HomeMy WebLinkAboutGLEN ALPINE_COMPLETE FILE - HISTORICAL_20060905'STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
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DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑ A
YYYYMMDD
W A Michael F. f'sasley, Governor
`O�� 9QG William G, Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
60 Un 7 Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen IL Sullins, Deputy Director
Division of Water Quality
September 5, 2006
The Town of Glen Alpine
K. Wayne Pollard, Mayor
P.O. Box 898
Glen Alpine, North Carolina 28628
Subject: Request for Waiver
Dear Mr. Pollard;
Pursuant to Session Law 2006-246, municipalities with a population of less than 10,000, are not
required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for
stormwater management unless the municipality is shown to be contributing to an impairment of State
waters, as determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the
requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and
they meet the following criteria:
➢ The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that
receive a discharge from the MS4 and has determined that storm water controls are not needed
based on wasteload allocations that are part of an EPA approved or established TMDL that
addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an
equivalent analysis that determines sources and allocations for the pollutant(s) of concern. The
pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter
that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil
and grease, and any pollutant that has been identified as a cause of impairment of any water
body that will receive a discharge from the MS4; and
➢ The permitting authority has determined that future discharges from the MS4 does not have
the potential to result in exceedances of water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and biological
impacts.
DWQ has reviewed the comments received, the requirements of state laws and administrative
rules, the rights of the municipalities, and our mandate to protect public health and environmental quality.
Based on that review, DWQ is granting the Town of Glen Alpine (populations less than 10,000) a waiver
from the requirements otherwise applicable to municipalities that own or operate a municipal separate
storm sewer system (MS4) within an urbanized area.
N. C. Division of Water Quality 1617 Mail Scrvicc Center Raleigh, North Carolina 27699-1617 (919) 733-5083
iA
VbMP
Customer Service
1-877-623-6748
Pursuant to Session Law 2006-246,.the Town of Glen Alpine may subsequently be required to
seek coverage under an NPDES permit if circumstances change.
Although requirements to seek an NPDES Permit to administer the six minimum measures in 40
CFR 122.34 has been waived for the Town of Glen Alpine, beginning 1 July 2007, any new development
that cumulatively disturbs one acre or more of land located in the Town of Glen Alpine, must comply with
the standards set forth in Section 9 of Session Law 2006-246. The Division of Water Quality will
administer and enforce the standards for development unless local government (municipality or county)
requests delegation to administration and enforcement of the standards set forth in Section 9 of Session
Law 2006-246. If you want to review the current Phase II Session Law 2006-246(Senate Bill S1566) you
can down load it from:
http://vr%vw.ncga,state.ne.us/
If you have any questions concerning this waiver or the post -construction requirements in
Session Law 2006-246, please contact me at 919/733-5083 ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: DWQ Asheville Regional Office
Stormwater Permitting Unit
DWQ Central File
TO WIN OF GLEN ALPINE
Post Office Box 898
Glen Alpine, North Carolina 28628
(828) 584-2622
(828) 584-21 l3 FAX
Mayor K. Wayne Pollard
Clerk Eva Moses
Police Chief Robert E. Lane
Fire Chief Jerry W. Causby
Attorney Louis Vinay
December 9, 2005
Mr. Mike Randall
Stormwater & General Permit Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Waiver from NPDES, Phase lI Requirements
Dear Mr. Randall:
Aldermen
Christine Abernathy
J. E. Mull
N. Jack King
Gerald W. Orders
Terry S. Pendley
d
r:
The Town of Glen Alpine is formally requesting a waiver from the Phase 11 stormwater permitting
requirements and fees under 40 CFR 122.32e. Our rational is based on limited staff, limited resources and
minimal infrastructure (MS4's).
The population of the Town of Glen Alpine at 2004 census was 1,095.
The majority of the MS4 stormwater management system for the Town of Glen Alpine and its ETJ is
composed primarily of open type ditches with a minimal amount of piping. Piping is primarily located in
the Central Business district and driveway connections. The system is in fair to poor condition with many
parts of the conveyance system installed in the early 1940's. Many of the open ditches have an erosion
problem due to the type and manner of construction. Due to the topography of the area many of the open
ditches are located between hills and allow for minimal sheeting action. Also, due to the topography areas
near the small tributaries and larger streams and Catawba River the areas are prone to flooding during
periods of intensive rain or flash flooding. The flow of run-off directly flows into the Catawba River or
flows into small unnamed tributaries or via Little Silver Creek to Catawba River. In 1997 the Town of Glen
Alpine started implementing Planning & Zoning in its corporate limits and ETJ with emphasis on erosion
and pollution control through regulation of building and density and types of construction.
The Town of Glen Alpine, N.C. has adopted the following Stormwater Ordinance and Best Management
Practices by ordinance, pursuant to NCGS 143-214.7 and Article 14, Section S of the Constitution of North
Carolina, and the Federal Water Pollution Act of 1972 and Phase II Stormwater Rules promulgated under it.
Stormwater Management Control Program for the Town of Glen Alpine. The purpose of this ordinance and
program is to protect, maintain, and enhance the public health, safety, environment and welfare by
establishing minimum requirements and procedures to control the adverse effects of increased post -
development Stormwater runoff, pinpoint illicit discharge into municipal stormwater system.
The Town of Glen Alpine has implemented Best Management Practices that included but are not limited to:
Erosion and Pollution control by Sub Division Ordinance, Catawba River Basin Shore Line Protection
ordinances, public education, improvements of town owned (MS4's), monitoring and permitting of all pre -
and post construction.
The Town of Glen Alpine has a very small business and very limited commercial buildings with no industry
located in our town or ETJ. The Town is primarily single-family low -density housing with very little
agriculture use.
Thank you for your help and co-operation. If needed we will be glad to supply any and all ordinances and
Best Management Practices.
Ancy,
Jerry W. Causby
Stormwater Administrator
F WAIF Michael F. Easley, Governor
`OI R pG William G. Ross Jr., Secretary
A
North Carolina Department of Environment and Natural Resources
co Alan W. Klimek, P. E. Director
Division of Water Quality
Q Colleen H. Sullins, Deputy Director
Division of Water Quality
November 1, 2005
The Town of Glen Alpine
Kenneth Wayne Pollard, Mayor
P.O. Box 898
Glen Alpine, North Carolina 28628-0898
Subject: Notice ofNon-Compliance
Dear Mr. Pollard;
In 1990; the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program
was promulgated under the Clean Water Act, Phase I relies on the National Pollutant Discharge
Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium"
and "large" municipal separate storm sewer systems (MS4s) generally serving populations of
100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase I1 Final Rule was promulgated in
December 1999, and is the next step in EPA's effort to preserve, protect, and improve the Nation's
water resources from polluted stormwater runoff. The Phase H program expands the Phase i
program by requiring additional operators of MS4s in urbanized areas and operators of small
construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality
and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater
discharges that have the greatest likelihood of causing continued environmental degradation.
The NPDES Stormwater Phase lI Final Rule requires nationwide coverage of all operators
of small MS4s that are located within the boundaries of the Bureau of Census defined "urbanized
area" based on the latest decennial Census. The Town of Glen Alpine was notified in writing on
November 6, 2002, (copy attached) that it had been identified as being located within a census
designated urbanized area. As a regulated public entity, the Town of Glen Alpine is required to:
1. File a certification that the village of Town of Glen Alpine does not own or operate a
small MS4
2. Request a waiver, or
3. Develop a written stormwater management program and submit the stormwater
management plan along with an application for a Phase lI Stormwater Discharge Permit.
The deadline for submitting, non -ownership certification, a request of waiver, or your
application package was May 6, 2004. Application and certification documents, as well as
additional information on the NPDES stormwater program, are available for download at our web
site:
http://h2o.enr.state.ne.us/su/NPDES_Phase_ II_Stormwater Program.htm
Please submit a non -ownership certification, request of waiver, or permit application
package by December 31, 2005.
Thank you for your attention to this matter. These violations and any future violations are
subject to civil penalty assessment of up to $25,000.00 per day for each violation. If you have any
questions, please feel free to contact me (919-733-5083, ext. 545).
Sincerely,
Mike Randall
Stormwater Unit
cc: Central Files
Stormwater Unit Files
Asheville Regional Office
Anita S. Watkins, NCLM
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
11 /6/2002
THE TOWN OF GLEN ALPINE
KENNETH WAYNE POLLARD, MAYOR
P.O. BOX 898
GLEN ALPINE, NC 28628-0898
Subject: NPDES Phase 11 Stormwater Program
2000 U.S. Census - Notification of Coverage
Kenneth Wayne Pollard:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase 11 Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files
produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has
compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen
census -designated urbanized areas in North Carolina:
We are writing to you to notify you that the Town of Glen Alpine has been identified as being located within a census
designated urbanized area. As a regulated community, you are required to develop a stormwater management program
and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of
Glen Alpine does not own or operate a small MS4. The deadline for submitting your application package or
non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as
additional information on the NPDES stormwater program, are available for download at our web site. Our web address
is http://h2o.enr.state,nc.us/su/stormwater.htm1. If you have any questions about this letter, please feel free to contact me
(919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office ®'VA
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Cuslomer Service
1- 800-623-7748
of w A,rFA
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0 Y
Date: January 10, 2006
To: News Herald
Number: 828-437-5372
From: Sarah Young, Division of Water Quality
Subject: Public Notice
Pages: 1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Pursuant to 40 CFR 122.32, municipalities with a population of less than 10,000, are not required to
obtain a Phase 11 National Pollutant Discharge Elimination System (NPDES) permit for stormwater
management unless the municipality is shown to be contributing to an impairment of State waters, as
determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the requirements
otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the
following criteria:
> The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that
receive a discharge from the MS4 and has determined that storm water controls are not needed
based on wasteload allocations that are part of an EPA approved or established TMDL that
addresses the poilutant(s) of concern or, if a TMDL has not been developed or approved, an
equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and
The permitting authority has determined that future discharges from the MS4 does not. have the
potential to result in exceedances of water quality standards, including impairment of designated
uses, or other significant water quality impacts, including habitat and biological impacts.
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, February 7, 2006. Please fax a copy of the proof to me at 919-733-9612 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENR/DWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
The Town of Glen Alpine has requested a waiver from the requirements otherwise applicable to
municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized
area located in Burke County, within the Catawba River Basin. Comments must be received no later than
March 3. 2006. Submit comments to:
Mike Randall
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 545
Mike.randall@nci-nail.net
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-8053 Customer Service
1 800 623-7748
924 Cloverleaf Plaza
Kannapolis, NC 28083
Phone: Jeanna Sanders 704-789-9122
Amanda 8oan 704-789-9124
Fax: 704-789-9159
To: Sarah Young
Media General NC Community
Newspapers
Legal Advertising
Department
From: Jeanna Sanders
Fax: Pages -
Phone: MAV:
Re: M.
❑ Urgent x For Review ❑ Please Comment ❑ Please Reply 0 Please Recycle
• Comments:
Hi, Here's your proof Morganton New Herald. Cost $37.11 Thanks, Jeanna
Important
Time:
For:
From: [2cW _ C'"1'') C_
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Telephone.-
❑ Telephoned ❑ Please call
❑ Wants to see you ❑ Will call again
❑ Returned your call ❑ URGENT
❑ Was here to see you
Message: —91-s 141
tiJ
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Taken by:
Post -it° 7679.4 pSM 1993
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Tile Town of Bien Alptne teas
requested a woly& from the
requirements othe;,,M ap•
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own or operate a municipal
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(M9d) within an urbanized
area located In Burke County,
within the Catawba River Ba•
stn. Comments mast be re-
aeived no later than March 3,
2t , Submit cornwnts to:
Mike Randal
NC Drvislon of Water Quality
1617 Moll 5ervk:e Center
Raleigh, NC Z709.1617
Tdgftne Number.
(2191 73$5083
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PUBUSM; Jan 26, 20D6
JAN.24. 2006 . 9.33PM TOWN OF GLEN ALPINE NO. 852 P. 1
TOWN OF GLEN ALPINE
Post Office Box 898, Glen Alpine, NC 28628
(828) 584-2622 FAX (828) 584-2113
FAX COVER SHEET
FROM: Eva Moses, Town Clerk
FA.X #:
RE: '--))t �� o
DATE: IC�5- a C e
PAGES; 5
Message:
JAN, ?4, 2006 9:33PM TOWN OF GLEN ALPINE
924 Cloverleaf Plaza
Kannapolls, NC 28088
Phone: Jeanna Sanders 704.799-9122
Amanda loan 704-78"124
Fax: 704-789.9169
� Ef7 ; 7-AA
NO. 852 P. 2
Media General NC Community
Newspapers
Legal Advertising
Department
To- Eve From: Jeanne Sanders
Fax: Pages:
phaave: Date,
Re; CC,
M Urgent x For Review L7 please Comment a Please Reply Q Please Recycle
e Comments.
Hi, Here's your proof for Morganbon New Herald. Ad#468128. Cost $56.00 Thanks, Jeanne
JAN, 24. 200b 9:33PM
The Town of 010ji AI in9
has requealod a waiver
from Iho tegUiremento
otherwlse 9ppliC9bl9 to
munlcipol$n that am or
aperate a municipal
aeparolo Plum water
eyatern (M84) wlthln an
urbenhed area loeated
la SUrXo County, wllhln
the C91awbe RiVar Be-
gin, Oonlmenla must 1:9
recelv9d no later than
March 2,2060. 8ubmil
CQmmanta 10:
Miko Randall
14C Divtafon at wator
Quality
917 Malt S9Nice Center
e1olgh No 27699.1617
TalAone Num4er,
(9 ena7lo BacD08a•
MlkeLmndafl® ncmail.not
PUBLISH 1Jon F7, 2046
TOWN OF GLEN ALPINE
NO, 852 F. 3
NORTH C.#UWLINA
BURi:L COUNTY
AFUIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of Catawba County,
North Carolina, duly commissioned, qualified, and authorized
by law, to administer anths, in said County and State; that he/
she is authorized to make this affidavit and sworn stntement;
tliat the notice Or other legal advertisement, a true copy of
which is attached hereto, was published in
The News Hernid
mMm
M
J fir. A M
_
and that the Said newspaper- in which such notice,
or legal advertisement was published, was a newspaper
meeting all of the requirements and qualifications of Section
1-597 of the General Statutes of North Carolina.
Assistant Bodcke per
Sworn to and subscribed before me, this
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11URKE CIDUN`1'Y
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Before the undersigned, in Notary Public of Cntawba County,
North Carolina, duly commissioned, qualified, and authorized
by law, to administer oaths, in said Comity and State; [lint he/
site is authorized to wake this afficlavit anti sworn statement;
that the notice ov othe2• tegai advertisement, a u'uc copy of
which is attar lied hereto, was hublishcd in
Tilt News Herald
on the following Clntes:
and that the said newspaper in which such notice,
nr legal advertisement Was published, was a newspaper
meeting nil of [he requirements and qualifications of Section
1-597 of the General Staines of North Carolina.
Assistant Bo epee ,�t�uu,plulnlrggr4r
Mck��;A''.,,
SWOT-11 to and subscribed before me, this ti?� .,•"Y�
�. day of - 24D k4OTA/y
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C/I S SUB BCJ ,.'•
Nor ry P blic J` •• •��
My Commission Expires— r.t_ tr p�-Cf'/a '� co
The Town ot'Glen N'u�a has
requested a'-waider'-C. the
requirements otherwise` ap-
pliceble to municipaftfes that
own,ior—Opgmte .a municipal
separate storm sewer system
(MS4) wi h rl '. ah "urbanized
area,Ic%aied iri=Burke County,
within the Calav6ba River Ba-
sin.- Comments . must be re-
ceived no later than'March,3,
.2006. Suhmit ecmmenis to:" '
MikeAandafl-'41" a'" '
NC Di isi000fWalerQuality
1617 Mail Service Ce" wer
Raleigh: NC 27699-16171.
7eleph66e Number: '
(919) 733-5083 -
extensiori 545"
M ke.randap®Hama 1:ne1
PUBUSN: Jan26, 20W-
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71
LF
North Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Mr. Mike Randall, Wetlands and Stormwater Branch
Di s' of Water Quality
N6A..t.`(6" e' z
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 2 March 2006
SUBJECT: Request for Waiver to Phase II National Pollutant Discharge Elimination System
(NPDES) Permit for Stormwater Management for Villages of Alamance and
Tobaccovillc; 'Towns of Walker -town, Bermuda Run, and Glen Alpine; and City of King.
Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject
request and we are familiar with the habitat values of the area. Our comments are provided in accordance
with provisions of the Clean Water Act of 1977 (as amended), Nish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et seq.).
Municipalities with a population of less than 1,000 are not required to obtain a Phase 11 NPDES
permit for stormwater management unless the municipality is shown to be contributing to an impairment
of State waters. The Village of Alamance has a population of less than 1000 and has requested a waiver
under this provision. The State may waive the requirements otherwise applicable to the municipality if
the MS4 serves a population under 10,000 and they meet specific criteria- The Towns of Walkertown,
Bermuda Run, Glen Alpine; the City of King; and the Village of Tobaccoville have populations of less
than 10,000 and have requested a waiver.
The NCWRC is very concerned about direct and indirect impacts of widespread urban growth,
loss of headwater ecosystems, urban stormwater runoff and unmitigated stormwater issues, including
aggravated flooding, on the aquatic and terrestrial wildlife resources in North Carolina. The documented
decline in freshwater species is a direct response to declining quality of our streams and rivers. For
example, 21 % of freshwater fishes and 53% of freshwater mussel species in North Carolina are
designated endangered, threatened, or of special concern at the state level (LeGrand et al. 2001).
Federally endangered and threatened species are particularly affected by secondary and cumulative
impacts associated with urban development due to their sensitivity to slight habitat alterations.
The NC WRC will not oppose the issuance of a waiver for the Villages of Alamance and
TobaccoviIle; Towns of Walkertown, Bermuda Run, and Glen Alpine, and the City of King since no
federally listed species are known to occur in these watersheds at this time. However, we feel these
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 Fax: (919) 707-0028
'd SZ9L-6�b-9.EE queRig '1'S eso:01 90 20 jew
Page 2
2 March 2006
Request for Waiver
waivers should be re-evaluated periodically. Should significant increases in population, degradation of
water quality or aquatic habitat be found then the local municipality should be required to obtain a Phase
II NPDES stormwater management permit. Although these municipalities may not be required to obtain a
Phase H NPDES storrnwater management permit, we encourage each municipality to work proactively to
prevent water quality and aquatic habitat degradation that results from urban growth and development.
We offer the following measures to help reduce impacts to aquatic and terrestrial wildlife resources.
More detailed information on each of these measures can be found in NCWRC's Cruidance Memorandum
to Address and Mitigate &,condary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality (August 2002) which is located on the web at:
htt ://�%,,,v%r.ncwildlife.or 07 WildlifeS eciesCon/ 7c3 im acts. df
1. We recommend the maintenance or establishment of a minimum 100-foot native forested buffer along
each side of perennial streams and 50-foot native forested buffer along each side of intermittent
streams and wetlands. Buffer width averaging may be appropriate due to existing contours and
elevations if averaging provides the same overall acreage.
2. Delineation of streams should be conducted for the municipal service area according to U.S. Army
Corps of Engineers (USACOE) or N.C. Division of Water Quality (NCDWQ) methodology. This
information can be found at http://h2o.enr.state.ne_us/ncwetiands/strmfrrn.btmi. Stream delineation
should occur prior to site clearing activities including tree removal.
Sewer lines, water lines, and other utility infrastructure should be kept out of riparian buffer areas
(Knutson and Naef 1997; and references therein). Where practicable, utilities should follow the
contours along the edge of floodplain. All utility crossings should be kept to a minimum. The
directional bore (installation of utilities beneath the riverbed, avoiding impacts to the stream and
buffer) stream crossing method should be used for utility crossings wherever practicable, and the
open cut stream crossing method should only be used when water level is low and stream flow is
minimal. A minimum 50-100 foot setback on all streams, lakes, and wetlands should be maintained.
Pesticides should not be used for maintenance of rights -of -way within 100 feet of perennial streams
and 50 feet of intermittent streams, or within floodplains and wetlands associated with these streams.
4. Commercial or residential development within the 100-year FEMA floodplain and jurisdictional
water floodplains should be prohibited and entire floodplain should be protected as undisturbed
forested areas. A no net loss of floodplain capacity ordinance is recommended.
5. To adequately protect streams, it is suggested that impervious surface is limited to less than 10%.
Suggested examples to accomplish the <10% impervious goal are using conventional designs at a
level of <10% imperviousness or using conservation clusters with higher densities, with dedicated
open space and other stormwater control measures to mimic the hydrograph consistent with an
impervious coverage of less than 10%.
6. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the
need to fill and culvert, where practicable. if culverts must be used, the culvert should be designed to
allow passage of aquatic organisms. if multiple pipes or cells are used, at least one pipe or box
should be designed to remain dry during normal flows to allow for wildlife passage.
7. We recommend that municipalities incorporate the following elements into their erosion and sediment
control plans: minimize clearing and grading, protect waterways, phase construction for larger
construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes,
establish appropriate perimeter controls, employ advanced settling devices, implement a certified
contractors program, and regularly inspect erosion control measures.
E'Cl 909L-6bt-9EE quePig •1 •g eso =ol 90 ao -yew
Page 3
2 March 2006
Request for Waiver
Thank you for the opportunity to provide comments on this request for waiver. If we can be of
further assistance, please contact our office at (336) 449-7625.
Lileralure Ciled.
Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats:
riparian. Washington Department of Fish and Wildlife, Olympia.
LeGrand, J. E., Jr., S. P. Kali, and J. T. Finnegan. 2001. Natural Heritage Program list of the rare animal
species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and
Recreation, Department of Environment and Natural Resources, Raleigh.
ec: Ron Linville, WRC
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Date 03102/06
Number of pages including cover sheet
To: Mike Randall
NC Wildlife Resources Commission
Habitat Conservation Program
P. 0. Box 129
Sedalia, NC 27342-0129
From: Shari Bryant
Phone 919-733-5083 x545 Phone
Fax Phone 919-733-9612 Fax Phone
CC:
REMARKS:
336-449-7625
336-449-7625
❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
Stormwater Waivers -- Village of Alamance and Tobaccoville, Towns of Walkertown, Bermuda
Run, and Glen Alpine, City of King.
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