormwater
Administrator, with the goal of reducing regulatory barriers and enabling designers to develop plans that
deal with stormwater in the most environmentally sound and cost-effective ways.
' Adapted from Metro North Georgia Water Management District and stormwater Center/EPA Model
Ordinances.
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This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this orcinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. k"iere any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control."
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall (nanI.of local lovernmeno be
obligated to enforce the provisions of any easements, covenants, or agreements
between private parties.)
xx-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
xx-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on , 200�.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted and approved by the (name of local government) prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked and
not otherwise terminated at the time of development or redevelopment shall be exempt
from complying with all provisions of this ordinance dealing with the control
and/or management of post -construction runoff, but shall be required to comply
with all other applicable provisions[, including but not limited to illicit discharge
provisionsi.
Commentary: As noted, illicit discharge provisions are optional for this ordinance, although a Phase 11
community must address illicit discharges through a legal mechanism as one of the six minimum measures
required by Phase H. If included in this ordinance, then the last phrase should be added. If the ordinance is
adapted by the local jurisdiction to incorporate additional components in addition to post -construction
s From Metro North Georgia Water Management District Model Ordinance.
9 Adapted from Town of Cary Land Development Ordinance.
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runoff control and illicit discharge, the paragraph above should be revised to reflect the applicable
provisions (as in the case of illicit discharge) regardless of when a complete application was submitted and
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and
a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.10
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, development, construction, or other
activity complies with the provisions of this ordinance."
10 SL 2006-246.
Adapted from Town of Cary Land Development Ordinance.
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SECTION 2: ADMINISTRATION AND PROCEDURES
Commentary: Jurisdictions should consider how to coordinate the stormwater review process with local
land development approval procedures. Activities that trigger stormwater review can occur earlier than
activities that trigger a zoning permit or preliminary subdivision plat, and so the stormwater permit review
should occur earlier than a building permit or a zoning pennit (sometimes called a "change -in -use
approval," "certificate of zoning compliance" or similar name). Communities that administer their own
grading permit, or that rely on a state -issued erosion and sedimentation control plan approval, should
ensure that stormwater permit review occurs prior to or in conjunction with that grading or sediment and
erosion control plan approval.
In some cases, a stormwater plan for a subdivision may require revision when the preliminary subdivision
plan is finalized. One approach to managing the process would be to require an initial stormwater approval
as a prerequisite for preliminary plat approval; then after the preliminary plat has been approved, the final
stormwater permit can be approved, provided that nothing has happened in the preliminary plat stage to
compromise the stormwater design. Alternatively, the final stormwater permit could be obtained in
advance, and the subdivision review process could require a signoff from the Stormwater Administrator
affirming that the plat is consistent with approved stormwater plans.
xx-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the (nacre of I;oyernictg
oar 1) to administer and enforce this ordinance.
Commentary: The person designated as the Stormwater Administrator will need to have the technical
background and expertise to carry out the duties outlined in the ordinance. It may be necessary for some
communities to contract out the position either to another local government or possibly to a private entity.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the (name of local rnuni4inal or count; code} and other laws, the Stormwater
Administrator shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, 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 make
recommendations to the (name of guvcrning board) on applications for
development or redevelopmew approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
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e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of (his
ordinance.
f. To provide expertise and technical assistance to the (name of governing
Uolyd and_ if a stormwater board is established. the name of that board
as well), upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
To take any other action necessary to administer the provisions of this
ordinance.
xx-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permir is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(13) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMRr
and elements of site design for stormwater management other than structural8MPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -'density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project constriction is assured by the maintenance provisions of this ordinance.
Commentary: This provision mandates a permit for stormwater management on all non-exempt sites. Both
structural BMPs and site design are covered by the permit review and approval. For example, if a site uses
primarily low -impact development rather than specific BMPs to manage and control stormwater runoff, the
design and layout are subject to review and approval under a stormwater permit, just as are the design and
layout of BMPs.
However, as the provision makes clear, the permit is for the construction period only and does not normally
endure past post -inspection approval. Ongoing maintenance of BMPs is ensured by Section 4,
Maintenance, which gives specific requirements for ongoing operation and maintenance, including a
recorded O&M agreement that is binding on subsequent owners, annual inspections, reporting, and record -
keeping requirements.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owneri' duly authorized agent.
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Commentary: The local government may choose to treat stormwater applications by persons other than the
owner/sole owner in the same way that other such applications (such as zoning requests and variances) are
treated.
(D) Establishment of Application Requirements, Schedule, and Tees
(1) Application Contents and Form.
The Stortnwater Administrator [Stortnwater Advisory I3oar.d] shall establish
requirements for the content and form of all applications and shall amend and
update those requirements from time to time. At a minimum, the stormwater.
permit application shall describe in detail how post-developmeni stormwater
runoff will be controlled and managed, the design of all stormwater facilities
and practices, and how the proposed project will meet the requirements of this
ordinance.
(2) Submission Schedule
The Stormwater Administrator [Stormwater Advisory Board] shall establish a
submission schedule for applications. 'rhe schedule shall establish deadlines by
which complete applications must be submitted for the purpose of ensuring
that there is adequate time to review applications; and that the various stages in
the review process are accommodated.
[Optional provision: Replace First sentence n11th "'l'he Stortnwater Administrator
shall establish a submission schedule for applications, which shall be reviewed
and approved by the (rs me of governing boardl fStormwater Advisory 13oardj.I
(3) Permit Review Fees
The {name of governii board) shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from tirne to time.
Commentary: Tees for State stormwater permits are limited under G.S. 143-215.313 to $420. The
jurisdiction should consider whether to use this same limit in order to be consistent with state -issued
permits. Alternatively, under the reasoning of Flomebuilder's Association v. Charlotte, 336 N.C. 37 (1994),
which upheld the inherent power of North Carolina local governments to charge fees to cover the costs of
regulatory programs, the jurisdiction could analyze the full costs of its Universal and set its fees at some
reasonable level that is expected to cover those costs.
Commentary: Fees for application review should be distinguished from fees or user charges that a
jurisdiction may want to impose as a means of paying for its ongoing stormwater program as a "public
enterprise" (also known as a "stormwater utility"). North Carolina law allows the imposition of such fees
and charges, but only with the process and limits set out at G.S. § 160A-314. The best practice for all
jurisdictions adopting this ordinance or similar Phase 11 ordinances would be to schedule and hold a public
hearing in accordance with § 160A-314, whether or not user fees will be assessed to pay for the stormwater
program. This ordinance does not attempt to set out the additional provisions that would be needed to
create a stormwater utility.
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(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrtative Manual, which shall be made available to the
Public.
Commentary: The Administrative Manual may be as simple as a three-ring binder containing in one place
the updated master versions of the ordinance, fee schedule, application requirements, submission schedule,
and so on. Copies of the information can be made available to the public as photocopied handouts or simple
brochures at the permit counter, clerk's office, or other convenient location.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. if the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
m7ithin working clays after a complete application is submirted,l the
Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this ordinance.
Commentary: The time limitation here and in subsection (3) below is optional. The adopting local
government may wish to consider allowing increased flexibility in review times for a period of time
immediately following adoption of the ordinance, as both staff and applicants adjust to the new
requirements.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
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(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator 1within working days] after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment of
an additional permit review fee. Any.re-submittal after the first re -submittal
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
Commentary: Some local governments may prefer not to allow the first re -submittal without requiring the
additional fee. The policy choice is up to the local government and may be adjusted to be consistent with
re -submittal policies for other types of permit applications.
xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Commentary: This section allows a pre -application conference and conceptual discussion between the
developer and the Stormwater Administrator, at the discretion of the Stormwater Administrator. It creates
some additional steps in the review process, thus imposing costs; and so may not be appropriate for all
applications and for all time. However, for large development projects, those with substantial impact, or for
developers, engineers or stormwater administrators who are new to the jurisdiction's processes and rules
for handling stormwater, the conference may be a useful way to focus and improve the application and the
project itself.
Smaller communities or those with fewer staff resources may feel that providing the option of concept
plans and consultation meetings would be unduly burdensome, given their present limitations. However,
the option may become useful as the community grows or adds staff— even if it is rarely utilized in the
beginning. Also, concept plan review may be kept very informal if this would help to limit costs. For this
reason the provision should be included in the adopted ordinance. Note that the suggested submittal of
materials outlined in (1), (2), and (3) below is permissive, not mandatory.
Finally, because storm water management is best addressed as early as possible in the site design and
approval process, communities withmore staff resources should consider whether an informal consultation
meeting should be mandatory or at least strongly encouraged. This would allow dialogue and information
sharing before "hardlining" of site design begins. It could result in cost savings to applicants in terms of
more efficient site design (working with a site's existing vegetation or topography, for example, as
stormwater management components).
Before a storrnwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept:
plan for the post -construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the developmew process.
The purpose of this meeting is to discuss the post -construction storrnwater
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management measures necessary- for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans, the (11ame of locality's ol2en slZace or natural area protection plan;
or section of its comprehensive plan dealing with open space/natural resources. if
a znlicabkcl, and other relevant resource protection plans should be consulted in the
discussion of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural Feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway iimits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the
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designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist:
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(D).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with
the approved stormwater management plans and designs, and shall submit actual "as
built" plans for all stormwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the (insert name of
local fficial_ department, tent_ or agency responsible forting buildingind
certificates of occupa»c�) without final as -built plans and a final inspection and
approval by the Stormwater Administrator, except where multiple units are served
by the stormwater practice or facilities, in which case the (Mme-oflocal official,
department, r c i. issues I til i li s) may elect: to withhold a
percentage of permits or certificates of occupancy until as -built plans are submitted
and final inspection and approval has occurred.
xx-204 APPROVALS
(A) Effect of Approval
Approval authorizes the apphcant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and federal
authorities.
(B) Time Limit/Expiration
Commentary: An expiration date or validity period for pennits/approvals to require that construction begin
and be completed within certain time periods should be included for a number of reasons, such as
preventing obsolete approvals from persisting indefinitely. ']'his ordinance allows for a single, one-year
extension upon written request. Where possible, the time limit should run concurrently with the erosion and
sedimentation control plan approval to avoid staggered expirations.
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An approved plan shall become null and void if the applicant fails to make subrlanlial
progmi-s on the site within one year after the date of approval. The Stotmwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the (Board'of Adjustment or
governing; board) within 30 clays.
Commentary: We recommend that appeals be routed to Board of Adjustment if the community has one,
and the procedures for Stormwater appeals dovetailed as far as possible with procedures for handling other
kinds of appeals to that board (such as appeals of zoning determinations). This recommendation is for both
policy and legal reasons: (1) it avoids the problem of creating and managing another specialized board; and
(2) Boards of Adjustment are accustomed to conducting quasi-judicial procedures, which must also be
applied to stormwater appeals.
If the community does not have a Board of Adjustment, appeals should be routed to the same board to
which other appeals from decisions of administrative staff are sent (which may be the governing board, as
long as it is acting in a quasi-judicial capacity). For those communities which do not have an existing quasi-
judicial procedure that is already being followed by a Board of Adjustment or other body, optional
subsections (B) and (C) below should be added to provide basic procedural rules.
(B) [Filing of Appeal and Procedures]
[Appeals shall be taken within the specified time period by Filing a notice of appeal
and specifying the grounds for appeal on forms provided by (name of local
government). The Stormwater Administrator shall transmit to the (name of board
that will hear app 1.,;) all documents constituting the record on which the decision
appealed from was taken.
The hearing conducted by the (dame of board that: will hear anneals) shall be
conducted in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence. ]
(C) [Review by Superior Court]
[Every decision of the (name of board that will hear gealsi shall be subject to
Superior Court review by proceedings in the nature of certiorari. Petition for review
by the Superior Court shall be filed with the Clerk of Superior Court within thirty
(30) days after the latter of the following:
(1) The decision of the (name of board that will hear a eats) is Filed; or
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(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the (_Chair or Secretary of the board that
Nvill hear appeals) at the time of its hearing of the case.]
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SECTION 3: STANDARDS
xx-301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section.
xx-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback requirement
All impervious surfaces, except for roads, paths, and water dependent structures,
shall be located at least 30 feet landward of all perennial and intermittent surface
waters.
A perennial or intermittent surface water shall be deemed present if the feature is
shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States Geologic
Sunvey (USGS). An exception to this requirement may be allowed when surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233
(3)(a) or similar site -specific determination made using Division -approved
methodology.
Commentary: The cited portion of the riparian buffer rule provides, "When a landowner or other affected
party believes that the maps have inaccurately depicted surface waters, he or she shall consult the Division
or the appropriate delegated local authority. Upon request, the Division or delegated local authority shall
make on -site determinations" regarding whether the stream depicted is subject to the rule. if the USMP
community has a riparian buffer program in place, it may be able to obtain delegation from the State to
make "stream calls." If a buffer program is not already in place, the USMP community may be able to get
training for its Stormwater Administrator to make stream determinations through the Division or the
Cooperative Extension Service.
(B) No new impervious or partially pervious surface in floodplain
For development activities outside the counties subject to the Coastal Area
Management Act of 1974, no new impervious or partially pervious surfaces, except
for roads, paths, and water dependent structures, shall be allowed within the
floodplain
The following additional impervious surface limitations should be included in ordinances for jurisdictions
in the twenty -county CAMA jurisdiction or with water supply watershed critical areas in their jurisdictions.
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(C) [Land draining to shellfish waters
All development activities that are located within 575 feet of waters designated by
the Environmental Management Commission as shellfishing waters shall be limited
to a maximum impervious surface density of 36 percent.
(D) [Development in Critical Area of Water Supply Watersheds
All development activities that are located within the area designated by the
Environmental Management Commission as a Critical Area of a Water Supply
Wgtershed shall be limited to a maximum impervious surface density of 36 percent.
xx-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS
Owners of property subject to this ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the following
standards:
(A) The measures shall control and treat runoff from the First inch of rain land,
for projects in areas subject to the Coastal Area Management Act of 1974,
the measures shall control and treat runoff from the first one and one-half
inches of rain. Runoff volume drawdown time for wet detention ponds
shall be a minimum of 48 hours, but not more than 120 hours.
(13) All structural storin water treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
removal for. Total Suspended Solids (1'SS);
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 21-1 .1008(c), as explained in the De.r�gn Manual,
(D) The measure shall discharge the storage volume at a rate equal or less than
the pre -development discharge rate for the 1-year, 24-hour storm.
(L) The approval of the stormwater permit shall require enforceable restrictions
Oil property usage that runs with the land, including recorded deed
restrictions and protective covenants, to ensure that future developmenl and
redevelopment maintains the site consistent with the approved project plans.
xx-305 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred
to as Best: Management Practices, or 13NII's) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice in the Derr,gn Manual. The Stormwater
Administrator shall determine whether proposed BN1Ps will be adequate to meet. the
requirements of this ordinance.
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(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, and constructed, and maintained
in accordance with the criteria and specifications in the Deign Manual will be
presumed to meet the minimum water quality and quantity performance standards
of this ordinance. Whenever an applicant proposes to utilize a practice or practices
not designed and constructed in accordance with the criteria and specifications in
the Design Manual, the applicant shall have the burden of demonstrating that the
pracuce(s) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for
the Stormwater Administrator to determine whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
For BN[Ps that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.12
xx-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
Commentary: If the local government accepts any BMPS into public maintenance pursuant to this section,
at the time of acceptance a binding agreement or process should be established by which the locality will
recover costs from the owner for carrying out maintenance activities on the BMPS, Before accepting BMPS
for maintenance, the jurisdiction should weigh the costs and benefits of so doing and identify a way to pay
for maintenance.
The (name of local government) may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by casement
or otherwise, for inspection and regular mairitenance.13
xx-307 VARIANCES
Commentary: This provision is adapted from the Coastal Area Management Act, N.C. Gen. Stat. § 1 13A-
120.1
(A) Any person may petition the (name of local government) for a variance granting
permission to use the person's land in a manner otherwise prohibited by this ordinance. To
qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
12 From SI_ 2006-246, § 9(k).
13 From Virginia Stormwater Management Model Ordinance.
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(4) "11c requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(13) The name-aflocal gQyernmen4 may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutoty exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) XYnien there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient.
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to khe maximum extent practicable
through the use of 13MPs.
(2) VAien there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize disturbance, provide
maximurn nutrient removal, protect against: erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect wager quality to the
maximum extent practicable through the use of 13h11's,
(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in size, configuration, or density of the proposed
activity and all alternative designs, the basic project purpose cannot be practically
accomplished in a manner which would avoid or result in less adverse impact to
surface waters.
These statutory exceptions were included in S1, 2006-246, § 11.
xx-308 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS
CommentaryThe USMP requires special, additional stormwater protection in areas that drain to certain
classes of water: shellfish waters (SA) and trout waters (TR)). Each jurisdiction adopting this model
ordinance should determine whether it is responsible for developmeni or redevelopment in one of these
areas. If so, it should adopt the following provisions, as appropriate.
(A) [SA Waters ]
[In addition to the standards for stormwater handling set out in the design manual,
developmeni and redevelopmeni in one of the twenty Coastal Area Management Act
counties that disturbs 10,000 square feet or more of land and that is located within
one-half mile of and that drains in whole or part to class SA waters shall design and
implement the best stormwater practices that ensure reduction of fecal coliform
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loading. The best practices are ones that result in the highest degree of fecal die -off
and control sources of fecal coliform to the maximum extent practicable while still
meeting the other requirements of this ordinance.
(1) [Pet waste]
Commentary: Some jurisdictions have existing pet waste ordinances, or cover pet waste in their littering
ordinance. If the j urisdiction does not have a pet waste program or an ordinance regarding pet waste, and
has development or redevelopment draining to class SA waters, the following language should be
considered for adoption..
(a) Dogs At Large Prohibited14
It shall be unlawful for the owner of any dog to allow the animal to be off the
premises of his owner and not on a leash in (name of local government).
(b) Restrictions on Pet Waste
(i) It shall be unlawful for the owner or custodian of any dog to take it
off the owner's own property limits without the means to properly remove
and dispose of the dog's feces from any public or private property.
(ii) It is the responsibility of a dog's owner or custodian to clean up the
dog's feces from any public or private property outside of the dog's owner's
own property limits. Such property includes, but is not Limited to, parks,
rights -of -way, paths, and public access areas.
(iii) "Means to properly remove and dispose of feces" shall consist of
having on or near one's person a device such as a plastic bag, or other
suitable plastic or paper container., that can be used to clean up and contain
dog waste until it can be disposed of in an appropriate container. Such a
device must be produced and shown, upon request, to anyone authorized to
enforce these ordinances.
(iv) This provision shall not apply to handicapped persons assisted by
trained guide or assistance dogs.
(v) "Public nuisance" is defined to include "a dog which deposits feces
on public property or on private property without the consent of the owner
or person in lawful possession of the private property, and the person
owning, possessing, harboring or having the care, charge, control or
custody of the dog fails to remove the feces so deposited. Provided,
however, this definition shall not apply to any dog assisting a handicapped
person.
14 Adapted from the Town of Wrightsville Beach.
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(2) No Direct Discharge or Expansion of Discharges to SA Waters
No new direct: points of stormwater discharge to SA waters or increases in the
volume of stormwater flow through conveyances or increases in capacity of
conveyances in existing stormwater conveyance systems that drain to Class SA
waters are permitted. Any modification or redesign of a stormwater conveyance
system within the contributing drainage basin must not increase the net amount or
rate of stormwater discharge through existing outfalls to Class SA waters. Diffuse
flow of stormwater at a nonerosive velocity to a vegetated buffer or other natural
area capable of providing effective infiltration of the runoff from the one-year,
24-hour storm shall not be considered a direct point of stormwater discharge.
Consideration shall be given to soil type, slope, vegetation, and existing hydrology
when evaluating infiltration effectiveness.15]
(B) [Trout Waters]
Pn addition to the standards for handling stormwater set out: in the design manual,
development and redevelopment that drains in whole or part to class TR waters shall
design arid Implement the best stormwater practices that do nor increase receiving
water temperature, while still meeting the other requirements of this ordinance.]
15 SL 2006-246, §9(h).
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SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
Commentary: The long-term effectiveness of any structural BMP relies, above all, on appropriate
maintenance. This section is intended to provide a full array of provisions to ensure that such maintenance
occurs, including identifying who will be responsible for maintenance over the long term as well as during
development, and ensuring that funds for maintenance and repair are available when appropriate.
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural
BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BAIP installed pursuant to
this ordinance shall submit to the Stormwater Administrator an inspection report
from one of the following persons performing services only in their area of
competence. a qualified registered North Carolina professional engineer, surveyor,
landscape architect, soil scientist, aquatic biologist, or person certified by the North
Carolina Cooperative I3xtension Service for stormwater treatment practice
inspection and maintenance. "Che inspection report shall contain all of the following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BIVIPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BiWs are performing properly and
are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original 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 cer6fica6on.16
16 Drawn from Wake County stormwater ordinance (based on Neuse Urban Stormwater program).
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xx-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of an), lot or building site to be served by a
slwaural Br141' pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a .rtnlclrn d 13MP pursuant to this ordinance, the
applicant or ownerof the site must execute an operation and maintenance agreement
that shall be binding on all subsequent owners of the site, portions of the site, and
lots or parcels served by the s1rudural Biv111. Until the transference of all property,
sites, or lots served by the slmclurall3MP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the r1ruaw-al BA4P, and shall state the
terms_conditions, and schedule of maintenance for the .rtnrclural Br14R In addition, it
shall grant to (t 1mc of local gQycrnment) a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the slneural BiVIA, however, in no case
shall the right of entry, of itself, confer an obligation on (na rie of local government
to assume responsibility for the j-1m7ural BM
The operation and maintenance agreement must be approved by the Stortwater
Administrator prior to plan approval, and it shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval.17 A
copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation. 18
(B) Special Requirement for Homeowners' and Other Associations
For all xtructural13MI s required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association,
or similar entity, the required operation and maintenance agreement shall include all
of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the Stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural 13M11s. I f rimaural13M s are not
performing adcquately or as intended or are not properly maintained, the
(natne of local government), in its sole discretion, may remedy the situation,
and in such instances the (n c f 1 al lov criun n shall be fully
17 Adapted from Metro North Georgia Water Management District and Stormwater Center/FPA Model
Ordinances. The requirement that owner maintain the BMP is adapted from the Town of Cary Watershed
Protection Ordinance.
IN Most of the following homeowners' association requirements are adapted from Neuse model program
provisions as adopted in Wake County.
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reimbursed from the escrow account. Escrowed funds may be spent by the
association for sediment removal, stnictural, biological or vegetative
replacement, major repair, and reconstruction of the slruclural Bd4Ps,
provided that the (Mme of local government) shall first consent to the
expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial construction
cost of the r1rudural BMPs. Two-thirds (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited within ten (10) years
following initial construction of the simettiral BMPs. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account maybe varied by the (name of local government)
depending on the design and materials of the stormwater control and
management facility.
(5) Granting to the (name of local government a right of entry to inspect,
monitor, maintain, repair, and reconstruct stmetural BMPs.
(6) Allowing the (name of local government) to recover from the association
and its members any and all costs the (name of local government) expends
to maintain or repair the strxictural Btl4Ps or to correct any operational
deficiencies. Failure to pay the (namef l oocal goycrnmeno all of its
expended costs, after forty-five days written notice, shall constitute a breach
of the agreement. In case of a deficiency, the (1 r ]oval government)
shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both.. Interest, collection costs, and
attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the (name of local
government) to maintain or repair any stnictural B114Ps, and the (n n
local government) shall not be liable to any person for the condition or
operation of structural &VlPs.
(8) A statement that this agreement shall not in any way diminish, Limit, or
restrict the right of the (name Qflocal government to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the (name of local
government) for any costs and injuries arising from or related to the
structural BNIP, unless the lame of JQcalhas agreed in
writing to assume the maintenance responsibility for the BN P and has
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accepted dedication oFany and all rights necessary to carry out that
maintenance.
xx-403 INSPECTION PROGRAM
Inspections and inspection programs by (name of local government) maybe
conducted or established on any reasonable basis, including but not limited to
routine inspections; random inspections; inspections based upon complaints or
other nonce of possible vtolauons; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in 13MPs; and evaluating the condition of
BMI's.t}
If the owner or occupant of any property refuses'to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. '15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required20
The (nam local =vernment) may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the slruclurul BMPs are
(1) installed by the pert -nit holder as required by the approved stortmvater
management plan, and/or
(2) maintained by the owner -is required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the 13MI's approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the annual
19 Adapted from Stormwater Center/EPA and Metro North Georgia Water Management District Model
Ordinances.
ZO From Virginia Model Ordinance for Stormwater Management.
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cost of inspection, operation and maintenance of the BM1's approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
Commentary: Use of this approach to maintenance security creates an incentive to choose the structural
BMPs that are expected to have the least costly maintenance. An example for calculating the amount of
maintenance performance security is as follows: suppose the expected annual cost of inspection, operation
and maintenance of the BMPs covered by the permit is $500 in current dollars. The security amount is the
present value of a perpetuity in the amount of $500, which is simply $500 divided by the real (inflation
adjusted) discount rate. The real discount rate, for these purposes, is calculated by taking a reasonable
estimate of the jurisdiction's expected return on moderately risky investments, such as the return on
corporate bonds rated Aa by Moody's, and subtracting the expected rate of inflation. So if the jurisdiction's
expected return on moderately risk investments is 7% and a reasonable estimate of long term inflation is
2%, then the maintenance security amount would be: $500/(r07-.02) _ $500/.05 = $10,000.
Some annual maintenance cost estimates for BMPs in North Carolina are available in Wassick and Hunt,
"An Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North
Carolina," N.C. Extension Service, available online as of 3/16/05 at
htip://ww%v.bae,ncsu.edu/PCOple/faculty/[iuiiUbmpcosts&,benelits.pdi- The authors find a range from $4,411
annually for wet ponds to $583 for bioretention in clay or sandy soils for BMPs controlling a 10-acre
watershed, presumably in 2003 dollars. The jurisdiction should evaluate whether it will have additional
costs for inspection time and possible operation of the BMP should the owner fail to maintain the BMP.
(C) Uses of Performance Security
(1) Forfeiture Provisions
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 or ownerin
accordance with this ordinance, approvals issued pursuant to this ordinance, or
an operation and maintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the owner to constmict, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, 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 owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the (narne o-E-locil ovcrnment shall not
return any of the unused deposited cash funds or other security, which shall be
retained for maintenance.21
(3) Costs in Excess of Performance Security
If (name of loch] -over nment) takes action upon such failure by the applicant or
owner, the (name of local government) may collect from the applicant or owner
21 From Town of Cary Watershed Protection Ordinance.
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the difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or damages
due.
(4) Refund
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount attributable
to the cost (phis 25%) of landscaping installation and ongoing maintenance
associated with the BMPs covered by the security. Any such landscaping shall
be inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
xx-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement [, consen ation easement, or
dedication and acceptance into public maintenance (whichever is applicable)]
pertaining to every x1ruclural I3iVIP shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement[, conservation casement, or dedication and acceptance into public
maintenance, whichever is applicable] shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
VVlicrc appropriate in the determination of the Stortmvater Administrator to assure
compliance with this ordinance, j'lruclural 13MPs shall be posted with a conspicuous
Sign stating who is responsible for required maintenance and annual inspection. '17he
sign shall be maintained so as to remain visible and legible.
Commentary: The intent of discretionary provision (13) is to create actual notice whenever reasonable and
useful, rather than relying solely on constructive or record notice.
xx-446 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
"I'he owner of each flruclural131141'shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater. Administrator.0
xx-407 NUISANCE
'Flie owner of each stormwater 13M1', whether struclural or non-strarelural 13A4P, shall maintain
it so as not co create or result in a nuisance condition.
22 Adapted from Metro North Georgia Water Management District Model Ordinance.
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xx-408 [MAINTENANCE EASEMENT
Every structural VIP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair by a maintenance casement. The easement shall be
recorded and its terms shall specify who may make use of the casement and for what
purposes.]
Commentary: With regard to this optional provision for a maintenance easement, it is anticipated that few
local governments will opt to maintain BMPs that serve private property. In the case of any communities
that should wish to do so, those jurisdictions should carefully consider, in consultation with their attorney
and engineer, public works director or other person familiar with drainage maintenance, whether they wish
to have easements dedicated for the purpose of maintaining BMPs. While dedication in this manner
facilitates maintenance by the jurisdiction, it also raises the risk of governmental liability for problems
caused by flooding or other drainage issues, under North Carolina case law.
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SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
Commentary: Communities should consider whether a violation of the stormwater ordinance should also
constitute a violation of the zoning or building regulations, and may wish to make amendments to those
regulations accordingly. For example, the zoning code could specify that compliance with stormwater
regulations is required for issuance of any approvals issued under the zoning code, so that any development
not complying with the stormwater regulations is also prohibited under zoning.
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of (tj1mc of local
gQzj:A?ment). %X lienever this section refers to the Stormwater Administrator., it
includes his or her designee as well as any authorized agent of (nainc of local
�ovcrnh�cnt).
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation unposed by this ordinance, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance 2-1
(C) Each Day a Separate Offense
Each day that a violation continues shall consticute a separate and distinct violation
or offense.21
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstntcts, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
stntcture, BNII', practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. Persons subject to the remedies and penalties set forth herein may include
any architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner, any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or development of the property on which the violation occurs.25
z3 From Town of Apex Unified Development Ordinance.
24 Adapted from Town of Cary Land Development Ordinance.
15 Adapted from Hall County, Georgia, Unified Development Ordinance.
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For the purposes of this article, responsible person(s) shall include but not be
limited to:=1
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
in, assists, directs, creates, causes, or maintains a
person who participates
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The oavnerof the land on which the violation occurs, any tenant or. occupant of
the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or redevelopment of
the propert},.
xx-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served by the stormwater practices in question
until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
(2) DisapprovaI of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
(Lamle of planningboard- governing board_ and/or other board(s) that review
land �ePCLo4meni reguests) may disapprove, any request for permit or development
approval or authorization provided for by this ordinance or the (zoo
ivi i r building regulations, s r ri ) for the land on which
the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administmtor, with the written authorization of the ansert ti 1
of municipal or county- manager_ or_ if there j� no munici a] manaager_ of the
26 An inclusive approach to "responsible persons" drawn from the Town of Apex UDO.
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tov=lerk or the governing board), may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies provided in the
General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. §
l 60A-193, the Stormwater Administrator, with the written authorization of the
(title of municipal or count, manager_ or_ if there is no manal•cr_ of the town
clerk or the I;overning oard), may cause the violation to be corrected and the
costs to be assessed as a lien against the property.
(5) [Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall retrain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations. j27
Commentary: A stop work order is an important tool where, as in the case of stormwater violations, the
consequences of delay in halting illegal activity can result in significant harm to the environment and
public health, safety or welfare. However, the enabling authority for use of a stop work order by local
governments is unclear. As a practical matter, if a legal challenge is brought to a local government's use of
a stop work order, it is unlikely to result in negative consequences for the local government, since the legal
remedy would likely consist of the court's invalidation of the stop work order.
If a local government chooses to include this stop work provision, it should do so in consultation with legal
counsel, and an accelerated appeal process pursuant to Section xx-205, Appeals, should be provided for
situations where a stop work order is applied, One way to accelerate the appeal process is to shorten the
timeframe for review of appeals. A special or emergency Board of Adjustment meeting could be called, so
that a party seeking to challenge a stop work order would achieve a speedy resolution of the matter.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
which (name of jurisdiction) is subject for violations of its USN171' Stormwater
pertnit, or if no USNIP Stormwater permit exists for the jurisdiction, civil penalties
may be assessed up to the full amount allowed by law.
Commentary: Based on experience with enforcement of locally delegated erosion and sediment control
programs and other code enforcement experience, it would be a good practice for a jurisdiction to agree on
27 Adapted from Metro North Georgia Water Management District Model Ordinance.
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a set of normal civil penalties to be assessed for any commonly experienced violations. This assists the
Stormwater Administrator and other officials in making reasonable and equitable penalty assessments.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible tinder North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.z"
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property aumer or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the (name of law cnforcement or code enforcement 12ersonnel),
by certified or registered mail, return receipt requested, or by any means authorized
for the service of documents by Rule 4 of the North Carolina Rules of Civil
Procedure.29
Note that if the administering unit is adopting this Stormwater ordinance under its planning and zoning
authority or is administering it as part of its building code enforcement program, it should consider whether
it needs to follow the notice and opportunity to respond procedure set out in G.S. 160A-441 et seq. See
Newton v. Winston-Salem, 92 N.C. App. 446 (1988).
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
28 From Town of Cary Land Development Ordinance.
Z' From Town of Apex Unified Development Ordinance.
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ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the
land on which the violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control
of the person requesting the extension, the Stormwater Administrator may extend
the time limit as is reasonably necessary to allow timely correction of the violation,
Lip to, but not exceeding days. The Stormwater Administrator may grant
-day extensions in addition to the foregoing extension if the violation
cannot be corrected within the permitted time due to circumstances beyond the
control of the person violating this ordinance. The Stormwater Adnvnistrator may
grant an extension only by written notice of extension.113e notice of extension shall
state the date prior to which correction must be made, after which the violator will
be subject to the penalties described in the notice of violation and correction
order.311
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance.."
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
30 From '['own of Apex Unified Development Ordinance.
3' From 'town of Apex Unified Development Ordinance.
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SECTION 6: DEFINITIONS
Commentary: Session Law 2006-246 states in "SECTION 2. Definitions" that "The following definitions
apply to this act and its implementation: (1) The definitions set out in 40 Code of Federal Regulations §
122.2 (Definitions) and § 122.26(b) (Storm Water Discharges) (1 July 2003 Edition). (2) The definitions set
out in G.S. 143-212 and G.S. 143-213. (3) The definitions set out in 15A NCAC 214 .0103 (Definitions of
Terms)."
xx-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material.32
Department
The North Carolina Department of Environment and Natural Resources.33
Design Manual
The stormwater design manual approved for use in Phase II jurisdictions by the Department
[developed by (flame of .Jurisdictions and certified by this jurisdiction [approves[ by the
Division] as at least as stringent as the stormwater design manual approved for use in Phase II
jurisdictions by the Department] for the proper implementation of the requirements of the
federal Phase II stormwater program. All references herein to the Design hlanual are to the
latest published edition or revision.34
Commentary: USMP jurisdictions may develop their own Design Manual to more carefully tailor
stormwater management practices to local condition, or to explain to developers and engineers in a
practical way how to comply with a comprehensive local watershed plan. Jurisdictions wishing to pursue
this route should consult with the Division on necessary elements of the manual and the state approval
process. Jurisdictions should also consider and explain the process they will use to give notice and provide
an opportunity to comment on the original manual and any changes in it.
Development
Any land -disturbing activity that increases the amount of built -upon area or that otherwise
decreases the infiltration of precipitation into the soil.3s
Compare the definition of "development" in the Coastal Area Management Act, Gen. Stat. § 113A-103(5a),
which only covers specified types of activities done in particular areas of environmental concern. Coastal
32 From S. B. 1210.
33 From temporary rule.
34 Adapted from North Georgia M.O.
35 From North Carolina Model Ordinance for Water Supply Watershed Protection and 15A NCAC
2B.0202(23).
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communities who are used to the CAMA definition of "development" need to note the broader definition
used here and in the Environmental Management Commission's surface water rules.
Division
The Division of Water Quality in the Department.36
Floodplain
The one percent Annual Chance Floodplain as delineated by the North Carolina Hoodplain
Mapping Program in the Division of Emergency Management.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.37
1-year, 24-14our 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 11ollrs.38
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of
management and control of the property. "Owner" shall include long-term commercial
tenants; management entities, such as those charged with or engaged in the management of
properties for profit; and every person or entity having joint ownership of Cite property. A
secured lender not in possession of the property does not constitute an owner., unless the
secured lender is included within the meaning of "owner" under another description in this
definition, such as a management entity_
Redevelopment
Any development on previously -developed land , other than a rebuilding activity that results in
no net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Structriral BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater ninoff velocity, amount, timing, or other characteristics; to
approximate the pre -development hydrology on a developed site; or to achieve any
combination of these goals. Structural BNIP includes physical practices such as constructed
wetlands, vegetative practices, Filter strips, grassed swales, and other methods installed or
created on real property. "Structtural BMP" is synonymous with "structural practice,"
"stormwater control facility," "stormwater control practice," "stormwater. treatment
,16 From S.B. 1210.
37 Definition adapted from EPA Storm Water Phase II Compliance Assistance Guide.
38 From S.B. 1210.
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practice," "stormwater management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or. installation and
approval of on -site infrastructure; or obtaining a building permit for the constriction and
approval of a building foundation. "Substantial progress" for purposes of determining
whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law. 39
39 Adapted from Town of Cary Land Development Ordinance.
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[SECTION 7: ILLICIT DISCHARGES
xx-701 ILLICIT DISCHARGES AND CONNECTIONSILI
Commentary: The federal Phase 11 rule specifies that local communities shall prohibit any discharge to a
municipal separate storm sewer unless it:
-consists of a discharge pursuant to an NPDES permit; or
-consists of a discharge from fire fighting activities; or
-consists of a discharge in any of the following categories, and the operator ofthe small MS4 has
not identified that category as a significant contributor of pollutants to its small MS4:
Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated
ground water infiltration (as defined at 40 CPR 35.2005(20)); uncontaminated pumped ground water;
discharges front potable water sources; foundation drains; air conditioning condensation; irrigation water;
springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing;
flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and street wash water.
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land
in manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than stormwater;
provided that non-stormwater discharges associated with the following activities are allowed
and provided That they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
4
4 Drawn from Raleigh and Greenville ordinances.
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(12) eater from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDLS discharge permit has
been approved and issued by the State of North Carolina, and provided that any such
discharges ro the municipal separate storm sewer system shall be authorized by (name of
_U5_ P jur action).
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in subsection (A)
above, are unlawful. Prohibited connections include, but are not limited to: floor drains,
waste water from washing machines or sanitary sewers, wash water from commercial vehicle
washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of this ordinance. However, the
one-year grace period shall not apply to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and safety
or are likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate threat
to health and safety, or is likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat, or
b. Was made in violation of any applicable regulation or ordinance, other than this
section;
the Stormwater Administrator shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take
into consideration:
1. The quantity and complexity of the work,
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2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and
private property, and
4. The cost of remedying the damage.
(C) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their release or discharge,
and persons owning the property on which the substances were released or discharged, shall
immediately notify the (title of the individual in charge of managing-ecidental ljazardous
material releases in the local Jurisdiction, such as a city Fire Chiefl of the release or discharge,
as well as making any required notifications under state and federal law. Notification shall
not relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such notification
relieve any person from other liability which may be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist within the city limits or plan inj;
iurisdiction of the �i") ( ei ,) inKrt whichever text is appLi!) are hereby found,
deemed, and declared to be dangerous or prejudiced to the public health or public safety and
are found, deemed, and declared to be public nuisances. Such public nuisances shall be
abated in accordance with the procedures set forth in section (insert cross-reference to
rijiisance abaternentsection of cod° G 1 ).]
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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Appendix: Sources consulted or from which provisions were drawn for this Model Ordinance
Model Ordinance for Post -Development Stormwater Management for New Development and
Redevelopment (Metropolitan North Georgia Water Management District)
Model Ordinance for Water Supply Watershed (NC Division of Water Quality)
Neuse River Basin Model Stormwater Program for Nitrogen Control
Tar -Pamlico Basin Nutrient -Sensitive Waters Management Strategy
Model Stormwater Ordinance (Center for Watershed Protection, Inc. ["Stormwater Center"])
Model Stormwater Ordinance (US EPA)
Unified Development Ordinance (Hall County, Georgia)
Unified Development Ordinance (Town of Apex, NC)
Land Development Ordinance (Town of Cary, NC)
Watershed Protection Ordinance (Town of Cary, NC)
Stormwater Management Model Ordinance (State of Virginia)
Town Code of Wrightsville Beach, NC
Illicit discharge provisions: Raleigh, NC; Greenville, NC; Franklin, TN
Stormwater Management Ordinance (Wake County, NC)
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f--, --r.
Chapter 16 STORMWATER ]MANAGEMENT*
Editor's note: Ord. No. 2 of Sept. 14, 2004 amended former �h.-1-6-in-its entirety_which_ _ _ - comment [ci]: edi, ctrccavc dace
pertained to similar subject matter and derived from an Ord. of March 12. 2002. a"°:di„ biy
Cross references: Buildings and building regulations, Ch. 6; health and sanitation, Ch. 9;
planning and development, Ch. 13; solid waste management, Ch. 15; streets and
sidewalks, Ch. 17; subdivisions, Ch. 18; flood damage prevention, § 19-250 et seq.
State law references: Conservation of Natural Resources, N. C. Constitution, Article XIV,
Section 5; General police power, G.S. 160A-174, Municipal regulation of land -disturbing
activity, G.S. l 13A-50 et seq., G.S. 143-214.7.
Sec. 16-1 Goals and purposes.
The preservation of water quality and protection against flooding are central
environmental goals of the 'rown of Emerald Isle. In order to meet these important goals,
the town adopts this stornwater management ordinance for the following purposes:
(1) To regulate new development, redevelopment, and other construction activities
within the jurisdiction of the town, consistent with federal, state and local
requirements, and the town's environmental goals.
(2) To provide the structure within which the authority of the town to administer and
enforce stormwater quantity and quality regulations will be exercised.
(Ord. of 9-14-04(1)
Sec. 16-2. Findings of facts.
The board of commissioners finds that development without control of drainage has a
significant adverse impact upon the health, safety and welfare of the community. More
specifically:
(1) Uncontrolled stormwater runoff can carry pollutants into receiving water bodies,
degrade water quality and result in closures of shellfishing waters;
(2) Uncontrolled stormwater runoff can increase nutrients such as phosphorus and
nitrogen, thereby accelerating eutrophication of receiving waters, adversely
affecting flora and fauna,
(3) Improperly channeling water increases the velocity of runoff, thereby increasing
erosion and sedimentation;
(4) Construction requiring the alteration of natural topography and removal of
vegetation tends to cause a loss of natural recharge areas and increase erosion;

(5) Siltation of water bodies resulting from increased erosion decreases their capacity
to hold and transport water, interferes with navigation, and harms flora and fauna;
(6) Impervious surfaces increase the volume and rate of stormwater runoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge;
(7) improperly managed stormwater runoff can increase the incidence of flooding and
the level of floods which occur, endangering property and human life,
(8) Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas, thereby disrupting biological productivity;
(9) The economy of the town, as well as the health and welfare of its citizens, is
dependent upon the preservation of pristine beaches, clean navigable waterways,
abundant fishing and shellfishing resources, and a healthy ecosystem that attracts
visitors to the town.
(10) Many future problems can be avoided or substantially mitigated if land is
developed in accordance with sound stormwater runoff management practices.
(Ord. of 9-14-04(1), § l )
Sec. 16-3. Objectives.
In order to protect, maintain, and enhance both the immediate and the long-term health,
safety and general welfare of the citizens of the town, this chapter has the following
objectives:
(1) Promote productive and enjoyable harmony between human activities and nature;
(2) Protect, restore and maintain the chemical, physical and biological integrity of the
waters of 13ogue Sound, Archer's Creek and the Atlantic Ocean;
(3) Prevent individuals and business organizations from causing harm to the
community by activities which adversely affect water resources;
(4) Encourage the construction of drainage systems which aesthetically and
functionally approximate natural systems;
(5) Encourage the protection of natural systems and the use of them in ways which do
not impair their beneficial functioning;
(6) Encourage the use of drainage systems which minimize the consumption of
electrical energy or petroleum fuels to move water, remove pollutants, or maintain
the systems;
(7) Minimize the transport of pollutants to area surface waters;

(8) Protect and maintain natural salinity levels in estuarine areas
(9) Minimize erosion and sedimentation;
(10) Prevent damage to wetlands;
(1 1) Prevent damage from flooding, while recognizing that natural fluctuations in
water levels are beneficial;
(12) Protect, restore, and maintain the habitat of fish and wildlife;
(13) Ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plans for all activities which may
have a significant adverse impact upon community waters and nearby properties.
(14) Prevent or reverse salt water intrusion.
(Ord. of 9-14-04(l ), § 1)
Sec.16-4. Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this chapter its most effective
application:
Adverse hnI)act means any modification, alteration or effect on a feature or characteristic
of community waters or wetlands, including their quality, quantity, hydrodynamics,
surface area, species composition, living resources, aesthetics or usefulness for human or
natural uses which is or may potentially be harmful or injurious to human health, welfare,
safety or property, to biological productivity, diversity, or stability or which unreasonably
interferes with the enjoyment of life or property, including outdoor recreation.
Clearing means the removal of trees and brush from the land but shall not include the
ordinary mowing of grass.
Detention means the collection and storage of surface water for subsequent gradual
discharge.
Developer means any person who engages in development either as the owner or as the
agent of an owner of property.
Development or development activity means:
(1) The construction, installation, alteration, demolition or removal of a structure,
impervious surface, or drainage facility;

(2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a
site;
(3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or significantly disturbing the soil, mud, sand or rock
of a site in any other manner.
Drainage facility means any component of the drainage system.
Drainage system means the system through which water flows from the land. It includes
all watercourses, water bodies and wetlands.
Erosion means the wearing or washing away of soil by the action of wind or water.
Existing conditions means the current conditions which exist at the site as a result of prior
development of the site, including, but not limited to, any structures, impervious surfaces,
drainage facilities, and other disturbances of the site. In cases in which no prior
development of the site has occurred, the existing conditions are the predevelopment
conditions, as defined in this section.
Flood means a temporary rise in the level of any water body, watercourse or wetland
which results in the inundation of areas not ordinarily covered by water.
hni7ervioas surface means a surface which has been compacted or covered with a layer of
material which prevents or significantly impedes the infiltration of water into the soil. It
includes semi -impervious surfaces such as gravel and compacted clay, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots and other similar
structures, alterations, or improvements.
Natural systems means systems which predominantly consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur indigenously on the
land, in the soil or in the water.
Owner means the person in whom is vested the fee ownership, dominion, or title of
property, i.e., the proprietor. This term may also include a tenant, if chargeable under his
lease or occupancy agreement for the maintenance of the property, and any designated
agent of the owner or tenant including a developer acting on an owner's behalf.
Person means any and all persons, natural or artificial and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership, association,
limited liability company, two (2) or more persons having a legally recognized joint or
common interest, or other legal entity.
Predevelopment conditions means those conditions which existed before alteration,
resulting from human activity, of the natural topography, vegetation and rate, volume or

direction of surface or ground water flow, as indicated by the best available historical
data.
Receiving bodies of water- means any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in manmade ditches, or in a closed conduit system.
Redevelopment means the acquisition, clearance, rehabilitation, or rebuilding of an area
for residential, recreational, commercial, industrial, or other purposes, including the
provision of streets, utilities, parks, recreational areas, or other open spaces.
Retention means the collection and storage of runoff without subsequent discharge to
surface waters.
Sedimew means fine particulate material, whether mineral or organic, that is in
suspension or has settled in a water body.
Sedimentation facility means any structure or area which is designed to hold runoff water
until suspended sediments have settled.
Site means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land
which are in one (1) ownership, or are contiguous and in diverse ownership where
development is to be performed as part of a unit, subdivision, or project.
Storrmvater management plan means the analysis required to meet the standards outlined
in section 16-6 for each activity described in section 16-5. The elements to be included in
a stormwater management plan are described in Section 16-7.
Structure means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in sonic
definite manner, but shall not include fences or signs.
Subdivide means to divide the ownership of a parcel of land, whether improved or
unimproved, into two (2) or more contiguous lots or parcels of land, whether by reference
to a plat, by metes and bounds or otherwise, or, if the establishment of a new street,
easement, or right-of-way is involved, any division of a parcel of land. Subdivision
includes a re -subdivision and, when appropriate to the context, relates to the process of
subdividing or to the land subdivided.
Vegetation means all plant growth, especially, but not limited to, trees, shrubs, vines.
ferns, mosses and grasses.
Waters or community of wafers means any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body or drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the
surface of the ground, as well as coastal waters.
Water body means any natural or artificial pond, lake, reservoir or other area which
ordinarily or intermittently contains water and which has a discernible shoreline.

Watercourse means any natural or artificial stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which
water flows in a definite direction, either continuously or intermittently, and which has a
definite channel, bed or banks.
Watershed means a drainage area or drainage basin contributing to the flow of water into
a receiving body of water.
Wetlands means those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.
(Ord. of 9-14-04(1), § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 16-5. Applicability.
All development and redevelopment, including, but not limited to, all single-family and
duplex residential dwellings, constructed within the town after the effective date of this
chapter must comply with the minimum stormwater control standards outlined in section
16-6.
(Ord. of 9-14-04( 1), § l )
Sec. 16-6. Storm water management standards.
(a) Petfot•maxce standards. The proposed development, development activity, or
redevelopment shall be planned, designed, constructed, and maintained to:
(1) Ensure that, after development or redevelopment, runoff leaving the development
or redevelopment site approximates the rate of flow and tinting of runoff that
would have occurred following the two-inch rainfall under existing conditions and Z �� 1'� t►J�� �,�
to the extent practicable, the predevelopment conditions, including off -site
drainage, unless runoff is discharged into an off -site drainage facility as provided
in section 16-6(c);
(2) Protect the quality of surface waters;
(3) Ensure that erosion during and after development or redevelopment is minimized;
(4) Protect the benelicial functioning of wetlands as areas for the natural storage of
surface waters and the chemical reduction and assimilation of pollutants;
(5) Prevent the potential for increased flooding and damage to structures already
located in areas known to be subject to potential flooding;

(6) Protect the natural fluctuating levels of salinity in estuarine areas;
(7) Minimize injury to flora and fauna and adverse impacts to fish and wildlife
habitat that can be directly attributed to transport of sediment or contaminants by
stormwater runoff or to recurrent flooding of natural habitats;
(S) Otherwise further the objectives of this chapter.
(b) Design standards. To ensure attainment of the objectives of this chapter and to
ensure that performance standards will be met, the design, construction and
maintenance of drainage systems shall be consistent with the following standards:
(1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead,
runoff shall be routed through swales and other systems designed to increase time
of concentration, decrease velocity, increase infiltration, allow suspended solids to
settle, and remove pollutants. Expansion of existingconveyance onveyance systems which
discharge directly to SA waters shall also be prohibited. Diffuse flow of
stormwater at a nonerosive veloci to a vegetated buffer or other natural area
capable of providing effective infiltration of the runoff from a 2-inch rainfall shall_ - - oeteted. Oe .s. � year, 24 110nr Morin
not be considered a direct of stormwater discharge. Consideration shall be
given to _soil type, slope, vegetation, and existing hydrology when evaluating
infiltration effectiveness. -
(2) The area of land disturbed by development shall be as small as practicable. Those
areas which are not to be disturbed shall be protected by an adequate barrier from
construction activity. Whenever possible, indigenous vegetation shall be retained
and protected. Where this is not possible, suitable nature species shall be planted.
(3) No grading, cutting or filling shall be commenced until erosion and sedimentation
control devices have been installed between the disturbed area and water bodies,
watercourses and wetlands. Following initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed on all perimeter dikes,
swales, ditches, perimeter slopes, all slopes greater than 3 horizontal to 1 vertical
(3: 1), and embankments of ponds. Requirements for permanent stabilization shall
not apply to those areas being used for material storage or for those areas where
constriction activities are currently being performed.
Clean sand shall be used for fill. The fines in the sand should be limited so that seepage
and migration through it will facilitate normal drainage. The fill shall be placed so as not
to cause water to be diverted to adjacent property. Pipe culverts shall be installed under
driveways to allow passage of water if consistent with good design practices. The
maximum amount of till at any location shall be limited to an average of two (2) feet
across the area filled, unless the applicant submits a professionally designed stormwater
management plan in accordance with section 16-7(c).

Incidental filling on previously developed residential lots may exceed the two (2) feet
limitation without submitting a professionally designed stormwater management plan,
provided the incidental filling does not cause water to be diverted to adjacent property.
(4) Land which has been cleared for development and upon which construction has
not commenced shall be protected from erosion by appropriate techniques
designed to revegetate the area within thirty (30) days (seeding, etc.).
(5) Sediment shall be retained on the site of the development.
(6) Wetlands and other waterbodies shall not be used as sediment traps.
(7) Erosion and sedimentation facilities shall be maintained to insure that they
continue to function properly.
(8) Artificial watercourses shall be desigrted, considering soil type, so that the
velocity of flow is low enough to prevent, or minimize to the maximum extent
practicable, erosion.
(9) Vegetated buffer strips shall be created or, where practicable, retained in their
natural state along the banks of all watercourses, water bodies or wetlands. "file
width of the buffer shall be sufficient to prevent erosion, trap the sediment in
overland runoff, provide access to the water body and allow for periodic flooding
without damage to structures._ Should the disturbed area_jnclude more than ten-_ _ - Deleted: iniTwnious
thousand (10,000) square feet, no impervious surface shall be constructed within Deleted: co,er
thi!1y(30) feet ofAay_perennial pr_intermittent surface waters, except for roads, _ Deleted: an
paths, and -water -dependent structures. Deleted:
(10) Intermittent watercourses, such as swales, will be vegetated.
Detention ponds may be used to detain increased and accelerated runoff caused by
development or redevelopment if the runoff is discharged to a water body,
watercourse or wetland. Water shall be released from detention ponds into water
bodies, watercourses or wetlands at a rate and in a manner approximating the
natural flow which would have occurred before development. Detention ponds
shall be designed in accordance with state standards meeting the 85% total
suspended solids removal rate. The drawdown rate for these ponds shall also be
designed so that the water quality volume is drained no faster than 48 hours but
no slower than 120 hours.
(12) Although the use of wetlands for storing and purifying water is encouraged, care
must be taken not to overload their capacity, thereby harming the wetlands and
transitional vegetation. Wetlands should not be damaged by the construction of
detention ponds.

(13) All development must provide appropriate infiltration to control runoff of rainfall
from all impervious surfaces on site as specified in section 16-7. The design of the
infiltration method must take into account the runoff from any Surface drainage_ - Deleted: pervious
that is directed to the infiltration site. Flow from gutters and downspouts shall be
diverted to the infiltration site, as necessary.
(14) All underground storage of runoff shall be accomplished so that there is a
minimum of two (2) feet vertical separation between the highest seasonal water
table and the bottom of the feature(s) used for storage.
(15) Runoff from parking lots shall be treated to remove oil and sediment before it
enters receiving waterbodies.
(16) Detention and retention areas shall be designed so that shorelines are sinuous
rather than straight and so that length of shoreline is maximized, thus offering
more space for the growth of littoral vegetation.
(17) With the exception of bulkheaded ponds, the banks of detention and retention
areas shall slope at a grade no steeper than 3 to 1 (horizontal run to vertical rise)
into an area of water as a safeguard against drowning, personal injury or other
accidents, to encourage the growth of vegetation and to allow the alternate
flooding and exposure of areas along the shore as water levels periodically rise
and fall.
(18) The multiple use of drainage facilities and vegetated buffer zones as open space,
recreation and conservation areas is encouraged.
(19) Lot owners or contractors shall not fill more than one thousand (1,000) sq. ft. of
any part of a pond or wetland unless that pond or wetland is expanded or a new
retention area is built as replacement. This expansion or new retention area shall
be constructed within the town limits of Emerald Isle, and be capable of holding a
volume of storm water at least equal to the one lost as a result of the fill. If this
should preclude any reasonable development of tine lot, the applicant may apply to
the board of adjustment for a variance.
(20) Stormwater shall not be discharged to the sound or onto the beach, except as
permitted or allowed by the state or federal agencies having jurisdiction,
(21) Development within the area of environmental concern (AEC) adjacent to
outstanding resource waters (ORW), as defined by the NC Division of Coastal /
,Management, shall not exceed thirty-six (36) percent impervious density limit and
shall adhere to the storm water management standards of the NC Division of
Coastal Management, or any successor agency. The standards of the NC Division
of Coastal Management shall take precedence over the standards included in this
chapter, provided, however, that the developer shall also be required to adhere to

the specific standards included in this chapter that are not in conflict with the
standards of the NC Division of Coastal Management.
(22) Because this practice reduces stormwater runoff storage capacity, the artificial
recharge of natural ponds and/or man-made detention and retention ponds with
groundwater or other water supplies is prohibited. This provision shall not apply
to groundwater recharge systems installed and in regular use prior to the effective
date of this chapter. However, the town strongly encourages compliance with this
prohibition by existing users of groundwater recharge systems.
23) Proiects which disturb 10,000 square feet or more of land and all multi-famil
residential, commercial and indus_trialnroiects that are located within one-half
mile of and that drain_ in whole or part to class SA waters shall design, and
implement -the best stormwater practices that ensure reduction of fecal coliform
loading. The best practices are ones that result in the highest degree of fecal die -
off and control sources of fecal coliform to the maximum extent practicable while
still meetin , the other requirements of this ordinance.
(24) 15A NCAC 02H .1020 UNIVERSAL STORMWATER MANAGEMENT
PROGRAM,. including future _amendments, provides the foundation for this
ordinance.
(c) Off -site drat Tage faciJ'itiCS.
(1) The town may allow stormwater runoff that is associated with subdivisions that
have an approved subdivision stormwater management plan in accordance with
section 16-7(e), or that is otherwise of unacceptable quality or which would be
discharged in volumes or at rates in excess of those otherwise allowed by this
chapter, to be discharged into drainage facilities off the site of development if
each of the following conditions are met:
a. It is not practicable to completely manage runoff on the site in a manner
that meets the performance standards and design standards of this chapter,
or if the initial subdivision stormwater management plan was designed to
accommodate the runoff from the site;
The off -site drainage facilities and channels leading to them are designed,
constructed and maintained in accordance with the requirements of this
chapter;
C. Adverse environmental impacts on the site of development will be
minimized.
(2) A request to use off -site drainage facilities and all information related to the
proposed off -site facilities should be made a part of the developer's stormwater

management plan. Guidance documents to be used when designing or operating
off -site drainage systems are listed in section 16-9 of this chapter.
(3) The use of off -site drainage facilities shall be permitted only if easements or deed
restrictions to insure continued use of the drainage facility site(s) have been
approved by the town and recorded in the office of the Carteret County register of
deeds. A copy of such recorded provisions shall be provided to the town and shall
be considered a condition of any approval granted under this chapter.
(Ord. of9-14-04(1), § 1)
Sec. 16-7. Stormwater management plan.
(a) All development and redevelopment, including, but not limited to, single-family
or duplex residential dwellings, constructed within the town after the effective date of this
chapter must submit a storm water management plan to the Stormwater Administrator
that complies with the minimum stormwater control standards outlined in section 16-6.
The burden of proving compliance with the stormwater management standards and the
cost associated with producing such proof shall be bonne by the developer.
(1) Exemptions. The following development activities are exempt from the
stormwater management plan requirement:
a. Additions or modifications to existing single family detached residential
structures, if the development does not increase impervious surface by
more than one thousand (1,000) square feet.
b. Any maintenance, alteration, use or improvement to an existing structure
not changing or affecting quality, rate, volume or location of surface water
discharge.
C. New subdivisions that involve only the preparation of plats that delineate
lot boundary lines within the subdivision, and do not involve the
construction of infrastructure to serve the subdivision.
(b) Submittal and approval. A stormwater management plan must be submitted and
approved before:
(1) A preliminary plat is approved;
(2) An existing drainage system is altered, rerouted, or deepened;
(3) A building permit is issued;
(c) Proposed single f amily and duplex residential projects with less than ten thousand - _ - Deleted:
1� 0,000)_square feet of disturbed area shall adhere to the_stormwater management plan_ _ _ • Deleted: r„cthousand (5,000)
requirements outlined below. Deleted: in,pmiaussurfncc

It is the responsibility of an applicant to provide sufficient information in the plan
so that the town or its agents may reasonably evaluate the environmental
characteristics of the affected areas, the potential and predicted impacts of the
proposed activity on area surface waters, and the effectiveness and acceptability
of those measures proposed by the applicant for reducing adverse impacts. The
applicant shall provide maps, charts, graphs, tables, photographs, narrative
descriptions and explanations, as appropriate, to demonstrate compliance with the
town's stormwater management standards.
2. The applicant shall submit the name, address and telephone number of the owner
and the developer.
The conditions of the site shall be described in general, including the following:
a. The direction of flow of stormwater runoff under existing conditions;
b. The location of areas on the site where stormwater collects or percolates
into the ground; and
C. A survey of the site, including topography. The survey shall be prepared
by a licensed surveyor showing contours every two (2) feet. It must also
show the cross section, and location of drainage ditches within the area
surveyed, and the location of wetlands, and ponds.
d. At the discretion of the town or its agent, the elevation of' the seasonal
high water table may be required.
(4) Proposed alterations of the site shall be described, including:
a. Change(s) in topography. The proposed final elevations shall be shown in
a manner that can be distinguished from the existing elevations. If there
are abrupt changes in elevations, these should be clearly identified in the
plans. These should be plotted on a scale that is easy to read and in a fornl
that conveys the nature of changes that are proposed.
The proposed area to be reserved as natural area on the property as
required by 19-334(c)(1)c. of the Town Codes.
Identification and quantification of the area(s) that will be covered with
impervious surface(s) and a description of the surfacing material(s).
e. The size and location of any buildings or other structures.
(5) Predicted impacts of the proposed development on existing conditions shall be
described in general, including:

a. Impacts on wetlands, if any;
Impacts on vegetation.
(6) All features intended to receive stormwater runoff from the proposed impervious
surfaces on site shall be described and their location identified on the survey. The
applicant is required to demonstrate that sufficient area is reserved to provide
sixteen and sixty-seven hundredths (16.67) cubic feet of storage capacity for
every one hundred (100) sq. ft. of impervious surface proposed.
(7) A description of the measures that will be put in place for the control of erosion
and sedimentation shall be provided.
(8) The applicant shall provide other information which the town or its designated
agent deems necessary for an evaluation of the development proposal for
compliance with this chapter.
(d) A professionally designed stormwater management plan, designed and sealed by a
registered design professional, shall be required for all single-family and duplex
residential projects which disturb ten thousand (10,000) square feet or more of land and
for,all multi -family residential, commercial and industrial projects, _ - Deleted: with
_ _ _ _ _ _ _
Deleted: more than
(1) Stormwater management plans must be completed by a North Carolina registered Deleted: fire thousand (5,000) square
professional with qualifications appropriate for the type of system required; these ieet or more ofitnpervious surface, ]'or
any project which disturbs 10.000 square
registered professionals are defined as: professional engineers; landscape feet or more of land, including projects
architects, to the extent that the NC General Statutes, Chapter 89A, allow; and that disturb Icss than 10.000 square Ice,
of land that are pan o! a larger plan of
registered land surveyors, to the extent that the design represents incidental de%clopntcm or sale and for
drainage within a subdivision, as provided in General Statute 89c-3(7).
(2) It is the responsibility of an applicant to include in the stormwater management
plan sufficient information for the town or its agents to evaluate the
environmental characteristics of the affected areas, the potential and predicted
impacts of the proposed activity on area surface waters, and the effectiveness and
acceptability of those measures proposed by the applicant for reducing adverse
impacts. The stormwater management plan shall contain maps, charts, graphs,
tables, photographs, narrative descriptions and explanations and citations
supporting references, as appropriate, to communicate the information required by
this section.
(3) The stormwater management plan shall contain the name, address and telephone
number of the owner and the developer.
(4) The approval of the stormwater management ment plan requires submission of
enforceable restrictions on property usage that run with the land, including deed
restrictions and protective covenants, for recordation, to ensure that future

development and redevelopment maintains the site consistent with the approved
project stormwater plans.
(S) The existing environmental and hydrologic conditions of the site and of receiving
waters and wetlands shall be described in detail, as follows:
a. The location(s) of runoff leaving the development site along with the
direction of the runoff as it exits the site.
b. The location of areas on the site where stormwater collects or percolates
into the ground shall be denoted.
C. A description of all watercourses, water bodies and wetlands on or
adjacent to the site or into which stormwater flows shall be provided.
Information regarding their water quality and the current water quality
classification, if any, given them by the state Department of Environment
and Natural Resources (DENR) shall be included.
d. The depth(s) to the seasonal high groundwater table shall be provided.
e. Location of floodplains shall be denoted on the survey plan of the site
required by paragraph 16-7(d)(4)f.
1'. A survey of the site, including topography. The survey shall be prepared
by a licensed surveyor showing; contours every two (2) feet. It must also
show the cross section, and location of drainage ditches within the area
surveyed, and the location of wetlands, and ponds. Elevation of the
seasonal high water level in the ponds and wetlands shall also be shown.
The geographic coordinates of the proposed stormwater treatment system
shall also be provided to include within the Town's GIS system.
g. Soils, as delineated and described in the Soil Conservation Service
Publications, Soil Survey of Carteret County, NC or Soil Survey of the NC
Outer Banks. The town or its agent, at their sole discretion, may also
require the developer to conduct an evaluation of the soil profile at the
development site. If such an investigation is required, it shall be conducted
by a registered soil scientist for the developer.
(6) Proposed alterations of the site shall be described in detail, including:
Changes in topography. The proposed final elevations shall be shown in a
manner that can be distinguished from the existing elevations. If there are
abrupt changes in elevations, these should be clearly identified in the
plans. These should be plotted on a scale that is easy to read and in a form
that conveys the nature of changes that are proposed.

b. The proposed area to he reserved as natural area on the property as
required by 19-334(c)(1)c. of the Town Codes.
C. Areas that will be covered with an impervious surface and a description of
the surfacing material.
d. The size and location of any buildings or other structures.
(2) Predicted impacts of the proposed development on existing conditions shall be
described in detail, including:
a. Changes in the incidence and duration of flooding on the site and
adjoining property;
b. Impacts on wetlands, if any;
c. Impacts on vegetation.
d. Certification by the owner/developer that all stormwater management
construction and maintenance will be done according to plan.
e. An as -built certification signature block to be executed after completion,
to be signed by the owner and the qualified stormwater design
professional.
(8) All components of the drainage system and any measures for the detention,
retention, or infiltration of water or for the protection of water quality shall be described
in detail, including:
a. The quantity of stormwater, based on a two-inch rainfall design, that will
be collected on the site;
b. Detention and retention areas, including plans for the discharge of
contained waters;
C. Areas of the site to be used or reserved for percolation;
d. A plan for the control of erosion and sedimentation which describes in
detail the type and location of control measures.
e. Any other information which the developer or the town or its designated
agents believes is reasonably necessary for an evaluation of the
development proposal for compliance with this chapter.
(e) New subdivisions. The stormwater management plan for new subdivisions,
regardless of proposed land use, shall be designed and sealed by a registered design

professional as described by paragraph 16-7(d)(1), and shall include calculations of, and
incorporate design features to control the total volume of storm water runoff projected
after full build -out of the subdivision,
(1) The catchment area shall be the entire development and any adjoining areas that
drain into the development site.
(2) Stormwater management plans for new subdivisions shall adhere to the
requirements outlined in section 16-7(d).
(3) The development of a subdivision stormwater management plan in accordance
with this subsection may relieve individual lot owners of the requirement to
provide the required on -site infiltration required in section 16-6(b)(13), As
individual lots within a subdivision are developed, a stormwater management plan
shall be required for each lot, in accordance with section 16-7(a). The stormwater
management plan for individual lots may refer to the original subdivision
stormwater management plan to meet the requirements of this chapter, however,
the town or its agent may require additional on -site retention if runoff from the
proposed development is not adequately controlled through the original
subdivision stormwater management plan.
A checklist will be made available by the office of the Stormwater Administrator to
facilitate the stormwater manaiement plan approval application. _ A concept elan and
consultation meeting before developing the stormwater plan will be required for proiects
disturbing ten thousand (10,000) square feet or more of land and for all multi -family
residential, commercial and industrial projects.
(Ord. of 9-14-04(i ), § 1)
Sec. 16-8. Procedures and fees.
(a) Any person planning a development, as defined in this chapter, unless exempted,
shall submit a stormwater management plan to the, Stormwater Administrator_ _ _ _ _ - - Deleted: town
(b) A permit fee will be collected at the time the stormwater management plan is
submitted and will reflect the cost of administration and management of the permitting
process. The Stormwater Administrator shall recommend a_fee schedule based_upon the_ -ged: towii
relative complexity of the project. The fee schedule will be establishedby the town board ed: establish, by resolution,
of commissioners by resolution. The fee schedule is not printed herein but is on file in the ~ ed: may he amended
town clerks office. ed: , Isom time to time,
(c) The stormwater management plan shall not be approved unless it clearly indicates
that the proposed development will meet the performance standards and the design
standards described in section 16-6, except where a variance has been granted pursuant to
section 16-11;

(d) Within thirty (30) days after submission of the completed stormwater
management plan, the Stormwater Administrator shall approve, with or without specilicd_ _ neietea:
conditions or modifications, or reject the plan and shall notify the applicant accordingly.
If the town has not rendered a decision within thirty (30) days after plan submission, it
shall inform the applicant of the status of the review process and the anticipated
completion date. If the plan is rejected or modified, the Stormwater Administrator hall_
state its reasons. While it is not customary for the town or its designated agents to
actually design an acceptable project for the applicant, it will do all it can to work with
the applicant to achieve an acceptable project plan in harmony with this chapter. Projects
requiring formal planning; board and town board review shall not be subject to the 30 day
requirement. Approval of stormwater management plans for these projects shall be
determined in conjunction with the planning board's and town board's formal review
process.
(e) Expiration. Should the development not be completed within three (3) years, the
stormwater management plan will no longer be considered approved. The applicant must
resubmit a stormwater plan for approval by the Stormwater Administrator before
construction may begin.
(f) Inspections. No stormwater management plan may be approved without adequate
provision for inspection of the property before development activity commences. The
applicant shall arrange with the town's building inspector or his designated agent for
scheduling the following inspections:
(1) initial inspection. Prior to approval of the stormwater management plan;
(2) Bury inspection. Prior to the burial of any underground drainage structure;
(3) Erosion control inspection. As necessary to ensure effective control of erosion and
sedimentation;
(4) Finish inspection. When all work including installation of all drainage facilities
has been completed.
(5) For projects disturbing.; 10,000 sq. ft; or„more of land and all multi -family
residential comtnercial and industrial projects, as -built drawings of the
stormwater treatments stem shall be provided to the Town.
The town building inspector or his designated agent shall inspect the work and shall
either approve it or notify the applicant in writing in what respects there has been a
failure to comply with the requirements of the approved stormwater management plan.
Any portion of the work which does not comply shall be promptly corrected by the
applicant or the applicant will be subject to the penalty provisions of section 16-12.
(g) Appeals. Any person aggrieved by the action of any official charged with the
enforcement of this chapter, as the result of the disapproval of a properly filed application

for a permit, issuance of a written notice of violation, or an alleged failure to properly
enforce the chapter in regard to a specific application shall have the right to appeal the
action to the town board of adjustment. The appeal must be filed in writing within twenty
(20) days of the mailing date of the official transmittal of the final decision or
determination to the applicant, and it must state clearly the grounds on which the appeal
is based, and shall be processed in the manner prescribed for hearing administrative
appeals under local and state statutes.
_(Ord. of9-14-04(1), § 1)
See. 16-9. Manual of stormwater management practices.
(a) The town adopts by reference the following published manual of stormwater
management practices for the guidance of persons preparing stormwater management
plans, and designing or operating drainage systems: ff__
... NCDENR Stormwater Best-lanagement Practices i 2007 _as published by _ _ the NC Department of Environment and Natural Resources, Division of Water
Quality, Water Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699.
'Phis manual may be updated periodically to reflect the most current and effective
practices and shall be made available to the public at the town hall during normal
business hours.
(b) The,4Stormwater Administrato[will be the official custodian of these manuals and
shall present subsequent revisions of it to the town board and planning board for review';,
and approval before same shall be incorporated into the manuals.
(Ord. of 9-14-04(1), § 1)
See.16-10. Maintenance.
(a) Drainage facilities shall be dedicated to the town where they are determined by
the board of commissioners to be appropriately a part of the town's maintained system.
(b) Any private drainage or stormwater treatment systems designed to serve projects
which disturb more than 10,000 sQ, ft, of land and all multi-familv residential.
Deleted: (1) . Inspector's Guidelines
Manual titr Sn)rmwater Management
Infiltration Practices (l)cccmhur, 1985) as
published by the Maryland Department 4f
the Eimironmcnt. Water Management
Administration, 2500 Bruning Highway,
Baltimore, MD, 21224
Ii
(2) . 20(H) ?aarylaud Slonnwater Design
Manua), Volumes I and 11, (2000) as
published by the Maryland Department of
the EEuvironmcnt, Water Management
Administration. 2500 Ilrocning Highway,
ltaltintore. MD.2I224.ii
Deleted: building
Deleted: inspector
commercial and industrial p ro'ects hall have ade uate recorded easements to permit the Deleted: subdivisions, snulti-family
town to inspect and, if necessary, to take corrective action should the owner fail to residential detclopmcros, and
conuncrcial structures
properly maintain the system. A copy of such recorded provisions shall be provided to
the town and shall be considered a condition of any approval granted under this chapter.
The Stormwater Administrator or a desi tg_iated_Stormwater Inspector shall inspect all
properties and systems annually for any deficiencies_ Drainage and stormwater treatment
,5ystems_must be performing- properly tq,remain in compliance with this ordinance_ _ - Deleted: facilities
Before taking corrective action, the town shall give the owner written notice of the nature Deleted: and
of the existing defects. If the owner fails within thirty (30) days from the date of notice to Deleted: c tcrme and conditions of the
commence corrective action, and thereafter to proceed with due diligence to make all approved maintenance agrcemuf.
necessary corrections, and fails to appeal the matter to the board of adjustment, the town

may take necessary corrective action and the,,owner shall be assessed the cost of the work_ _ _ - Deleted:.
and any incurred penalties. Should the owner fail to pay the town for full cost within
thirty (30) days of the bill date, oc cost shall become a lien on the real property until_ - Deleted: irtitetoAntakes necessary
paid, or if the property is under common ownership, such as an owners' association, the corrective
cost shall be assessed equitably among all property owners in the subdivision, multi-
family residential development, and/or commercial structure.
(c) The owner of the property on which work has been done pursuant to this chapter
for private storm water management facilities, or any other person or agent in control of
such property, shall maintain in good condition and promptly repair and restore all grade
surfaces, drains, structures, and other protective devices. "Phis includes regular removal of
dead trees, leaves, debris that accumulate in ponds. Such repairs or restoration and
maintenance shall be in accordance with approved plans.
(Ord. of 9-14-04(1), § I)
Sec 16-11 Variances.
The board of adjustment may grant a written variance from any requirement of this
chapter using the following; criteria:
(a) There are special circumstances applicable to the subject property of its intended
use. A written request for variance shall be provided and shall state specific
variances sought and reasons for their granting.
(b) A variance from the terms of this chapter shall not be granted by the board of
adjustment unless, and until, it shall make a finding:
That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district;
Q That literal interpretation of the provisions would deprive the applicant of
rights commonly enjoyed by other properties in the same district under
terms of this chapter;
(3) That the special conditions and circumstances do not result from the
actions of the applicant;
That the hardship is of a physical nature and not economic;
That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other land, structures, or
buildings in the same district.
(c) Additionally, the granting of the variance will not:

Significantly increase or decrease the rate or volume of surface water
runoff;
(2) Have a significant adverse impact on an interdunal trough, basins,
wetland, watercourse or water body;
Significantly contribute to the degradation of water quality;
Otherwise significantly impair attainment of the objectives of this chapter.
(d) In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards in conformity with this chapter.
(Ord. of 9-14-04(1), § 1)
Sec. 16-12. Authority and Enforcement.
The Town of Emerald Isle is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of
North Carolina; (name of municipal charter, if relevant), North Carolina General Statutes
143-214.7 and rules promulgated by the Environmental Management Commission
thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185.
A Sto_rmwater Administrator shall be designated by the Town Manager or4ho4eafd--of
to administer and enforce this ordinance. In addition to the powers and /
duties that may be conferred by other provisions -of Chapter 16 of this Ordinance and
other laws, the Stormwater Administrator shall have the followinp, powers and duties
under this ordinance:
(a) To review and approve approve with conditions or disapprove applications_ for
approval of plans pursuant to this ordinance.
(b) 'ro 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 make recommendations to the (name of
governingboard) oard)o applications for development or redevelopment approvals.
(d) To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
(e) To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this ordinance.
(f) To provide expertise and technical assistance to the (name of governing board and, if
a stormwater board is established, the name of that board as well), upon request.

(g) To desioate appropriate other person(s) who shall carry out the powers and duties of
the Stormwater Administrator,
(h) To take any other action necessary to administer the provisions of this ordinance.
Enforcement of this Ordinance may be enacted due to the following:
(a) Public health nuisance. Any development activity that is commenced without
prior approval of a stormwater management plan or is conducted contrary to an approved
stormwater management plan as required by this chapter may be deemed a public health
nuisance and may be restrained by injunction or otherwise abated in a manner provided
bylaw. (G.S. 160A-175, 160A-193)
(b) Civil 1,enahies. In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter is subject to a civil
penalty. The civil penalty shall be not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1,000,00) Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues. If the violator does not pay a
civil penalty assessed by the town within thirty (30) days after it is due, the town may
institute a civil action to recover the amount of the penalty assessed in the superior court
of Carteret County. An assessed penalty that is not contested is due when the violator is
served with a notice of violation. An assessment that is contested is due at the conclusion
of the administrative and/or judicial review of the assessment (NCGS 160A-175).
(c) Abatement and restoration of laud. Any violator may be required to restore the
land disturbed by the violator to its undisturbed condition. In such cases, the town shall
bring an action for mandatory and/or prohibitory injunction and order of abatement.
Should the violator fail to restore the land in accordance with the court's order of
abatement, the town may execute the order of abatement and levy a lien upon the
property restored. (160A-175 ).
(d) Notice of violation.
(1) When the town building inspector determines that development activity is not
being carried out in accordance with the requirements of this chapter, he/she shall
issue a stop work order and a written notice of violation to the owner of the
property. The notice of violation shall contain:
a. The name and address of the owner or developer;
b. The street address when available or a description of the building
structure, or land upon which the violation is occurring;
C. A statement specifying the nature of the violation;

d. A description of the remedial actions necessary to bring the development
activity into compliance with this chapter and a time schedule for
completion of such remedial action;
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
A statement that the town's determination of violation may be appealed to
the board of adjustment by filing a written notice of appeal with the town's
building inspector within fifteen (15) days of service of notice of violation.
(2) The notice of violation shall be served upon the person to whom it is directed in
any of, or any combination of, the following methods:
a. By personal service upon the violator;
By mailing a copy of the notice of violation by certified mail, postage
prepaid, return receipt requested to such person at his 1 her last known
address. Notice shall be deemed to be received if no return is received
within ten (10) days of the date of such mailing.
C. By posting a notice in a visible location upon the property where a
violation is or was occurring. Notice of the violation shall be deemed to be
received by the violator immediately upon such posting.
(3) A notice of violation issued pursuant to this section constitutes a determination
from which an administrative appeal may be taken to the board of adjustment.
(4) No action, inaction, or election of remedy shall be construed as a waiver of the
town's right to enforce any part of this chapter by any and all remedies provided
herein.
(Ord. of 9-14-04(1), § 1)

t Crystal Coast Engineering, PA
J Civil and Environmental Engineers
3817-3 Freedom Way!
i Hubert, N.C. 28539
Tel: [phone] ; Fax. [phone]
Email: [e-mail]
November 13, 2008
SENT VIA EMAIL to bill.dhi uid a,ncma'l.nct
Mr. William 1-1. Diuguid, AICP
Community Planner, Wetlands and Storm Water Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699/1617
Re: USMP Implementation
Dear Mr. Diuguid:
As you may recall, we spoke soon after the Emerald Isle USMP ordinance was approved by
DWQ. At the time, we discussed how 1 may best assist Emerald Isle with program
implementation. At your suggestion, I contacted the Wilmington Regional Office (WRO) and
learned that Ms. Linda Lewis will most likely be overseeing the Emerald Isle program.
I am now seeking to clarify specific issues within the ordinance and to confirm that the
DWQ authorities who reviewed and approved the Emerald Isle USMP ordinance are in
agreement with the DWQ (WRO) personnel who will be auditing the program.
The issues in question involve the prohibition of discharges to SA (and SB) waters. The
confusion specifically regards the "effective" infiltration of the 1 year 24 hour storm and
evaluation of the receiving flier or natural area. The ordinance was drafted with the
intent to require a "qualitative" analysis of the likelihood that discharges resulting from
the 1 year 24 hour storm would be infiltrated, whether onsite or off, prior to reaching
surface waters. DWQ approved the ordinance, following several efforts, by or on behalf
of Emerald Isle, to seek clarification on this and with the "qualitative analysis" language
included.
4

However, in response to questions from me, a recent email from Ms. Linda Lewis
suggests a more detailed analysis and perhaps onsite infiltration are necessary. Ms. Lewis
has been very receptive, just as you, to assisting with implementation of the USMP. This
is very much appreciated.
Please understand that this discharge issue is and has been absolutely critical to the
program benefits perceived for Emerald Isle, Throughout the draft and review process,
the town repeatedly pointed the issue out and requested clarification. I hope the following
excerpts from emails will clarify the town's understanding of this issue. Please note my
comments inserted in blue.
April 10, 2008
From: Frank Rush, Town Manager - Town of Emerald Isle
To: Tom Reeder
The only outstanding issue that we are dealing with has to do with the treatment volume.
Based on your previous presentations and our previous conv�X�tions, my understanding
is that USMP requires the treatmcnt and storage of the firWI.5 inches of rainfall and the
discharge of the storage volume at a rate equal or less than the prc-development discharge
for the 1-year, 24-hour storm event. Based on Johnny Martin's (Moffatt & Nichol)
analysis of five representative sites in Emerald Isle, the Town's 2" storage requirement
enables the Town to meet both of these requirements. As you know, we've discussed this
in the past and this fact makes it very appealing for Emerald Isle to participate in USMP.
It has now come to my attention that there is additional language in the USMP regulation
(subsection "j" of 15 NCAC 021-1.1020). that says that for all development activities
located within the 20 coastal counties that disturb more than 10,000 sq. ft. within % mile
of and draining to SA waters shall also meet the following requirement:
"(2) Prohibit new points of stormwater discharge to SA waters or expansion
(increase in the volume of stormwater flow through conveyances or increase in
capacity of conveyances) of existing stormwater conveyance systems that drain to
SA waters. Any modification or redesign of a stormwater conveyance system
within the contributing drainage basin must not increase the net amount of
stormwater discharge through existing outfalls to SA waters. Diffuse flow of
stormwater at a non -erosive velocity to a vegetated buffer or other natural area
capable of providing effective infiltration of the runoff from the I -year, 24-hour
storm shall not be considered a direct point of stormwater discharge.
Consideration shall bc' given to soil type, slope, vegetation, and existing
hydrology when evaluating infiltration effectiveness."
As you know, the above language is one of two additional items required in coastal
counties — the other being fecal coliform controls.
2

The key question that El needs to have answered is exactly what does #2 above mean?
The main emphasis appears to be on the fact that you can't have new discharges or
expand existing discharges to SA waters, which we don't have a problem with. The
confusing language has to do with the diffuse flow and the statement about infiltrating the
I -year, 24-hour storm. Does that mean that if someone in Emerald Isle infiltrates the first
2 inches of rainfall (our requirement) and discharges the 1-year, 24-hour storm at less
than'prc-development rate that they would then also have to infiltrate the additional 1.8
inches (assuming a 3.8 inch 1-year, 24-hour storm) on site, which essentially means that
USMP has to infiltrate the 1-year, 24-hour storm? This doesn't seem correct given our
previous discussions, and given the fact that the "diffuse flow" language in #2 above
seems to be to only clarify that diffuse flow off of a site doesn't count as a direct point of
discharge.
In practice, would our Town storm water engineer who administers our ordinance be
required to make sure the applicant for a storm water permit infiltrates the 1-year, 24-
.:: hour storm entirely on site and have the applicant justify with calculations, allocation of
land area on -site, etc. OR would the Town's storm water engineer make a more
qualitative analysis of the drainage patterns in the area to determine that any discharge
from the site beyond the Town's 2 inch requirement (with calculations, etc.) would not
result in a direct point of stormwater discharge if he could make a reasonable
determination that it's likely to infiltrate prior to being discharged to SA waters? It
would seem to me that the language would require the latter (a more qualitative analysis
and not necessarily on the applicant's site), but I'd like to get your interpretation on this.
i
April 17, 2008
From: Frank Rush, Town Manager - Town of Emerald Isle
To: Bill Diuguid
My understanding is that we've received a verbal response that our understanding is
correct, but I'd like to get something in writing from DWQ on this issue.
T
April 17, 2008
From: Tom Reeder
To: Frank Rush, Town Manager - Town of Emerald Isle
My understanding is that Bill discussed this with Johnny Martin by phone and
straightened this all out. If you need us to capture Bill's conversation with Johnny in
+, writing, we can probably do that. Sorry again. The bottom line is, I believe, is that we
agreed with your and Johnny's interpretation of this provision.
April 18, 2008
From: Bill Diuguid
To: Frank Rush, Town Manager - Town of Emerald Isle

Tom has started his new job. He forwarded your message to Bradley and I on Tuesday.
He was out sick with the flu on Monday. I was out sick with the flu all weekend and
Mon, Tues and Wed. I did talk to Bradley about your message yesterday Thursday,
Bradley said for me and Robert Patterson, PE to send you a written response. I want to
talk directly with Johnny Martin one more time to make sure that he is happy with the
explanation of the USMP provision under question.
i
I am sorry for the confusion on this one, but Tom had decided to interpret that provision
in a particular way and had not shared that with Stormwater.
I will try and get you a written response on this by Monday.
May 15, 2008
From: Frank Rush, Town Manager - Town of Emerald Isle
To: Bill Diuguid
Please find attached the Town's formal request for approval of our storm water ordinance
as USMP-compliant.
I look forward to receiving your response soon.
Below, please find the related section of the cover letter accompanying
(attached to) the USM P ordinance submittals.
As noted earlier, we are confident that the attached document incorporates the comments
previously received from DWQ staff and that it is compliant with USMP. As discussed
4; verbally and via email with D,WQ staff previously, the Town is specifically seeking
?�tt. confirmation about two interpretations, specifically that;
n
ii'S
1) The Town's existing storm water volume requirements meet the USMP
requirement for the treatment and storage of the first 1.5 inches orrainfall
and the discharge of the storage volume at a rate equal to or less than the pre -
development discharge for the 1-year, 24-hour storm event. As discussed
previously, analyses completed by our consulting engineers have determined
that the Town's 2-inch storage requirement enables the Town to meet both of
these USMP requirements. The relevant analyses are attached, and are the
same analyses previously provided to DWQ staff.
2) The USMP requirement that diffuse flow from the 1-year, 24-hour storm event
be infiltrated so that it is not discharged to SA waters does not necessarily
have to occur on -site, provided, however, that the storage volume
requirements and post -development discharge rate are compliant with USMP.
It is our understanding (based on previous discussion and entail exchanges
with DWQ staff? that the Town should make a qualitative analysis of the soil
4

type, slope, vegetation, and existing hydrology in the surrounding area when
evaluating infiltration effectivenes to determine that the runOfffrom the I-
' year, 24-hour ,rtorin will not ultimately discharge to SA waters.
' t As you know, the Town has received verbal and email confirmation from DWQ staff that
the two interpretations above!are correct, but we'd like formal acknowledgement of this
from DWQ. Please note that Section 16-6 (b) (21) of the Town's amended storm water
ordinance includes language to confirm the second item above.
Other comments and revisions to the ordinance were subsequently made but,
nothing additional was forthcoming from DWQ regarding the discharge issues
noted above.
In response to my inquiries regarding program implementation, the following
guidance was provided:
October 27, 2008
From: Linda Lewis
To: John Freshwater
The ordinance indicates that diffuse flow at a non -erosive velocity to a vegetated buffer
or natural area, capable of providing effective infiltration of the runoff from the 1 year 24
hour storm, will not be considered a direct discharge. This buffer or natural area is to be
provided after the BMP. You need to calculate the volume of the 1 year 24 hour storm,
and demonstrate that the vegetated buffer or natural area that receives the runoff can
infiltrate that storm volume without creating a discharge. You should NOT make
assumptions about the infiltrative capacity of the buffer or natural area. Simply designing
a level spreader and filter strip to the design specs in the BMP does not guarantee that it
will meet the non -discharge requirement of the ordinance. The consultant will need to
demonstrate it will work, and present soils information to support his/her claim that the
area will provide effective infiltration for the 1 year 24 hour storm.
End email excerpts
Perhaps, to meet the ordinance standard, first a routing of the 1 year 24 hour storm
through each BMP is necessary to determine if there will be discharge to the buffer or
filter as a result of the storm. If such discharge is anticipated, the question is whether a
"quantitative" onsite or "qualitative" broader analysis is required?
It appears that this may be site dependent. As Ms. Lewis and I have corresponded
regarding the Island Harbor project at Emerald Isle, it seems a good example for
. discussion. For those unfamiliar with the project, it proposes three infiltration basins
which discharge excess volume via level spreaders to filter strips and thereafter to SA
waters (Bogue Sound). If discI barge is anticipated as a result of the 1 year 24 hour storm,
R

a specific analysis including soils analysis, et cetera, of the ability of the buffer to
infiltrate the discharge may be necessary.
i
However, when applying the 'standard to a project some distance from and draining to SA
or SB surface waters, the town, with concurrence from DWQ (as indicated in the email
excerpts above), understood that a more "qualitative" review considering the offsite flow
route was all that needs to be done.
Given the proximity of Emerald Isle to SA and SB surface waters, if the rules, in the
majority, if not all instances within the town, require onsite infiltration of the 1-year, 24
hour storm, then this should have been made clear. If this is the case, the runoff volumes
from a l .5" or 2" rainfall appear to only be thresholds which define how the early storm
and following runoff volumes are allowably infiltrated. Formal or written interpretation
of the matter was requested many times during the review process but, was not received.
If the email affirmations arc presently deemed incorrect, the controlling language
unfortunately appears buried in the SA (and per the town ordinance-SB) discharge
prohibition paragraph.
I respectfully request clarification as to how I am to implement the Emerald Isle USMP
with regards to the discharge issues. Please bear in mind that a key consideration for the
town when committing to participation in the program was an understanding of the
discharge requirements apparent in the email communications.
• I���� iSh�r
;+ Sincerely,°
S:A€..
John R. Freshwater P.C.
Crystal Coast Engineering, PA
Copy: Frank Rush, Town Manager
Kevin Reed, AICP, CZO, CFM, Director of Planning and Inspections
Johnny Martin, Moffatt & Nichol Engineers
Linda Lewis, DWQ Environmental Specialist
6

Town of Emeraffisfe
Mayor
Arthur 13. SChools, Jr.
Mayor Pro-Tem
Floyd Messer, Jr.
Board of Commissioners
Nita Fledreen
Tom Hoover, Jr.
John Wootten
Maripat Wright
July 1, 2008
Visit our web site at www emeraldisle-nc.orq !
SENT VIA EMAIL to biii,diuquid(a,ncmail.net
Mr. William H. Diuguid, AICP
Community Planner, Wetlands and Storm Water Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Participation in Universal Storm Water Management Program
Dear Mr. Diuguid:
Town Manager
Drank A. Riish, Jr.
1'rushlci)eilieral�iisle-nc.or<,�
Mailing Address
Torun of'l mcrald Isle
7500 Emerald Drive
17merold Isle, NC 28594
Voice 252-354-3424
Fax [phone]
Please find attached a final draft of proposed amendments to the Town of Emerald Isle's storm water
ordinance that are intended to achieve compliance with the Universal Storm Water Management Program
(USMP) administered by the NC Division of Water Quality (DWQ). As discussed, the Town is seeking
formal approval of this amended ordinance to enable the Town to begin implementing USMP in Emerald
Isle in the near future.
As you know, the Town of Emerald Isle has implemented a comprehensive storm water management
program for several years, including the enforcement of perhaps the most stringent local storm water
ordinance in coastal North Carolina over the past 7 years. In some areas, the Town's existing storm water
ordinance is already more stringent than USMP, and the proposed amendments are intended to address
the areas that DWQ staff have previously determined do not meet USMP requirements. Based on input
received from DWQ staff during several meetings, phone consultations, and email exchanges, we are
confident that the attached amendments address the concerns expressed by DWQ staff, and that the
Town's amended ordinance is compliant with USMP. This final draft incorporates all comments and
suggestions made by DWQ in your email dated May 19, 2008 and confirmed in our telephone conversation
on June 30, 2008.
The existing ordinance language is shown in normal font in the attached document. Proposed
amendments are indicated with the strike -through and underline feature. Upon approval of the proposed
amendments by DWQ, the Board of Commissioners will formally consider adoption of the amended storm
water ordinance. This adoption is expected sometime this summer. The Town is currently in the process
of developing a new Unified Development Ordinance (UDO), with adoption of the UDO expected on August
12, 2008. The attached document is presented in the Town's old ordinance format, however, the exact
language has been inserted into the draft UDO. Due to formatting issues and the sheer length of the draft

UDO, we have chosen to send the proposed amendments under the old ordinance format, You will note,
however, that there are references throughout the attached document that indicate the location of particular
sections in the draft UDO. A copy of the draft UDO is available for viewing at httpa/www.emeraldisle-
nc-org/DraftUDO-Mav2OO8.htm if you need to review that document.
As noted earlier, we are confident that the attached document incorporates the comments previously
received from DWQ staff and that it is compliant with USMP. As discussed verbally and via email with
DWQ staff previously, the Town is specifically seeking confirmation about two interpretations, specifically
that:
1) The Town's existing storm water volume requirements meet the USMP requirement for the
treatment and storage of the first 1.5 inches of rainfall and the discharge of the storage volume
at a rate equal to or less than the pre -development discharge for the 1-year, 24-hour storm
event. As discussed previously, analyses completed by our consulting engineers have
determined that the Town's 2-inch storage requirement enables the Town to meet both of
these USMP requirements. The relevant analyses are attached, and are the same analyses
previously provided to DWQ staff.
2) The USMP requirement that diffuse flow from the 1-year, 24-hour storm event be infiltrated so
that it is not discharged to SA waters does not necessarily have to occur on -site, provided,
however, that the storage volume requirements and post -development discharge rate are
compliant with USMP. It is our understanding (based on previous discussion and email
exchanges with DWQ staff) that the Town should make a qualitative analysis of the soil type,
slope, vegetation, and existing hydrology in the surrounding area when evaluating infiltration
effectiveness to determine that the runoff from the 1-year, 24-hour storm will not ultimately
discharge to SA waters.
As you know, the Town has received verbal and email confirmation from DWQ staff that the two
interpretations above are correct, but we'd like formal acknowledgement of this from DWQ. Please note
that Section 16-6 (b) (21) of the Town's amended storm water ordinance includes language to confirm the
second item above.
We look forward to receiving DWQ approval of our amended storm water ordinance and our participation in
the USMP in the near future. Please don't hesitate to contact me if you have any questions about the
Town's storm water ordinance.
Thank you for your consideration.
Sincerely,
r
Frank A. Rush, Jr.
Town Manager
copy: Kevin Reed, Planning and Inspections Director
John Freshwater, Crystal Coast Engineering
Johnny Martin, Moffatt & Nichol Engineers

•:fV.F�� �. -...:�+^_Y. �. .-.. �9�� yMxf �+� -.`1:►-�i��'Lti.��ry �;��N�a��"�G�Y���:":^�-I'rye�?n�.J%4�w�'!�t?�'`tir��*�i'�S�`.'y��R'�i'C±F�S�!_RC� r� _ ��i_�.....T`�'
Universal Stormwater Management Program
Local Ordinance Provision Checklist
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
DWQ to administer coastal local USMP ordinance, in whole or in part? a
C
od
2
A plication to Dev disturbing 1 acre or more, or less than 1 acre but part of larger common plan 12
2
Coastal:Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
31
Designation of Stormwater Administrator 24
4
Effective date of Stormwater Ordinance i o o 0 D 17
5
Stormwater Permit Requirement 20
6
BMP Design Manual 15
7
Concept Plan and Consultation Meeting 23
8
Requires control of at least first one and one half inch of rai II d 29
9130
foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 28
10
36 percent impervious density limit within 575 feet of SA waters d 29
11
Removal of 85% Total Suspended Solids f 29
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 29
71-7
13
Post -development discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f 29
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
15
Time limit/expiration of approval ;, I Y 25
16
As -Built Plans Requirement 25
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wlapproved plans h 29
18
Operation and Maintenance Plan and Deed Recordation and Indications On Plat 1 35,39
v
tj S
9
A al Inspection R Re: ' ment i 34
0
Coastal -If 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures (1) 31
VIII
211
Coastal:No new sw discharge points to SA waters or expansion of existing sw conveyance sst. drainin to SA waters ' (2) 33
22
Diffuse flow of stormwater providing eff. infiltration of 1 r, 24 hr storm not considered a direct point of sw discharge j (2) 33
231
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
�0
24
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13

RAM
SUMMARY TABLE COMPARING VARIOUS STORMWATER REGULATION PROGRAMS FOR THE TOWN OF EMERALD ISLE
Current Town Rules Universal Stormwater Program
Area of Disturbance That Triggers The Rule
1,000 sq. ft.
10,000 sq. ft.
Density Classsifications
Low
High
Max
Low
High
Max
None - Except if
% Impervious Limit
None
None
None
None
None
Within 575' of ORW,
Then 36%
Volume Treatment Required
2.0 inches
2.0 inches
2.0 inches
1.5 inches
1.5 inches
1.5 inches
Other Treatment Required
None
None
None
Diffuse Flow for 1-yr,
Diffuse Flow for 1-yr,
Diffuse Flow for 1-yr,
24-hr Storm
24-hr Storm
24-hr Storm
` Assumed That All Emerald Isle Within 0.5 Mile of SR Waters
" Projects Also Considered High Density it More Than 2 Dwelling Units Per Acre €
STORAGE VOLUME REQUIREMENTS FOR VARIOUS EXAMPLE PROJECTS FOR ABOVE REGULATIONS
Typical Single Family Residential Site
_
12,500 sq. ft. tract (0.29 acre) _
Pre -development Condition - Undeveloped __—
-
854 cu. ft.
640 cu. ft. - 1.5 inch Storage Requirement
Post -Development Condition - (5,000 sq. ft.
410 cu- ft. - Diffuse Flow Requirement
Impervious - Remainder is Lawn/Landscaping)
-- - -
— % Impervious=140.0%0
Bell Cove Village
127,630 sq. ft. tract (2.93 acre)
Pre -development Condition - Undeveloped
14,950 cu. ft.
11,210 cu. ft. - 1.5 Inch Storage Requirement
12.600 cu. ft. - Diffuse Flow Requirement
Post -Development Condition - (92,550 sq. ft.
Impervious- Remainder is Lawn/Landscaping)
% Impervious=!72.5%
Sea Oats Village I
_
126,441 sq. ft. tract (2.90 acre)
Pre -development Condition - Undeveloped
11,920 cu. ft.
8,940 cu. ft. - 1.5 Inch Storage Requirement
7,720 cu. ft. - Diffuse Flow Requirement
_
Post -Development Condition - (72.415 sq. ft.
Impervious - Remainder is Lawn/Landscaping)
—
% Impervious = 57.3%
WORA Parking lot
92,904 sq. ft. tract (2.13 acre)
4,930 cu. ft.4,240
3,700 cu. ft. - 1.5 Inch Storage Requirement
Pre -development Condition - 54% Impervious
_ Post -Development Condition - (78.261 sq. ft.
cu. ft. - Diffuse Flow Requirement
Impervious - Remainder is LawrdLandscaping)
% Impervious = 84.0%
Emerald Oasis Carwash
21,603 sq: ft. tract
Pre -development Condition - Undeveloped
2,360 cu. ft.
1,770 cu. ft. - 1.5 Inch Storage Requirement
—Post-Development Condition -35 (14,5sq. ft.
1,810 cu_ ft. - Diffuse Flow Requirement
Impervious - Remainder is LawnfLandscaping)
Impervious = 72.5%

Typical Single Family Residential Site Bell Cove Village
Sea Oats Village
WORA Parking Lot Emerald Oasis Carwash
Imperviousness
40.0%
72.5%
57.3%
29.8%'
67.3%
Drainage Area (ac)
0.290
0.029
0.029
0.021
0,496
Current Town Rules
Rainfall (in)
2
2
2
2
2
Runoff Coefficienj2
0.41
0.70
0-57
0.32
0.66
Runoff Volume (ft3 ) 3
854.17
14946-08
11915.92
4923.50
2360.28
Universal Stormwater Program
Rainfall (in)
1.5
1.5
1,5
1,5
1.5
Runoff CoeffiGien,2
0.41
0.70
0.57
0.32
0.66
Runoff Volume (ft3)
640.63
11209.56
8936.94
3692.63
1770.21
Universal Stotmwater
Program - Diffuse Flow
Requirement
Pre -developed Runoff Coefficient, C
0.15
0.15
0,15
058
0 15
Time of Concentration, t. (min)
500
8.00
5.00
5.00
5.00
Intensity, I (in/hr)4
5.42
4.86
5.42
5.42
5.42
Peak Flow, Op (cfs)5
0.23
2.14
2.36
6.71
0.40
Post -developed Runoff Coefficient, C
0.47
0.73
0,58
0.82
0.69
Time of Concentration, t, (min)
5.00
5.00
500
5.00
5.00
Intensity, I (in/hr)4
5.42
5.42
5.42
5.42
5.42
Peak Flow, Op (cfs) 5
0.73
11.60
9.13
948
1.86
Post -developed Curve Number, CN
62.6
81.8
72.8
88.6
78.7
Storage, S (in)6
5.97
2.22
3.74
1.29
2.71
Runoff, () (in)7
0.79
2.02
1.37
2.60
1.78
Runoff Volume (ft 3 )8
823.98
21455.04
1446367
20119 B5
3204.78
Time to Peak, Tp (secf
810.47
1330.70
1139.71
1526.17
1242.41)
Runoff Volume, (ft3)1 D
403.60
12591.75
7714,43
4236.50
1804.38
1 - Difference in Imperviousness, from 54.5% to 84.2%
2 - Simple Method, Runoff Coefficient = 0.05 + 0.9*[A where IA = impervious fraction
3 - Runoff Volume = Rainfall (in) * Runoff Coefficient ' Area (ac)
4 - Intensity = q I (h + t.), where g = 141, h = 21 calculated using Emerald Isle Rainfall Statistics from NOAA Websfte
5 - Rational Method, Op = C*I'A
6 - S = 10001CN - 10
7 - Q = (P - 0-2-S)'n / (P 0.8*S), where P 1 -yr. 24 hT rainfall (3.8 inches)
8 - Runoff Volume = 0 * Area
9 - Time to peak - Runoff Volume 1(1.39 * Op)
10 - Runoff Volume (Difference in Pre- vs. Post -development) = (Qp_em,j - Tp

COMPUTE g & h FOR INTENSITY EQUATION (I = gl(h+Tc) )
INPUT VALUES FROM NOAA NWS HYDROMETEOROLOGICAL DESIGN STUDIES CENTER WEBSITE
LOCATION: EMERALD ISLE, NC
DEPTH -DURATION TABLE (IN)
RETURN
DURATION
PERIOD
T
5
MIN
10
MIN
15
MIN
30
MIN
1
HR
2
HR
3
HR
6
HR
12
HR
24
HR
48
HR
96
HR
168
HR
240
HR
1
0.49
0.78
0.97
1.33
1.66
2.03
2,2
2.67
3.16
3.66
4.26
4.8
5.56
6.26
2
0.57
0.91
1.15
1.59
1.99
2.46
2.66
3.23
3.02
4.46
5.16
5.80
6.71
7.50
5
0.66
1.05
1.33
1.90
2.43
3.09
3.35
4.07
4.84
5.76
6.62
7.38
8.43
9.29
101
0.74
1.19
1.50
2.17
2.83
3.67
4.01
4.88
5.84
6.88
7.89
8.70
9.86
10.78
251
0.841
1.331
1.69
2.51
3.34
4.441
4.911
6.011
7.231
8,541
9.79
10.62
_11.92L
2.92
501
0,921
1.461
1.84
2.781
3.771
5,131
5.741
7,031
8.511
qmj
11.46
12.25
13.64
14,70
1001
0.99
1.57
1.99
3.05
4.20
5.84
6.61
8.13
9.91
11.58
13.321
14.03
15.511
16.60
INTENSITY -DURATION TABLE {IN/HR)
RETURN
DURATION
PERIOD
T
5
MIN
10
MIN
15
MIN
30
MIN
1
HR
2
HR
3
HR
6
HR
12
HR
24
HR
1
5.88
4.68
3.88
2.66
1.66
1.02
0.73
0.45
0.26
0.15
2
6.84
5.46
4.60
3.18
1.99
1.23
6.89
0.54
0.32
0.19
5
7.92
6.30
5.32
3.80
2.43
1.55
1.12
0.68
0.40
0.24
10
8.88
7.14
6.00
4.34
2.83
1.84
1.34
0.81
0.49
0.29
25
10.081
7.981
6.761
5.021
3.34
2.22
1.64
1.00
0.60
0.36
50
11.041
8.761
7.361
5.551
3.771
2.571
1.911
1.171
0.7111
0.42
100
11.881
9.421
7.961
6.101
4.20
2.921
2.201
1361
0.83
0.48
FOR 5 min<T<120 min
RETURN
PERIOD
T
9
h
R A 2
1
141
21
0.9970
2
172
22
0.9967
5
221
261
0.9950
10
266
29
0.9932
25
328
32
0.9906
50
386
36
0.9871
100
447
39
0.9838
RE
PE
FOR 120 min<T<24 hr
TURN
RIOD
T
9
h
R^2
1
239
150
0.9909
2
291
153
0.9903
5
377
165
0.9887
10
452
165
0.9899
25
563
171
0.9899
50
660
172
0.9908
100
769
177
0.9913

r7/ 10/ t)g
Chapter 16 STORMWATER MANAGEMENT*
*E.ditor's note: Ord. No. 2 of'Scpt. 14, 2004 amended former Ch. 16 in its entirety which
pertained to similar subject matter and derived from in Ord. of March 12, 2002.
Cross references: Buildings and building regulations, Ch. 6; health and sanitation, Ch. 9;
planning and development, Ch. 13; solid waste management, Ch. 15; streets and
sidewalks, Ch. 17; subdivisions, Ch, 18; flood damage prevention, ti 19-250 et seq.
State law references: Conservation of Natural Resources, N. C. Constitution, Article XIV,
Section 5; General police power, G.S. 160A-174; Municipal regulation of land -disturbing
activity, G.S. 113A-50 et seq., G.S. 143-214.7. kl
Sec. 16-1 Goals and purposes. (see Section 6.3.1 ofth
The preservation of water quality and pro tCeti on,, against flooding are central
environmental goals of tilt `Down of Emerald lsl u: In order to meet thesc n? ortant goals,
the town adopts this stornlwater management orclinancc for$the following purposes:
(1) To regulate new development, rcdevelopn e%,and other construction activities
within the jurisdiction of the town ist conseut:�with federal, state and local
requircnlerlts, and the towns cnvtrot mental goals.
(2) To provide the structure within Which th'C", Ithority ofdhe town to administer and
Vx
enforce stormwater quantity and clLialit regulationwill be exercised.
(Ord. of 9-14-04(1)
Sec. 16-2. Findings otfacts. (see Section 6.3ls,otathe UDO)
The board�IUF comniissioners�fiiids that development without control of drainage has a
lti;A*t. �1 r':
si91114, t adverse impact. upon the health, salcty and welfare of the community- More
spcci f rally,•'
"`rr;�..
(I) Uncontrolled stornlwater I-unoff can carry pollutants into receiving water bodies,
degrade` o qu
ality and result in closures of'shellfishing waters;
(2) Uncclntrollcdstorrllwatcr rclllolT can increase rlutl'icnts such as phosphorus and
nitrogen, thereby accelerating eutrophication of receiving waters, adversely
affecting flora and fauna;
(3) Improperly channeling water increases the velocity of- runoff; thereby increasing
erosion and sedimentation;
(4) Construction rccluiring the alteration of natural topography and removal of
vegetation tends to cause a loss of' natural recharge areas and Increase crosloll;

(5) Siltation of water bodies resulting from increased erosion decreases their capacity
to hold and transport water, interferes with navigation, and harms flora and fauna;
(6) Impervious Surfaces increase the volume and rate of stormwater runoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge;
(7) . Improperly managed stormwater runoff can increase the incidence of flooding and !
the level of floods which occur, endangering property and human life;
(8) Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas; thereby disru ting_b6l"ig'ical Productivi[
Y"
(9) The economy of the town. as well as the heait�l aiad welfare of its citizens, is
dependent upon the preservation of pristine beaches, clea'n-navigable waterways,
abundant Fishing and shellflshing resources, nd a*healthy coos stem that attracts
r +m.
visitors to the town. 'v.
(10) Many future problems can be avoided or,, substdhtiaily mitigatM' if land is
developed in accordance with sound stormwaterrunoff management practices.
(Ord. of 9-14-04(1), § l)'.
Sec. 16-3. Objectives. (sec Section 6a"t1teUD())
III order to protect; maintain, and enhance:aboththe rmmediate and the long-term health.
safety and general welfar�of the citizens,or the town.,this chapter has the following
Ob]ecl1VCS: kn"
i�
(1) Promote prod ucHWandrdhjoy�able harmbny between human activities and nature;
...ti F,
(2) P.rdtbc.l restoic{a.nd maintain the chemical, physical and biological integrity of the
°aters of l3oguefSound; Arclier's Crcck and the Atlantic Ocean-,`••�' I
fV --
(3) Prevent individualand `business organizations from causing harm to the
community by a 'tlVitlCS which adversely affect water resources;
(4) Encourage'tlicsconstruction of drainage systems which aesthetically and
functionally approximate natural systems;
(5) Encourage the protection of natural systems and the use of them in ways which do
not impair their beneficial functioning;
(6) Encourage the use of drainage systems which minimize the consumption of
electrical energy or petroicum fuels to move water, remove pollutants, or maintain
the systems;
(7) Minimize the transport of pollutants to area surface waters;

i
(8) Protect and maintain natural salinity levels In eStUarine areas;
(9) Minimize erosion and sedimentation;
(10) Prevent damage to wetlands;
(11) Prevent damage from Ilooding, while recognizing that natural fluctuations in
water levels are beneficial;
(12) Protect, restore, and maintain the habitat of fish and wildl
(13) Ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plansfofalf activities which play
have a significant adverse II11paCt Upon COIlllllLllllty�tANatel's�dnd nearby properties.
(14) Prevent or reverse salt water intrusion.
(Ord. of' 9-14-04(1), 5 I ) A
See. 16-4. Definitions. (see Chapter 10 — Definititi1is"711fnd Rules of Interpretation of
the UDO) AV.
Unless specifically defined below, word`sT-c5''phrases shall"661ifiterpreted so as to give
them the meaning they have in commoAusa 2,i.il Ojgivc thlschapter its most cflcctive
application:'
a
a
si'. tt�.
AeNe'i-se lrmpoct mcad5r any mods icatlon, illtiratlon or effect on a leattlrc 01, charactCrlstic
t `R
pC community waters abr wetlands including�fic-ir quality, quantity, hydrodynamics,
surface area species Compositl&n;ryliving rcSOLlfccs, aesthetics or usefillness Cor human Or
llattlral Uses which IS or may,.d]OtellIi 1Rts;WN5fIII lLlI or 111 UriOLIS to 11L1111all health, wcllarc,
safety orb,, property, to bto�logle tl$1*0Cfuctivity, diversity, or stability of wallet unreasonably
interferes' with the enjoyment of'lif6or property including outdoor recreation.
Cleu -im� ns the rcn1 1 of trees and brush from the land but shall not include the
ordinary nlowtflg,of grass.
Detenliml mea11� collection and storage of surface water for subsequent gradual
discharge.✓
Developer means any person who engages In development tither as the owner or as the
agent of an owner of property.
Development or development cictivity means:
( I) The construction, installation, alteration, demolition or removal of a slrLlcturc,
inlpel-vioLls surface, or drainage facility,
3

(2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a
site;
(3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or significantly disturbing the soil, mud, sand or rock
of a site in any other planner.
Drainage facility, pecans any component of the drainage system.
Drainage system means the system through which water flows from the land. It includes
all watercourses, water bodies and wetlands. ,±r
E)-osion means the wearing or washing away of soil by the acfioiirof wind or water.
rrisling conditions means the current conditions wh&sxtst at the site,'as a result of prior
vl
development of the site, including; but not limited�to, any�structures, tmperryious surfaces,
—
drainage facilities, and other disturbances .cif the site%jn cases in whsc Wrio prior
developtllent of the site has occurred, the cxistsng�.condrtions are the pt'edevelopnlent
conditions, as defined in this section. t
Noocl meads a temporary rise in the'leve] of any watcr"i'MAy, watercourse or wetland
which results ill the Inundation of areas not o binarily covcredRby;'watcr.
Impervious surface means a surface which` i)asA6iceti com patted or covered with a layer of
fir;:: v..V
material which prevents,,r.�5sgnil-sscantly impedes the infiltration of water into the soil. It
,kKincludes semi -imper�vi Is surfaces such as gravel and compacted clay, as well as most
conventionally surfaced Streets' roofs, sidewalks, parking lots and other similar
structures, alterations, or;,frnprpvemgrjts.
Ncrtrrral sysiems, i"l caiisisysI '—,'',"Which predominantly consist of or use those communities
of plants amnlals, bacteria and°rother<,flora and fauna which occur indigenously on the
rY c$� "'w
land; n.t e,,soil or in the at r. V
Owner' tlleans the person 4n, whorls is vested the fee ownership, dominion, or title of
property, i.e., tlic p= oprieArY. "I -his term may also include a tenant, if chargeable under his
lease or occupancy agreement for the maintenance of the property, and any designated
agent of the owner o t'Cnant including a developer acting on an owner's behalf.
Person means any and all persons. natural or artificial and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership, association,
limited liability company, two (2) or more persons having a legally recognized joint or
common interest, or other legal entity.
Predevelopmenl Conchlions means those conditions which existed before alteration,
resulting from human activity, of the natural topography, vegetation and rate, volullle or

yMAintj
[JI.
direction of surface or ground water flow, as indicated by the best available historical
data.
Receiving bodies «f water means any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in manmade ditches, or in a closed conduit system.
Redevelopment means the acquisition, clearance, rehabilitation, or rebuilding of an area
for residential, recreational, commercial, industrial, or other purposes, including the
provision orstrects, utilities, parks, recreational areas, or other open spaces.
Retenlivn means the collection and storage of runoff without subsequent discharge to
surface waters. .ebb.
SA 01crters means till waters classified by the NC Denartme—n! 6FEnv]ronment and Natural
Resources for commercial shellfish harvestin g�rciin Bogu Sound and Archer's
Crock.,
SB [Voters means all waters classified by the NC,De artnrfent Natural
Resources for recreation, incluclin the Atlantic Ocean andlbjbguc Inlet. r"
Sediment means fine particulate material, whether mineral or organic, that is in
ink suspension or hers settled in a water bodyy
;",,;
Sedimentation facility means any structure or area'which is designcd to hold runoff water
until suspended sediments have settled. s 4v,��.
Site means any traet�lot or p�iec"el,of' land or combination of tracts, lots, or parcels of- land
�'''4 IM
which are in onG00 ownership, or are contiguous and in diverse ownership where
f� developmenttiis. to be per ormed as art of a unit subdivision, or project.
Stvru7titi crier mantrget17en1 plcc ans the analysis required to meet the standards outlined
in section 16-6 for eacl llctivity dg scribed in section 16-5. The elements to be included iii
1,
a stormwater managemcnt�plan'ar .described in Section 16-7•
Structure medd�,tthat whicmijis built or constructed, an edifice or building of -any kind, or
any piece of work artificially built up or composed of parts joined together in sonic
definite manner, IAI - Shalh'nut include fences or signs.
Sub(livicle means to` divide the ownership of a parcel of land, whether improved or
unimproved, into two (2) or more contiguous lots or parcels of land, whether by reference
to a plat, by metes and bounds or otherwise, or, if' the establishment of a new street,
easement, or right-of-way is involved, any division of a parcel of land. Subdivision
includes a re -subdivision and, when appropriate to the context, relates to the process of
subdividing or to the land subdivided.
Yegetotion means all plant growth, especially, but not limited to, trees, shrubs, vines,
ferns, mosses and grasses.
m

tValei-s or commr nisi, of ivatcrs mcans any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body or, drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the
sui-lace of the ground, as well as coastal waters.
Healer 6och- means anv natural or, artificial pond, lake, reservoir or other area which
ordinarily or intermittently contains water and which has a discernible shoreline.
Watei-course means any natural or artificial stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, street, roadwayrDale, or wash in which
A� water flows in a definite direction, either continuously or intermittently, and which has a
definite channel, bed or banks. r"
Watershed means a drainage area or drainage basin. corttwibuting to tte ow of water into
a receiving body of water."�s
Wetlands means those areas that are inundated oFsaturatc
VAA S'
a Frequency and duration sufficient to support, and"''
a�
support, a prevalence of vegetation typically adapted ford)
Wetlands generally include swamps, itarshes, bogs and si
(Ord. of 9- t 4-04(1), 5 1)
Cross i-cferenecs: Definitions and r•tiles ot'c0n�l"CtiOil,Qel
Sec. 16-5. Applicahility:°A(seewSection 6.3.1"F the U
dd"15y,�surface or ground water at
ider normal circumstances do
fe in saturated soil conditions.
r1p
-nilar areas.
cra.119, S 1-2.
All dcvclopmcnt n6'd'5'edeveIoli€71cnt, includin`g,;.abut not limited to, all single-family and
duplex residential dwell ngs. constructed withiithe town after- the ^f' i^'^ this
NZAII ehaptei .Iunce1;0,"T2008, musti.complwtth�the minimum stormwater control standards
outlincdiri s°ectionliG6ellil `.
(Ord.�of;9-14 04{ I }, 5 �� �� �•
Sec. 16-6 gStorm water nianageiiient standards. (see Section 6.3.3 of the LIDO)
(a} Per fortrlc nee standards. The proposed dcvelopment, development activity, or
ViR..n _f
rcdcvclopn7e t,.s�tall be planned, designed, constructed, and maintained to:
(1) Ensure that, after development or redevelopment, runoff leaving the
development or redevelopment site approximates the rate of flow and
timing of runoff that would have occurred following the two-inch rainfall
under existing conditions and to the extent practicable, the
prcdevelopment conditions, including off -site drainage, unless runoff is
discharged into an off -site drainage facility as provided in section 16-6(c),
(2) Protect the quality of surface waters;
No
9
Fl
tic
1S
i
r. J

(3) E-nSure that erosion during and after development or redevelopment is
I1111111111"!_ed;
(4) Protect the beneficial functioning of- wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation of
pollutants;
(5) Prevent the potential for increased flooding and damage to structures
already located in areas known to be subject to potential hooding,
(6) Protect the natural fluctuating Icvels of salinity iEr,estuarine areas;
(7) Minimize injury to Nora and fauna anJ;adverse impacts to fish and
wildlife habitat that can be directly attributed to transport of sediment or
' .
contaminants by stormwater runo�or?,;to rccurrent.00dAing of natural
habitats
{S} Otherwise further the objectives o'ftliis chaptcI,,� <L`'
(b) Design slancicn-cls. To ensure attainment of the'I;objectives of this chapter and to
ensure that performance stanch ds, will be mc[,"t`hc design, construction and
r "L1 IN . A
maintenance of drainage Systen75,shall�bE�corlsistel7t �v1�l jtlle fohplV]llg standards:
(1) Channeling runoff' shall be strictly prohibited.
Instead ,rll 1r o.ff shall be rout�cCIN1rough soles and other systems designed
to increase time of concentration, decrease velocity, increase infiltration,
allti uspendcd�s'olids to scttlWand remove pollutants.
A;he,M'ea of fan11 distifb .b—,Idcvclopment shall be as small as practicable.
Those;areas which ari; not to be disturbed shall be protected by an
adequIte barric�rVlrom construction activity. Whenever possible,
indigenous'.�egctatlon*shall be retained and protectal. Where this is not
possible, suable nature species shall be planted.
(3) Np�` g.adingVcutting or filling shall be commenced until erosion and
SCdilnC'ntdIloll control devices have been installed between the disturbed
t� q.
areaallk-
d Witter bodies, watercourses and wetlands. Following illltlhl SO11
disturbance or redisturbance, permanent or temporary stabilization shall be
completed on all perimeter (likes, swales, ditches, perimeter slopes, all
slopes greater than 3 horizontal to l vertical (3:1), and embankments of
ponds. Requirenlents for permanent stabilization shall not apply to those
areas being used for material storage or for those areas where construction
activities are currently being performed.
Cletus sand shall be used for fill. The lines in the sand should be hillited set
that seepage and nligratiorl through it Will facilitate normal drainage. The
795

fill shall be placed so as not to cause water- to be diverted to adjacent
property. Pipe culverts shall be installed under driveways to allow passage
of water if consistent with good design practices. The maximum amount
of fill at any location shall be limited to an average of two (2) Feet across
the area filled, unless the applicant submits a professionally designed
stormwater management plan in accordance with section 16-7(c).
Incidental filling on previously developed residential lots may exceed the
two (2) , feet limitation without submitting a professionally designed
stormwater management plan.. provided the incidental filling does not
cause water to be diverted to adjacent property. .J '•.
(4) Land which has been cleared for develoj -ent and upon which
construction has not commenced shall'"be protected from erosion by
appropriate techniques designed to rdvegc etc the aren'twithin thirty (30)
days (seeding, etc.).
(5) Sediment shall be retained on the sit `.of the'de VClopinCnt.
vt
4
(6) Wetlands and other waterbodics shall notbe.uscd as sediment traps.
(7) Erosion and seditncntatia "fae tics shall be ni' I'lintaincd to insure that they
continue to functlon properly. �;
(S) Artificia,ll(uat8F ourses sliall`1%'�designed;£considering soil type, so that the
velocity of floMis low enough to prevent, or minimize to the maximum
cxte`rit' acticable erosion.
(9) 4Mgctatcd Buffers
,,lici%A'tural st t,
42.. wctland'k w
trap the sCd'inlellt 1
tW
;�,„,_allow for pertodic
ij sZshall be created or, where practicable, retained in
long the banks of' till watercourses, water bodies or
iwf.,ithe buflcr shall be sufficient to prevent erosion,
`overland runoff, provide access to the water- body and
)oding without damage to structures. For projects that
siifface shall be constructed within thirty (30) feet of ativ r)crennial or
intermittent surlace waters, except lot, roads, paths, and water -dependent
structures.
(10) Intermittent watercourses, such as swales, will be vegetated.
(1 l) Detention ponds may be used to detain increased and accelerated runoff
caused by development or redevelopment if' the runoff is discharged to a
water body, watercourse or wetland. Water shall be released from
detention ponds into water bodies, watcrcourscs or wetlands at a rate and
in a manner approximating the natural flow which would have occurred
before development. The drawdown rate for these ponds shall also be
tr

designed so that the water quality volu111e is drained no faster than 48
hoUrs but no slower than 120 hours.
(12) For projects that disturb more than 10,000 sq. It. of land, all stormwater
management systems shall be designed in accordance with the state
standards meeting the 85% total suspended solids removal rate.
(1-2)(L3�Although the use of wetlands for storing and purifying water is
encouraged, care must be taken not to overload their capacity, thereby
harming the wetlands and transitional vegetation. Wetlands should not be
damaged by the construction of detention ponds. -
14 All development must provide appropriatefinfifftition to control runoff of
rainfall from all impervious sUrfaCCs on site as spcctfied in section 16-7.
The design of the infiltration method must} take in ola�ccount the runoff
from any ors surface drainage that is directed tot it filtration site.
Flow ft'om gutters and downspou&shall beydivertcd to the inriltrhtion site,
as necessary. 7
(-[4)( l 5)All underground storage of runoff shal"-
111inimnm of two (2) fcet,v,ertical scparattc
' 4,7
water table and the bottom ofjthewfeature(s)
l., afh:
0-51jl 6_Runoff from parking lot steal}� be Create
before it entcistreceiving erbodies.
omplished so that there is a
jwcen the highest seasonal
J�fdf storage,
o remove oil and sediincnt
!ra' '1.
0-6 i 7 Ddteriti'orni and retention areas shall be designed so that shorelines are
sinuous rather thanxstraight and so that length of shoreline is maximized,
thus,ofIcril n1 ore a esfot th growth of littoral vegetation.
MWith `t}exceptiait of bUlkheaded ponds, the banks of detention and
retention areas shallslope at a grade no steeper than 3 to 1 (horizontal run
0
to vertical rise) into an area of water as a safeguard against drowning,
�ersonal injiuy or other accidents, to encourage the growth of vegetation
andpto allow the alternate flooding and cxposure of areas along the shore
asa c�'.Ic cis periodically rise and fall.
(1SI(19I -he Ultiplc use of drainage facilities and vegetated buffer Zones as open
space, recreation and conservation areas is C11COUraged.
0-4)(20)I_ot owners or contractors shall not fill more than one thousand (1,000)
sq. ft. of any part of a pond or wetland unless that pond or wetland is
expanded or a new retention area is built as replacement. This expansion
or new retention area shall be constructed within the town limits of
I--merald Isle, and be capable of holding a volume of storm water at least
equal to the one lost as a result of the fill. 11' this should preclude any
I

reasonable development of the lot, the applicant may apply to the board of
adjustment for a variance.
(229)(21) New discharges to SA or S13 waters and/or expansion of- existing
conveyance systems which discharge directly to SA or S13 waters shall be
prohibited.
For projects that disturb more than 10,000 sq. ft. of land, diffuse flow of
stormwater at a nonerosive velocity to a vegetated buffet- or other natural
Year, 24 hour storm prior to reaching any potential''%f-site dischar•gyc shall
not be considered a direct point of stormwacdrdisc argc Consideration
shall be riven to soil tvpc, slope, vcuetatiori,-an'd�existint' hvdrolouv when
R4jL22jDcvclopmcnt within the area of envi'roiiriMital concern (AEC) adjacent to
outstanding resource waters (OIZW), aS"de�fined by the NC Division of
Coastal Management shall -trot exceed thistvw-six (36) percent impervious
>:. v
coverage and shall adhere,tolthe;storm water mang,-a�g,cment standards of the
AR�P^,.
NC Division of Coastal 'Management, or anySuccessor agency which
VA 4�111n-_M-zlmay limit impervious coveragc,to`25 of the NC Division
of Coastal'R iTagcnient shafl,.take precedence over the standards included
r
in this?chapter provided, h 5wever, that the developer shall also be
r 3 �� N
required to adhere.lo the spcciirctstandards included in this chapter that are
not in Colin ict 4Lith the standards of the NC Division of Coastal
,:wM.anaum I
)Because -'ties pr5ctic�rcduccs stormwater runoff storage capacity, the
artificial recharge of natural ponds and/or man-made detention and
retention ponds wiih groundwater or other water supplies is prohibited.
This proviso shall not apply to groundwater recharge systems installed
andtrin regulHr use prior to the effective date of this chapter. However, the
to
«N" sj ongly encourages compliance with this prohibition by existing
users of groundwater recharge systems
(24) For projects that disturb more than 10,000 s . ft. of land that are located
within one-half mile of and that drain in whole_or part to class SA waters
shall design and implement the best stormwater practices that ensure
reduction of' fecal coliform loading. The best practices are ones that result
in the highest degree of fecal dic-off and control sources of fecal coliform
to the maximum extent _practicable while still meeting the other
rec uircments of this ordinance.
la

(25) For projects that disturb more than 10,000 sq. ft, of land, -all slormwater
management systems shall meet the General Ean ging_ec!_ing Design Criteria
set forth in I5A NCAC 021-I. 1008 (c).
(26) 15A NCAC 021-1 .1020 UNIV1 RSAL STORMWATE-It MANAGLMI N"r
PROGRAM, including future amendments, provides the foundation for -
this ordinance.
(c) Qjf-site cb-oincigefticililies.
(1) The town may allow stormwater runoff�that'Nis associated with
SUbdlvlslons that have an approved subdivision stormwater 111anage111Cr1t
plan in accordance with section 16-7i~'eAr► that is otherwise ol,
d?Y
unacceptable quality or which would be discharged-.4n volumes or at rates
in excess of those otherwise allowed�by tl s°chapter�be dischtu'gaI into
drainage facilities off the site of'emcvelopment if' each 6h+thc following
conditions are ruct: z "3. %.. ,�aV),
a. It is not practicable to conllilbte:l.yli alli C runoff oil the site in a
manner that meet the perlbrrnnce standards and design standards
of this chapter, or A the initial subdivision stormwater management
plan was dcsigued,.t(J. commodate thRr, nolf front the site;
b. The off -site drainat fact;icl channels leading to them are
//designe3.d; constructcd� lid maintained in accordance with the
ti les ki5 u �u
,,{rcclLlircmcnts of this chapter;
c. Ailverse�fsenvironmental iiiipacts on the site ol' development will be
e � nlmirnizcd. Q
A request" 0 use offW-site drainage facilities and all information related to
r
the propas0.,, orf-sltc facilities should be made a part of the developer's
stormwater �mana meth plan. Guidance doCUrnents to be used when
Zl�essigning o> operating off -site drainage systems are listed in section 16-9
66'this chanter.
(3) The Lice of orf'-site drainage facilities shall be permitted only if easements
41
or deed restrictions to insure continued use of the drainage facility sitc(s)
have been approved by the town and recorded in the office orthe Carteret
County register of' deeds. A copy of such recorded provisions shall be
provided to the town and shall be considered a condition ol' any approval
granted under this chapter.
(Ord. of 9-14-04(1), § 1)
Sec. 16-7. Stormwaler management plan. (see Section 6.3.2 of the UDO)

(a) All development and redevelopment, including, but not limited to, single-family
or duplex residential dwellings, constructed within the town after the effective date of this
chapter must submit a storm water management plan to the Stormwater Administrator
that complies with the ]llininlUtll Slornlwater control standards outlined in section 1 b-b.
The burden of proving compliance with the stormwatcr management standards and the
cost associated with producing such proof shall be borne by the developer.
(1) Exemptions. The following development activities are exempt from the
Slornlwater management plan requirement:
a. Additions or modilications to cxistillge, ifiglc family detached
residential structures, if' the development does not increase
impervious surface by more than othou and (1,000) square feet.
b. Any maintenance alteration,uselor imprSn."nt to <►n existing
structure not changing or affecting quality, rate volume or location
of surface water discharge,",..
C. New subdivisions that involveTot 1l , the preparation of plats that
�r;otr
delineate lot boundary lines within, the subdivision, and do not
involve the construction 01,infrastructure to serve the subdivision,
i j
--t-
(b) Submittal and approval. A stornlw�ater management plan must be submitted and
approved before:
� Ica
( I ) A prelinlinary'plat is a
(2) An existing drainage=sy5tent is alfcred, rerouted, or deepened;
pci=nlitKis issued,
(c) "`P.,<i`oposed singlcrtfamily arid' duplex residential projects with less than 4ve
41-OUsa}1� �{ ten thousand 00 000) square feet of i�ct� )er-vie4urfi e disturbed area
shall adhere o'thc stormwaier management plan requirements outlined below.
It 1sAtie,,responsibility of an applicant to provide sufficient information in
.
the plan so that the town or its agents may reasonably evaluate the
environmental characteristics of the affected areas, the potential and
predicted impacts of the proposed activity on area surface waters, anti the
effectiveness and acceptability of those measures proposed by the
applicant for reducing adverse impacts. The applicant shall provide maps,
charts, graphs, tables, photographs; narrative descriptions and
explanations, as appropriate, to demonstrate compliance with the town's
stornlwater management standards.

2. The applicant shall submit the name; address and telephone number of the
owner and the developer.
3. The conditions of' the site shall be described in general, inclUdilIg the
following:
a. The direction of flow of stormwatcr runoff under existing
conditions;
b. The location of- areas on the site where stormwater collects or
Percolates into the ground, and ALM`
c. A sul-Vcy ol- the site, including topol �h�y. The survey shall be
prepared by a licensed SLI1'VCyQr'SlloWln , ""kitours every two (2)
feet. It must also show the toss's ction, ad4loocation of drainage
ditches within the area sutw,eyed, and the locations o fiends and
ponds.
d. At the discretion of the to1orita agent the elevation of the
seasonal high water table may b�cluired.
(4) Proposed alterations of the ite'tshall be desSibeNinclUding.,
'*A '!VVOJ'�'"-
a. Change(s) in topography. ;Fhet.proposed final elevations shall be
a �� _ .'
shown in a nlanncr that can 'be dlshnguishcd from the; existing
CI ttons. If' there ar brupt changes in elevations, these should
c clea y�identified t%thc plans. "These should be plotted on r
,scale thatis easy to rcadand in a form that conveys the nature of
c ha gcs flihoarerproposcu
I
hhe proposed area to be reserved as natural area on the property its
ltiFra
f required byt, 3.34(c)( I )c. of the Town Codes.
c. Identificatioii and quantification of the area(s) that will be covered
�with finperviouS surl<lce(S) and a description of the surfacing
k
�$r
nrttertal(S).
C. 7PThe sire and location of any buildings or other structures.
(5) Predicted impacts of the proposed development on existing conditions
shall be described in general, including:
I Impacts on wetlands, ifany;
b. Impacts Qn vegetation.
/-3

(6) All Features intended to receive stormwater runoff from the proposed
impervious sLn-faces on site shall be described and their location identified
on the survey. The applicant is required to demonstrate that srrfficicnt area
is reserved to provide sixteen and sixty-seven hundredths (16.67) cubic
Feet of storage capacity for every one hundred (100) sq. ft. of impervious
surface proposed.
(7) A description of the measures that will be put in place For the control of
erosion and sedimentation shall be provided.
(8) The applicant shall provide other informationZWieh the town or its
designated agent deems necessary for an cvalt�iation of the development
proposal for compliance with this chapter..
(d) A professionally designed stormwater management plan, desi'ghed and scaled by a
registered design professional, shall be rcqutred for all single— aniily and duplex
residential projects
i for which disturb tell thousand (JR000) sduarc fddt or more of
land and for all multi -family residential, coill mercialc`n-&industrial projects'
(! } Stormwater managernctit plans must be completed by a North Carolina
registered professional w itqualifrcations� appropriate for the type of
system required; these rcgistcrcd�pr( fessionals c defined as: professional
engineers; landscape architects /)at'o the 6K �chAhat the NC General Statutes,
i. FiO�V, `'U' wW
Chapter,.O'X`-',�allow, and rcgtstcrcd land survcyors, to the extent that the
4P t+.
dcsign rcprescrrts�;inciciental drainage within a subdivision, as provided in
GcliIN Statute 8N -3(7),
(2} lt.-gs the FRponsibiltty�of an tpplicant to include in the stormwater
�� E� sufficient p
}. managei�ient 'pirficicnt information for the town or its agents to
cvalu, the environmental characteristics of the affected areas the
w.
potential and, predicted impacts of the proposed activity on area surface
' waters, andlithe effettrveness and acceptability of those measures proposed
6y, the applicant for reducing adverse impacts. The stormwater
I a(lleriierit-'plan shall contain maps, charts, graphs, tables, photographs,
'• 4 b
narV.V'ratr:vedcscriptions and explanations and citations supporting
�a
referee 'es, as appropriate, to communicate the information required by
this section.
(3) The stormwater mallagement plan shall contain the name, address and
telephone number of the owner and the developer.
(4) The approval of the stormwater management plan requires sribmission of
enforceable restrictions on property usage that run with the land, including
deed restrictions and protective covenants, for recordation, to ensure that
/ �6
Y
a

I•Uture development and redevelopment maintains the site consistent with
the a »roved Miect stormwater plans.
(4) u Tile existing environmental and hydrologic conditions of the site and of
receiving waters and wetlands shall be described in detail, as Collows:
a. The location(s) of runoff leaving the development site along with
the direction of' the runot),as it exits the site,
b. The location of' areas on the site where stornlwater collects or
percolates into the ground shall be denotcAN
c. A description of -all watercourses, watodics and wetlands on (n'
adjacent to the site or into which stoWa,ater flows shall be
provided. Information regarding their water quality and the current
water quality classification` if- any, given th6m by the state
ire" `-
Department of Environr�ient and Natural Resources (�llENR) shall
be included. P, 14, 7
d The depth(s) -to the seasonal `high groundwater table shall be
Provided.
c. Location of flood}�lains .'hallbc dcnotd�on the stnvey plan of the
site required by paragraph l6-7(d).(4)t:
f. AYA survey@tqf- the site '-including topography. The survey shall be
pryeparedUy a licenscdsycyar showing contours every two (2}
feet: It nxust3tA
,dlso show the cross section, and location of drainage
EllditcheskNvithirt tliez�rea-surveyed, and the location of wetlands, and
ponds `'CICVition of the seasonal high water level in the ponds and
°�
wRhinds shall,�also be shown. "File geographic coordinates of the
11Mposed sto riwaler treatments stern shall also be provided to
incluae within the Town's GIs system_
ryy
6 Soil as delineated and described in the Soil Conservation Scrvicc
r
3;
-0 ications, Sol] Survey of Carteret County, NC or Soil Survey ol-
the NC Outcr Banks. The town or its agent, at their sole discretion,
may also require the developer to conduct an evaluation of the soil
profile at the development site. If such an investigation is required,
it shall be conducted by a registered soil scientist for the developer.
(3-} L6) Proposed alterations of tklc site shall be described in detail, nicludnlg:
a. Changes in topography. The proposed final elevations shall be
shown in a manner that can be distinguished from the existing
elevations. If tllere are abrupt changes in elevations, these should

be clearly identified in the }Mans. These should be plotted on a
scale that is easy to read and in a form that conveys the nature of
changes that are proposed.
b. The proposed area to be reserved as natural area on the property as
required by 19-334(c)( I )c. of the Town Codes.
C. Areas that will be covered with an impervious surface and a
description of the surfacing material.
d. The size and location of'any buildings or othtcr�structures.
7 Predicted impacts of the proposed develo meiit n existing J conditions
(�� } p p �p ,�. o s g
shall be described in dctai[ including:
a. Changes in the incidence,'
ncidence and duration of floodingn the site and
adjoining property;.
b. Impacts on wetlands, if any; `
C. In1pacts on
d. Certi f ication by ;tlie owncrldcvc[oper that all stormwar• te
management constructionfand maintenance will be done according
n
C. � An as'b t certificati n signature block to be executed after
complctionN to, be sijM by the owner and the qualified
._ stornwa c desisinW ssional.
All c6ili7pInents,T6f the drainage system and any measures for the
cietentian,ctcntionllo infiltration of water or for the protection of water
>P�b quality shaf a desc •ibed in detail, including:
['h4uantity of' stormwater. based on a two-inch rainfall design,
` hat will be collected on the site;
b. � Detention and retention areas, including plans for the discharge of
contained waters;
c. Areas of the site to be used or reserved for percolation;
d, A plan for the control of' erosion and sedimentation which
describes in detail the type and location of control mcasin_es.
1�
Wig I

I
r "E'
6
9
a
C. Any other information which the developer or the town or its
designated agents believes is reasonably necessary for an
evaluation of the development proposal for compliance with this
chapter.
(c) New subdivisions. The stormwater management plan for new subdivisions,
regardless of proposed land use, shall be designed and sealed by it registered
design professional as described by paragraph 16-7(d)(1), and shall include
calculations of, and incorporate design features to control the total volume Of'
storm water runoff projected after full build -out of the subdivision.
(1 } The catchment area shall be the entire development and any adjoining
areas that drain into the development site F`„ . k
�'a
(2) Stormwater management plans 101' new"zsibdivision; shall adhere to the
requirerllents outlined in section 1611(d).
do
t7 r� �� ,
(3) The development of a subdivigi.on". stort lwater manage lent plan in
accordance with this subsection may relieve individual lot owners of the
requirement to provide. the required oil-, tlfiltration required in section
16-6(b)(13), As individ al lots within a "s lbdkvtston are developed, a
stornlwater managenlenti; alt1` shall. be required Ifofleach lot, in accordance
with section l 6-7(a). The storm t�tc`r, I11at1agCnlCnt plan for individual lots
may refer to the original subdivision stortnwater management plan to meet
the requirements of this chapter, however, the town or its agent may
rcgr��eaddi o f on -site �[eettention it I'LInOII frOrn the proposed
dcvcl'6plllcllt is rlyot adequately controlled through the original subdivision
stormwater management plan. F
A checklisK,wills,be maCletavailable by the oltrcc of the Jtormwatcr Administrator
to facilitate the stortn``iwater ill na'=ement 11an a roval application. A professionally
r:,�xr.. °�� •ass
desig Zn ,,storrnwatcr managemeilti^plan, designed and sealed by a registered_ desi }11
ro[essioiaf1A,shall be rec ui cd for all sin glc-famil and du ICx residential protects which
Wh
disturb ten tl ousand (10.660) scmare feet or more of land and for all mult1 amily
(Ord. o f' 9- l 4-04(
Sec. 16-8. Proced
and fees. (sere Section 2.4.10 of the UDO)
(a) Any person planning a development, as defined in this chapter, unless exempted,
shall submit a stormwater management plan to the tewn Stormwater Administrator.
(b) A permit fec will be collected at the time the stormwater management plan is
submitted and will reflect the cost of administration and management of the permitting
process. The Stormwatcr Administrator town shall recommend establish, by resolilfiaii, it
fee schedule based upon the relative complexity of the project. The fee schedule will be
li

established ; ;a y be amended, from -time ie !im . by the town board of commissioners by
resolution. The fee schedule is not printed herein but is on file in the town clerk's officc.
(c) The stormwater management plan shall not be approved unless it clearly indicates
that the proposed development will meet the performance standards and the design
standards described in section 16-6, except where a variance has been granted pursuant to
section 1 6-1 1;
(d) Within thirty (30) (lays. after submission of the completed stormwater
Management plan, the Storntwatcr Administrator tit shall approve, with or without
specified conditions or modifications, or reject the plan andsl aINnotrfy the applicant
accordingly. 11' the town has not rendered a decision within•�,thirty (30) days alter plan
submission, it shall inform the applicant of the status of- M;.-r_cview process and the
anticipated completion date. If the plan is rejected or rnodified the Stormwater
Administrator ter} shall state its reasons. While it iswot`'customary or the town or its
designated agents to actually design an acceptabl roject for the applicant, it will do all
it can to work with the applicant to achieve ari acccptabl'o project plan in" arniony with
this chapter. Projects requiring formal planning board and town board review shall not be
subject to the 30 day requirement. Approval of st rrnwac management plans for these
projects shall be determined in conjunction with the planning board's and town board's
formal review process.
c) Expiration. Should the develomtter Anot ae completed .within three (3) vears. the
stormwater management plan will no longer be..constdered approved. The applicant must
resubmit a stormwatcr_-._-jilankjbr appr'oy iCSy the Sto mwatcr Administrator before
construction nta be 'iii. The a7 licant ma 7rec uest and the Storntwatcr Administrator
may i_1rant, a sim4ld�oiief(1) vear extension to tlie_annroved elan provided the initial three
(f) IitspectinnS�.Nn,storn watcr management plan may be approved without adequate
provision for inspectrott 0r the propctly before development activity commences. The
appli`cashall arrange W th the town's building inspector or his designated agent for
scheduling<ttlie following inspection s:
{ I } initial inspection. Prior to approval of the stormwater management plan;
(2) Bury inspection. Prior to the burial of any underground drainage structure:
(3) Erosion control inspection. As necessary to ensure effective control of
erosion and sedimentation:
(4) Finish inspection. When all work including installation of all drainage
facilities has been completed,
m

-(5) for Rroiects disturbing 10,000 sq. ft. or more of land and all multi-Camilv
residential, commercial and industrialpro_ects, as -built drawings of the
stormwater treatment system shall be provided to the ']'own.
The town building inspector or his designated agent shall inspect the work and shall
either approve it or notil•y the applicant in writing in what respects there has been a
(allure to comply with the requirements of the approved stormwater managemenl plan.
Any portion of the work \vhich does not comply shall be promptly corrected by the
applicant or the applicant will be subject to the penalty provisionsof section I6-12.
(g) Appeals. Any person aggrieved by the action of' at3y official charged with the
enforcement of this chapter, as the result of'the disapprovaylof'a jroperly filed application
for it permit, issuance of a written notice of' violation, or an alleged failure to properly
It
enforce the chapter in regard to a specific applicatio s!'all have it right to appeal the
w, ".
action to the town board ofadjustment. The appq;l,nutst be filed in writing within twenty
(20) days of the mailing date of the officIal�_transniittal of the fi'tU� ,d cision or
determination to the applicant, and it must slate clearly tl grounds on whMi the appeal
is based, and shall be processed in the manner presdibed for hearing administrative
appeals under local and state statutes•
(Ord. ol' 9-14-04(1), § l) ';-
Sec. 16-9. Manual of stormwater nyarial;enieiit;'pi,actices,="(see Section 6.3.4 of the
(a) The town adop" tsby , r'erencc the f 11ONVing published manuals of storniNvater
rrranagcment pract &Q1'or the 1giridance of' persons preparing stormwater management
Plans, and designing or operttttig'cirai.nerge systes;
��t; Watt
NCDIaNR Stormwater Best Management Practices: (July 2007, as
amended as published by the NC Department of
Environment and Natural Resources, Division of Water Quality, Water
Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699.
/I

T4iese This manuals may be updated periodically to reflect the most current and effective
practices and shall be made available to the public at the town hall during normal
business hours.
(b) The building inspeetat, Stormwater Administrator will be the official custodian of
these manuals and shall present subsequent revisions of it to the town board and planning
board for review and approval before same shall be incorporated into the manuals.
(Ord. of 9-14-04(1), § 1)
Sec. 16-10. Maintenance. (see Section 6.3.5 of the UDO)
(a) Drainage facilities shall be dedicated to the town
the board of commissioners to be appropriately a part of tl
they are determined by
wmamtaincd system.
(b) Any private drainage or _s_tormwatcr management syster'iiclesigncd to serve
roiects which disturb more than 10,000 s . ft..of land and all multf�fan}il residential.
commercial and industrial projects r•. sidenii A ,,O,,.,.,..en
Shall have adequate CCGOrdcd easbivents to permit ilic town to
inspect and, if necessary, to take corrective actlons;gsh6Md the owner fall to properly
maintain the system. A copy of' sucl"�-recorded provisions,shall be provided to the town
and shall be considered a condition"6'f*any approval gran ed under this chapter. "file
Stormwater Administrator or a desi nab t.ed1sStormwater 'Inspector shall inspect all
nronertics and systems annually for anv deficie tcles ,,Drainalie and stormwatcr treatment
13elorc taking correcti
of the existing defects
commence corrective';'
necessary corrections,
may take necessary,cc
aCtliJll;�,Ij
the town sill
f the owner fails w&
-tion, and thereafter
adifails�tb)a cal the
eetl E CI1011�`and�tlld!
is of thB11 iI I d
give the owner written notice of the nature
l thirty (30) clays from the date of notice to
it.proceed with due diligence to make all
is ter to the board of adjustment, the town
xncr shall be assessed the cost of the work
r fail to pay the town for full cost within
. the cost
shall'lieconic a lien on tlT64cal pr"operty until paid, or if the property is under common
ownershil�ilch as an owners association, Ilse cost shall be assessed equitably among all
property owners in the !subdivision, multi -family residential development, and/or
commercial structure. g
b r
fs�
C Any rlvatela'4 alna is or stormwatcr management system designed to serve
�v r projects which disturb more than 10,000 sq. ft. _and all multi -Family residential,
commercial and industrial_proicets shall have an adequate Operations and Maintenance
G a e— Plan (0&M11). A copy of the recorded O&MP shall be Provided to the -['own and shall
r ( be considered a condition of an a proval granted under this cha ter.
YYI
(d) The owner of the property on which work has been done pursuant to this chapter
for private storm water management facilities, or any other person or agent in control of'
such property, shall maintain in good condition and promptly repair and restore all grade
surfaces, drains, structures, and other protective devices. This includes regular removal of
7- c)

dead trees, leaves, debris that accumulate in ponds. Such repairs or restoration and
maintenance shall be in accordance with approved plans.
(Ord. of 9-14-04(1), § l )
See 16-11. Variances, (secs Section 2.4.17, Paragraph (4) of the UDO)
The board of adjustment may grant a written variance from any requirement 01, this
chapter using the following criteria:
{�) , Where are special circumstances applicable to the subject property of its intended
use. A written request for variance shall be provided and�,,shall state specific
variances sought and reasons for their granting.
(?}() A variance from the terms of this chapter shall n'ot be granted by the board of
adjustment unless, and until, it shall make a,findin br'`
a That special cor�ditions and cireu nstance0exist which are+peculiar to the
land, structure, or building involvedTand whizIl are not apply blc to other
lands, structures, or buildings in the sarner�strict;
b- (2) 'That literal interpretaii'M" of
rights commonly enjoyel
terms of this chapter;
Mm?
e-(3) That this spec3al�condition
action ofthe applicant;
c provisionsswould deprive the applicant of
other properticsf�nvt]ie same district under
d circun tances do not result from the
El- (4) That thc' hardshiplis,,,af �physical nature and not economic;
' yiyy'�.: M'Hw 9" "
That�jrantmg the variance requested will not confer on the applicant any
Spec ial"privilege tliati6srdenied by this chapter to other land, structures, or
;fL !V .
buildings rn lie same,'drstrict.
(3) Lc� Additionally, the granting of the variance will not:
a-M Significantly increase or decrease the rate or volume of surlace water
ruiioff,;��
Have'�a significant adverse impact on an interdunal trough, basins,
WC11and, watercourse or water body;
e- (3) Significantly contribute to the degradation of %eater quality;
d- LIJ Otherwise significantly impair attainment of the objectives of this chapter.
(4) (d) In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards in conformity with this chapter.

(Ord. o f' 9-14-04(1), § l )
Sec. 16-12. Authority. (see Section 6.3.1 of the UDO)
Ric Town of Emcrald Islc is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the COnstllntlOn of
North Carolina; name of municipal charter, if relevant); North Carolina General Statutes
143-214.7 and rules promulgated-bythc Environmental Mana Jcment Commission
thereunder; Scssion Law 2006-246; Chapter 160A, S 174, 185.
(see Section 2,2.4, Paragraph (4) of the UDO)
A Stormwatcr Adnilmstra_t_or shall be designated by,-tljg Town_Ma er±to administer and
enforce this ordinance. In addition to the powers"land duties that play be conferred by
other provisions of Chapter 16 of this Ordi�iance and, other laws, 11Ze,�Stormwatcr
Administrator shall have the following powers anBautics under this ordinance:
(b) To make determin,
(c) To cstabllsh appli
applications andg;a
, v'si
Commissioncr$ on
(d) To 1
nr'ov
(C)
ir'cmentsla"rid schcdLlRFS for submittal and review of
review anch make recomm.en,dations to the Board of
i for llevelolJillew or reclevelonment annrovals.
nce w'itl] its Cntorccnlent
lstratlon of this ordinance.
ML:
W, l
wm'wzi
to the
(0 To urovid`eZ'xncrtise 01d technical assistance to the Board of Commissioners upon
w-
rC uC5t.
(g) To desi Tn, ate appropriate other person(s) who shall carry out the powers and duties of
the Stormwater Administrator.
(h) To take any other action necessary to administer the provisions of this ordinance.
Sec. 16-13. Enforcement. (sec Section 9.5.2 of the UDO)
Enforcement of this_Ordinance may be enacted due to the followinf:

(a) Puhlic health nuisonce. Any development activity that is commenced without
prior approval of a stormwater management plan or is conducted contrary to an approved
stornlwater management plan as required by this chapter may be deemed a public health
nuisance and may be restrained by injunction or otherwise abated in it rllanrler provided
by law. (G.S. 160A-175, 160A-193)
(b) Civil penalties. In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter is subject to a civil
penalty. The civil penalty shall be not less than one hundred dollars ($100.00) nor more
than one thousand dollars ($1,000.00) Such person shall be guilty of' it separate offense
for each day during which the violation ocCur's or contirlucs. 1 f'.tl e�`violator does not pay a
civil penalty assessed by the town within thirty (30) days after it is (Iue, the lows may
institute a civil action to recover the amount of the penalty scsscd in the superior court
ol' Carteret County. An assessed penalty that is not contested is�du�whcll the violator is
served with it notice of violation. An assessment thavits-elvitested isdUe at the ConCIUSloll
ol'the administrative and/or judicial review oftlA� asscssnlcnt {NCGS 1Ci0A4175).
(c) Rbolemenl and restorution of lancl. Any'Viblator
All
land disturbed by the violator to its undisturbed condition.
TV -VI ,.
bring an action for mandatory and/or prohibitory injuQrlc
Should the violator fail to restore tl eW. ,�`l�a�nd in accord
abatement, the town may execute the ordcM.of abateme
property restored. (160A-175 ).�
(d) Notice of violcrl
zy�be required i restore the
In Such cases, the town shall
ion and order of abatement.
,e with the court's order of
land° levy a lien upon the
(I } Wilb-119fi��own building lnspcCto rdetermines that development activity is
not being -carried outtin accordance with the requirements of this chapter,
he/she shallkisssue a st r1<y3"rder and a written notice of violation to the
owrigrraof,the property. The notice of'violation shall contain:
it. Tlic tame aiid;liddress of'the owner or developer;
b. The -Street Adress when available or it description of' the building
struCturc, or land 1.11)011 which the violation is occurring;
C. Ass{atenlent specifying the nature of the violation;
d. A description of the remedial actions necessary to bring the
development activity into compliance with this chapter and a time
schedule for completion of such remedial action;
C. A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is
directed,
23

f. A statement that the town's determination of' violation may be
appealed to the board of adjustment by filing a written notice of
appeal with the tOwl1'S building inspector within fifteen (15) days
of service of notice of violation.
(2) The notice of violation shall be served upon the person to whom it is
directed in any of, or any combination of, the following methods:
a. By personal service upon the violator;
b. By mailing a copy of the notice of vioffion by certified mail,
postage prepaid, return receipt requesteC to such person ai his / her
last known address. Notice small be dcc "ed to be received if no
return is received within ten (10) days of thc'da(C of such malhng.
C. By posting a notice in a visible location upon t11 rolie rty where a
violation is or was occu ring. Notice of the vio' tioW shall be
0,...„ aaV
deemed to be received by`il�e violator immediately upon such
of41
Posting.
(3) A notice of violati n'+issued pursuant''tW�4this section constitutes a
determination from wh ban actin strativ i peal may he taken to the
board of adjustmcnt. ;,
(4) No actioriiriaction, or election of' remedy shall be construed as a waiver
of the�, oYwn's�°rglit to enforce.,
nfor e._any part of this chapter by any and all
remedtespnrovidcd,hcrein.....�
(Ord. of 9-14-04(1}:5
z4�
i

.
'06W ReY��w 7�9 0c3
(p
� /' J � � %Z�'L`�'�]/ ar � t� L � L?Y GG��J/�j-j�/�'�7 � V. / � � _""' '%�•�
e)ac�
%
2 Z)
-31
1

Imperviousness
Drainage Area (ac)
Rainfall (in)
Runoff Coefficient2
Runoff Volume (ft3)3
Rainfall (in)
Runoff Coefficient2
Runoff Volume (ft)
Pre -developed Runoff Coefficient, C
Time of Concentration, k (min)
Intensity, I (in/hr)4
Peak Flow, Qp (cfs)5
Post -developed Runoff Coefficient, C
Time of Concentration, 4 (min)
Intensity, I (in/hr)4
Peak Flow, Op (cfs)5
Post -developed Curve Number, CN
Storage, S (in)6
Runoff, Q (in)7
Runoff Volume (ft3)8
Time to Peak, Tp (sec)9
Runoff Volume, (ft)10
Typical Single Family Residential Site Bell Cove Village
__
Sea Oats Village
WORA Parking Lot
Emerald Oasis Carroash
40.0%
72.5%
57.3%
29.8%'
67.3%
0,290
2.930
2.900
2.130
0.496
Current Town Rules
2
2
2
2
2
0,41
0.70
0.57
0.32
0.66
854.17
14946.08
11915.92
4923.50
2360.28
Universal Stormwater Program
1,5
1.5
1.5
1.5
1.5
0.41
0.70
0.57
0.32
0.66
640.63
11209.56
8936.94
3692.63
1770.21
Universal Stormwater Program - Oiff use Flow
Requirement
0.15
0.15
0.15
0.58
0.15
5.00
8.00
5.00
5,00
5.00
4.72
4.27
4.72
4.72
4.72
0.20
1.88
2.05
5.84
0.35
0.47
0.73
0.58
0.82
0,69
5.00
5.00
5.00
5.00
5.00
4.72
4.72
4.72
4.72
4.72
0.64
10,09
7.94
8,25
1,61
62.6
81.8
72.8
88.6
78.7
5.97
2.22
3.74
1.29
2,71
0.79
2.02
1.37
2.60
1.78
823.98
21455.04
14463,67
20119,85
3204,78
931.53
1529.47
1309.94
1754.14
1427.98
403.60
12566,67
7714.43
4236,50
1804,38
1 - Difference in Imperviousness, from 54.5% to 84.2%
2 - Simple Method, Runoff Coefficient = 0.05 + 0.9'IA where IA = impervious fraction
3 - Runoff Volume = Rainfall (in) ' Runoff Coefficient ' Area (ac)
4 - Intensity = g / (h + tj, where g = 134, h = 23.4 from Wilmington Regional Characteristics for the 1-yr, 24-hr storm
5 - Rational Method, Op = C'I'A
6 - S = 1000/CN - 10
7 - Q = (P - 0.2-S)" / (P + 0.B'S), where P = 1-yr, 24 hr rainfall (3.8 inches)
8 - Runoff Volume = Q ' Area
9 - Time to peak = Runoff Volume / (1.39 ' Op)
10 - Runoff Volume (Difference in Pre- vs. Post -development) = (QP-PM, - O"e) ' Tp

Current Town Rules I Universal Stumwatnr Prnnram
Area at Disturbance Tha[ Tit ors The Rule
1.0001 ft.
I O'l sq, ft.
ensi lasaat igallprl9
Hi
w
HIM
%Impervious Urn[
None
None
None
Nona
None
None - Exceptd Within
575' of ORW, Then 36
VOlume Treatment Required
2.0 inches
2.0 inches
2,0 inches
1.5 inches
1.5 inches
1.5 inches
Other Treatment Required
None
None
None
Diffuse Flaw for I-r. 24-
hr Storm
Diffuse Row Im l -yr, 24-
hr Storm
Otfiuse Flow la l-yr, 24.
hr Storm
- Assumna i net Au tmal late within i mile or sit waters
•• Project%Also Considered High Density If More Than 2 Dwelling Units Per Acre
STORAGE VOLUME REOUIREMENTS FOR VARIOUS EXAMPLE PROJECTS FOR ABOVE REGULATIONS
Typical Single Family Residential Sit
12.5001 ft. tract {0 29 acre)
Pro -development Condition - Undeveloped
654 co - It
640 cu. It. - 1.5 Inch Storage Requirement
Post-Deveiopmonl Condition - IS 000 sq- It.
400 cu. It, - Dilluse Flow Requirement
Impervious - Remainder is Lavm/Landscapingl
%Impervious . 40.0%
13e11 Cove Vtaooe
127.630 sq- It. tract (2,93 acre)
Pro -development Condition - Undeveloped
14,950 cu. ft.
11 210 cu. It, - 1.5 Inch Storage Requirement
Post•Davolopment Condition - (92,550 sc, fl_
12.570 cu. It, • Dill Flow Requirement
imparvious - Remainder is LawrvLandscapingl
% Impervious . 72.5%
Sea Oats Vtuaao
126.441 sq. It. tract (290 acre)
Pre�dovelopmeM Condition - Undeveloped
11,9213 cu. It,
6,940 cu. h, • 1.5 Inch Storage Requiremem
Post-Developmem Condition - (72,415 sq. ft.
7,720 au- It. - Ddfuse Flow Requirement
Impervious - Parnell is Lawn/Landscapingl
%Im rvious-57.3%
�ry —i--
WORA Parking LQ1
92,904 sq, If. tract (2.13 acre)
Pro -development Condition- 54%Impervious
4930 cu. ff.
3,700 cu. ft - 1.5 Inch Storage Requirement
P,
091-Development Conditon - (70,261 sq. It.
4.240 Cu. It - Diffuse Flow Requirement
Impervious - Remainder is Lawn/Landscaping)
% Impervious - 64,0%
Emerflld Ol Qal
21,603 M ft, tract
Pre -development Condition - Undeveloped
2,360 cu. h.
1,770 cu It. - 1.5 Inch Storage Requirement
ee Post-Delome pnt Condd en - (14,535 sq. It.
1.800 cu. It. - Dilluse Flow Requirement
Impervious - Remainder is LawNLandscaping)
%lmporvqus - 67.3%

,E1yI,O*1eAL.D 3-- SLE aKD, RE✓t'E v+/
Universal Stormwater Management Program J*0--VIA) ieEz-b , Go +J ` A- c-T--
Local Ordinance Provision Checklist for Coastal Counties
Z! a/zoo -7
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
DWQ to administer coastal local USMP ordinance, in whole or in art? Aldt(.(C a
2
Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but eart of larger common plan d 17
3
Desi nation of Stormwater Administrator Z 24
'7
4
Effective date of Stormwater Ordinance IM61WAIA14 22
5
Stormwater Permit Requirement 18,25
6
BMP Design Manual 141,1411 20
7
Conce t Plan and Consultation Meeting 4S 28
8
Requires control of at least first one and one half inch of rainfall d 34
9
30 foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures JALA A.1 33
✓
10
36 percent impervious density limit within 575 feet of SA waters 1 d 34
11
Removal of 85% Total Suspended Solids f 35
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs G f 34
13
Post-dev discharge rate equal to or less than pre -development rate for the 1 ear, 24 hour storm f
14
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c G, ly.1 f AW 4da05
15
Time limitlexpiration of a proval Ap, ff. le 30
16
As -Built Plans Requirement S 30
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wla proved plans h 35
18
Operation and Maintenance Plan 1 43
19
Annual Inspection Report Requirement 160 i 42,45
20
If 10,00 sq ft of disturbance, and one half mile and draining to SA waters, MEP fecal coliform control measures 1 39
21
No new sw discharge points to SA waters or expansion of existing sw conveyance systems drainjn2 to SA waters 2) 40
22
Diffuse flow of stormwater providing effective infiltration of lyr, 24 hr storm not considered a direct point of sw discharge 2 40
23
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 37
24
Stormwater Map shovAng geographic ordinance covers ea & location of all structural BMPs permitted under ord 18