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HomeMy WebLinkAboutGREEN LEVEL_COMPLETE FILE - HISTORICAL_20140810-STORMWATER DIVISION CODING SHEET Municipalities N.OT MS4 PERMIT NO. NCS0000_ L1 �, I�t'� r� �-- DOC TYPE ❑ COMPLETE FILE -HISTORICAL MOST RECENT DATE ❑ aU (0 YYYYM M D D V)e Eobin of MAYOR AND COUNCIL MEMBERS LARRYMCCOLLUM, MAYOR MICHAEL TROLLINGER, MAYOR PRO TEM REMONIA ENOCH. COUNCIL MEMBER CARISSA GRAVES, COUNCIL MEMBER THEODOREHOWARD, COUNCIL MEMBER Orem `Leber OFFICE OF THE TOWN ADMINISTRATOR DANIEL B. GERALD, MP A TOWN ADMINISTRATOR $AN CCOLLUM,TOWN CLERK V August 10, 2014 4 Mike Randall NC DENR, Division of Water Quality AU�oi� Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 - W Subject: Town of Green Level — NPDES Phase 11 Program Request for Waiver of NPDES Permit HNCS000437 CHARTERED IN 1990 Dear Mr. Randall: The Town of Green Level has been a permitted NPDES Phase 11 municipality since 2005 when it was issued a permit due to its proximity to the urbanized municipalities of the City of Burlington and the Town of Flaw River. Despite its proximity to the City of Burlington and Town of Flaw River, the Town of Green Level is primarily a rural community and is not a typical NPDES Permitted municipality. With this, as well as the positive report from the Town's 2014 permit audit, the "Town of Green Level requests a waiver from the NPDES Phase 11 Permit. As a condition of this waiver, and to remain in compliance with the Jordan Nutrient Strategy Stage I Adaptive Management Program, the Town will maintain the following current Stormwater Programs: 1. Public Education Program. 2. Post -Construction Runoff Ordinance and Program. a. Including its Stormwater BMP Maintenance Program. 3. Illicit Discharge Detection and Elimination Ordinance and Program. 4. Existing Development Retrofit Project Identification Program (for Jordan Lake). 5. Jordan Lake Riparian Buffer Protection Ordinance and Program. We have also included the Town's most recent NPDES Phase 11 Annual Report that covers the period from November 2012 through December 2013 and NCDENR's request for a waiver form. If you have any questions or need any further information please don't hesitate to call Sincerely, Daniel Gerald, Town Administrator cc: Rodney Gunn, Public Works Director Josh Johnson, P.E. Alley, Williams, Carmen, and King, Inc. State of North Carolina Department of Environment & Natural Resources Division of Energy, Mineral, and Land Resources REQUEST FOR A WAIVER OFFICIAL USE ONLY Date Received Site Visit Conducted RO Comments Recd Public Comments Request Approved This form is for use by Regulated Public Entities (RPE) to request a waiver from the requirement to apply for a stormwater permit for a municipal separate storm sewer system (MS4) pursuant to 40 CFR 122.32 paragraph (e). The request for a waiver must one copy of a Narrative of The Stormwater Management Program as described in Section III of this form. I. BACKGROUND INFORMATION Name of Regulated Public Entity Town of Green Level Status (federal, state, public, or other Local Government Type of Public Entity (city, town, counprison, school etc. Town County(s) Alamance Jurisdictional Area in square miles 1.35 Population 2,102 II. SIGNING OFFICIAL'S STATEMENT I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowin violations. le-)7A Signature Print Name iel Gerald Title Town Administrator Street Address 2510 Green Level Church Road PO Box P.O. Box 342, Mebane, NC 27302 City Green Level State NC Zip 27302 Telephone (336)578-3443 E-Mail daeralt@areenievelnc.com NPDES RPE REQUEST FOR WAIVER III. Narrative of The Stormwater Management Program Attach one copy of a narrative describing the stormwater management program. The report must be presented in the following order. 1. Population and Estimated Growth Rate 2. Jurisdictional Area 3. Describe Stormwater Conveyance System 4. Estimated Land Use 5. Identify the Receiving Streams 6. Identify TMDLs (if applicable) 7. Identify impaired streams, likely sources, and existing programs that address the impairment (if applicable) 8. List any existing water quality programs 9. Identify and describe any partnerships and/or inter -local agreements 10. Describe any state programs It. Identify any other entity that the regulated public entity relies on to implement or manage its stormwater program. 12. Identify points of contacts 13. Describe the public education and outreach program 14. Describe the public involvement and participation program. 15. Describe the Illicit Discharge Detection and Elimination Program. 16. Describe the post -construction stormwater program Describe practices to inspect and maintain municipally -owned facilities 17. Describe practices to inspect and maintain structural stormwater control devices 18. Describe practices to reduce polluted stormwater runoff from municipally -owned streets, roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop inlets, and drainage structures. 19. Describe any training programs for municipal staff. 20. Describe spill response procedures for those at Municipally Owned and/or Operated Facilities as well as those in the public right-of-way. Page 2 Form SWU-264-103102 August 14th, 2014 Richard White Meeting Agenda Capital Projects 1. Lawrence Slade Park 2. Sidewalk Projects 3. W. Lebanon Water and Sewer Improvements 4. Beth Schmidt Park Planted Berm and Buffer Other Town Matters 1. Antioch Community Church Water and Sewer 2. Dale Phillips on Loop Road 3. Signal Improvements on Lebanon and Williamson 4. Unaccounted for Water 5. West End Fire Flow Test 6. Other Items N PDES Phase 11 Stormwater Annual Report Town of Green Level November 2012-December 1, 2013. Prepared by: Josh Johnson, P.E. alley, williams, carmen & king, inc. engineers and architects 740 chapel hill road - post office box 1179 Burlington, north carolina 27216-1179 Phone: (336) 226-5534 Fax: (336) 226-3034 e M Town of Green Level Report Outline • Introduction • NPDES Phase II. o Minimum Control Measures. • Public Education and Outreach. ■ Public Involvement and Participation. ■ Illicit Discharge Detection and Elimination. ■ Construction Site Runoff Controls. ■ Post Construction Stormwater Management. ■ Pollution Prevention and Good Housekeeping. • Impaired Waters and TMDL Waters. o Listing of Impaired Waters ■ Impairment Type. ■ Timeline for Improvements. • Current Status. • Jordan Lake Rules Compliance. o Overview, Background, and implementation Schedule. o Riparian Buffer Protection Program. o New Development Program, o Existing Development Stage 1 Programs. o Future Existing Development Stage 2 Programs. • Stormwater Funding. • Future Issues. • Program Contacts. Page 2 of 17 Stormwater Annual Report 2012-2013 Town of Green Level Stormwater Annual Report 2012-2013 Introduction On July 1, 2005, The North Carolina Division of Water Quality (DWQ) in the Department of Environment and Natural Resources (DENR) began issuing Phase II stormwater permits to municipalities in North Carolina under the National Pollutant Discharge Elimination System Program (NPDES). At the time, the NPDES Phase II Program was the latest stormwater program stemming from the Federal Clean Water Act of 1972. Prior to the Phase II program, EPA and NC DENR had issued NPDES Phase I Stormwater Permits to Cities larger than 100,000 persons. In North Carolina these cities were Raleigh, Charlotte, Fayetteville, Durham, Greensboro, and Winston Salem. The Phase 11 Program included distribution of Phase II permits to municipalities less than 100,000 residents and began with municipalities within Municipal Spheres of Influence (MSI) that were greater than 50,000 citizens. The Burlington Corridor represented a MSI of greater than 50,000 residents and each municipal separate storm sewer system (MS4) was given a Phase II permit. NPDES Phase Illll Communities, Exempted Municipalities`, & Tipped Counties with County -wide Post -Construction Refle:te 2011 cerpWate aaynCahes Post -Construction Areas per Session Law 2006-246 \ -Poll GOnstrtxlVn requil0lnenl6s:,11 apply ilside o:ernPWd InLlkipasry Guurtkrliesalvwd+ oe Implemented OW MO orde etpted auMolml (e.g , Ca.mty)- Legend Q Nrnrs �p+n,ax P RlinidpaYxf t F.l,b © Pre". II NSls(trom 7C11 Runadld) oMw ll tm063 6M4146 Note: Ahhough BnmswlcN, New Hanover, and til■ Nrt1C3 Pa t. Maw I JAS""Ltary ..® u2a+trea ueasC.`000 Csamisl OnMwme Phase It Tipped Counties, projects �O7 IIIIII� NPCES pem:maq Ph 11 NSuCe tea, ,ytis O[ermisl there are subject to the Coastal Stwnrmter Rules. - NPULS Prnrinlq Nhaae l KSt Qrrw.a 11 loMq[nnvnslPnAK rnrfm) N tli♦ NPOES P.anssd Phaw V11"o Eli 0 36 to tuw NNt)ES PfIT Ud PhaM II U34 7112)2M3 I_11l_I_LI_Ll The Phase II stormwater program was created with the intention of improving the quality of the nation's waterways by reducing the quantity of pollutants that stormwater transports into stormwater systems and discharges to surface water bodies. The permit require permittees at a minimum to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the municipal separate storm sewer system (MS4) to the maximum extent practicable. The stormwater program is composed of the following six management measures: Page 3 of 17 Town of Green Level Stormwater Annual Report 2012-2013 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Controls 5. Post -Construction Site Runoff Controls 6. Pollution Prevention and Good Housekeeping for Municipal Operations Each of these measures consists of required Best Management Practices (BMPs), measurable goals for each BMP and an implementation schedule for the 5 year permit cycle. Additionally, the Town of Green Level has a Comprehensive Stormwater Management Program and completes annual reporting about the NPDES Phase II Program. Because the NPDES Program concentrates on water quality it has limited provisions concerning water quantity and flooding controls. In November 2011, after several months of discussion, NC DWQ issued a renewal of the Town's NPDES Phase Il Permit. This renewed permit is similar to the original permit with a few additional requirements included. A copy of the permit is available either through Josh Johnson, P.E. or through NC DEMLR. This Report is intended to complete the Annual Report specifying the Town's progression in implementing the NPDES Permit and Comprehensive Stormwater Management Plan. It is also intended to give readers a comprehensive idea of the Town's full Stormwater Program including the Town's Jordan Lake and Water Quantity Programs as well as the Town's current funding structure. NPDES Phase 11 Minimum Control Measures Each of the 6 Minimum Control Measures (MCM's) has a set of best management practices (BMP's) that are intended to foster compliance with both the Town's Permit and CSWMP. These specific BMP's can be found in both the Permit and the CSWMP but highlights and specific actions will be noted in the report. Public Education and Outreach The Town operates a Public Education and Outreach program that is designed to educate the general public about the need to improve water quality in stormwater. The general objectives are to distribute education materials to the community and/or to conduct equivalent outreach activities about the impacts of storm water discharges on surface waters and the steps the public can take to reduce pollutants in stormwater runoff. These objectives have been further refined to target residents, school children, local businesses (specifically gas station owners and landscaping companies) and industry because these groups have the most impact on stormwater pollution prevention. The education program targets total suspended solids (TSS and Sediment) and nutrient loading because turbidity, sedimentation, and nutrients are the pollutants of concern in downstream waters. Page 4 of 17 Town of Green Level Stormwater Annual Report 2012-2013 The Town partners with Stormwater Smart, an education and outreach organization hosted by the Piedmont Triad Regional Council (PTRC). Stormwater Smart is a cooperative group that is funded by several Piedmont municipalities. It was created in 2005 to provide education and outreach for the new MS4 Permittees (like Green Level) and concentrates on direct education of school children and residents. The Stormwater Smart Outreach and Education Coordinator is Elizabeth Jernigan and a copy of the Stormwater Smart's Annual Report is enclosed with this report or available at http://www,stormwatersmart.org/pd­f/"Annual%2OReportsl2Ol2-2013 Annual Report Web.pdf and provides a comprehensive outlook for the Fiscal Year 2012-2013 period. Appendix A of the annual report provides specific details of outreach efforts within the Town of Green Level. Elizabeth can be contacted at eiernigan@ptrc.org or at (336)904-0300. The Town has stormwater educational handouts available at Town Hall from Stormwater Smart but no longer has a link to Stormwater Smart on its own website. A future improvement on the Town's part could be to link to the Stormwater Smart website from the Town's website. The Town could also seek outreach opportunities within Green Level that Stormwater Smart could take advantage of. Project WET Teacher Training June 20, 2013 Project WET Teacher Training 22 `Alamance County Teachers Nature Center at Glencoe Mill Ongoing Board Member `Mebane, Graham, Burlington, Haw River, Green Level, Elon Media Coverage June 21, 2013 Media Coverage of Stream Watch 'Mebane, Graham, Burlington, Haw (see AppendixG) River, Green Level, Elan Hawfields Middle School March 13, 2013 Enviroscape (Bth grade) 120 *Burlington, Mebane, Graham Hawfields Middle School May 6, 2013 Enviroscape (6"'Gradej 100 *Burlington, Mebane, Graham Total 242 Stormwater Smart Outreach Efforts in Alamance County Public Participation and Involvement The Town has a responsibility to solicit and consider public opinion on all matters, including stormwater management. Many times this involvement is lacking but the Town is required to continue to solicit public involvement. The Town of Green Level is currently in this situation. The Town originally involved the public with a public hearing in 2005 and attempted to create a citizen's committee during the first permit cycle but could not generate adequate interest. The Town has been receptive Lo any questions from citizens, maintains a helpline (Town Hall at (336)578-3443 and has worked with Stormwater Smart to educate the public but continues to struggle to establish effective Public Participation and Involvement. The Town did not hold a Stormwater Public Meeting in calendar year of 2013 but will hold one in the second quarter of 2014. This public meeting will seek input on the stormwater program and will provide input to the Town as well as education to the citizens. Page 5 of 17 r Town of Green Level Stormwater Annual Report 2012-2013 Illicit Discharge Detection and Elimination The Town of Green Level has a full Illicit Discharge Detection and Elimination (IDDE) Program. The IDDE Program is intended to reduce discharges to the stormwater system that are not entirely composed of stormwater. There are a few permitted discharges and firefighting related discharges that are allowed. An illicit discharge is typically dirt, soap, pet waste, litter, oil, fertilizer, pesticides, or raw sewage and often times comes from "generating sites." Generating sites are points of pollution that continue over a period and are recurring at regular or irregular intervals. The backbone of the IDDE program is the IDDE Ordinance that the Town passed in 2007. The IDDE ordinance provides permits specific discharges into the MS4 as legal, provides legal authority to restrict illegal discharges, prohibits illicit connections, provides conditions for cleaning up and preventing polluted spills, provides for right of entry into property to investigate prohibited activities, and provides the Town with options for enforcing the Ordinance. The IDDE Ordinance is based on the NC DWQ's Model Ordinance. The second basis for the IDDE program is the Town's MS4 Map. The mapping program was completed in the first permit cycle by GPS mapping and is now usable in a GIS format. The map includes the entire MS4 system and provides for easy access to aid in the investigation of illicit discharges. The Town's MS4 if very rural in nature with very little curb and gutter or typical urban drainage systems. An investigator with the map could find an illicit discharge and then easily follow the flow of the discharge upstream until finding a source of the discharge. tP d 14 ,.;� .�'` � � fl � `°':; • .» may:$ 4'a;.`'�'Y�'�.�oui��'' -''�-\ = .- 'i TOWN OF GREEN LEVEL MS4 Map Page 6 of 17 Town of Green Level Stormwater Annual Report 2012-2013 The map was originally published as a map book but generally is used on a watershed basis or through ArcGIS software. If a specific area is needed it can be printed by either Stormwater or Town Staff. The map is intended to be updated on a regular basis as new development. The IDDE program also includes dry weather testing of outfalls into the stream system. In the first permit cycle this was conducted in coordination with the mapping. Outfalls that had dry weather flows were reported and investigated. Town Staff are trained on an annual basis to identify illicit discharges and the reporting process for these discharges. This training is combined with the Pollution Prevention and Good Housekeeping training of public works and utilities staff. A possible future improvement would be multiple trainings annually and/or including other staff members. In 2013 the training was done by Josh Johnson of Alley, Williams, Carmen, and King and Elizabeth Jernigan of Stormwater Smart. Previous presenters include Mitch Woodward of NC State, Connor Boyle of AWCK, and Michael Layne of the Town of Burlington. The trainings vary from 90 minutes to 2.5 hours and are well attended. m�l� ol.�nn�. o.e.rrle..na oldn.iien �atlutksn �rwentlen +4L41� Iu G rzT/Y5 :h . - - - d4o'm nr - — "r'u'r 7Zt'QNG V"It$ 420�;/ E_s -RANv�+�•- . 1 or.LL _ �.rr;•.zlLlrvn, %' zwlrK/ 7?�,F.r-.✓_-rL._ �F1et f!w� IadG t/!✓r,_c: f'r..I. d�/r�..__,._....—�p�,t��"' Ail�.,s— _��w�Sft � �t',�.d„:al .G,Yr / i'v/.a•—k{� _�`��.,� .—%S�•'?,:-nJ =cf��+il!�1.+.2:a Ci.{lldl�. �.�-E" • r- ���ti�� �c,�•,M-- I�e� r - T" mar _ IDDE/PPGH Training Sign In Sheets Page 7 of 17 Town of Green Level Stormwater Annual Report 2012-2013 Construction Site Runoff Controls The Town of Green Level delegates the Construction Site Runoff Controls to the NC DENR Division of Land Quality. The Town of Green Level does not have a delegated erosion control program but does make sure that plans it approves that will disturb greater than 1.0 acres of land apply for, and receive, and erosion control plan. The Town of Green Level also has the ability to call NC DEN to report known sedimentation issues. A possible improvement could be NC DENR's responsiveness to Town generated complaints, which has been less than effective in the past. Post Construction Site Runoff Controls The Town of Green Level has a typical NPDES Phase II Post Construction Program. This includes a Post Construction Ordinance, administrative forms that support it, and a review process. The Post Construction Program applies to projects that exceed 1 acre of disturbance or have a common plan of development that will cumulatively exceed 1.0 acres of disturbance. Projects that exceed 24% built - upon area are considered high density projects, projects that are less than 24% BUA are low density projects. High Density Projects are then required to meet the following requirements: • Treat runoff from the first 1" of rain (the first flush). • Treated Runoff is to be for 85%TSS removal. • Discharge treated water at a rate less than or equal to the Predevelopment rate for the 1 year 24 hour storm. • Discharge treated water between 48-120 hours. • Stormwater Control Measures must be in easements and must have a recorded operation and maintenance agreement. • Compliance with the Jordan Lake Riparian Buffer Protection Ordinance. Stormwater Control Measures, as well as runoff calculations, are prepared based upon the NC DWQ BMP Manual and then reviewed by Josh Johnson, P.E. Low Density projects are required to comply with the Jordan Lake Buffer Protection Ordinance that went into effect in fall 2011. Both Low and High Density Projects are required to comply with the Town's Storm Sewer Design Manual which governs storm drainage design as well as peak runoff rates. The Town of Green Level has a low density water supply watershed ordinance that restricts built upon area within the critical area of the watershed to 5%. When a project is submitted to the Town, it is reviewed by Town Staff. Town Staff determines if the project is subject to the Stormwater Ordinance and High Density or Low Density. If it is then Town Staff contact the Stormwater Reviewer (Josh Johnson, P.E. of Alley, Williams, Carmen, and King, Inc.). After his review then review comments are made about the project and addressed. After approval of the project, the owner is required to complete an Operation and Maintenance Agreement for the stormwater control measures. This 0&M agreement is then recorded with the register of deeds so that it can reviewed at a later point in time. Page 8 of 17 Town of Green Level Stormwater Annual Report 2012-2013 The Town of Green Level requires as-builts and annual inspection reports from new stormwater control measures (SCM) but At this point in time no new BMP's have been constructed under the Town's Stormwater Ordinance. Pollution Prevention and Good Housekeeping Pollution Prevention is an overall goal of the Town's stormwater management plan and Good Housekeeping is a key to that goal. Municipalities in general conduct many activities that can pose a threat to water quality. Municipal facilities are the primary potential source of contamination but with good housekeeping habits this potential can be reduced or eliminated. The Town attempts to minimize stormwater pollution from municipal operations by complying with best management plans for each Town facility. The BMP's are written into a Town Facilities O&M Plan that is intended to reduce or eliminate stormwater exposure of oil, grease, pesticides, herbicides, fertilizers, sediment, and other materials used by the Town. Each of the Town facilities is inspected annually and any issues are noted, written into the Facility O&M Plan, and discussed with the facility supervisor. The Town operates a Town Hall and a park with a playground, two picnic shelters, and a restroom facility near the shelters. The Town also operates several pump stations. Each of the Town facilities is inspected on a regular basis and any new facilities will be added to the inspection list. Town staff with the greatest exposure to stormwater are trained on PPGH once annually. The training is combined with illicit discharge detection and elimination training. The PPGH portion of the training concentrates on good housekeeping functions. This often includes identification of bad habits that can take place and how to fix the situation to reduce the risk of pollution to stormwater. Impaired Waters and Total Maximum Daily Loads (TMDL) The Town of Green Level does not have any impaired waters within its jurisdictional area. Jordan Lake Rules The Town of Green Level is within the Jordan Lake Watershed and is subject to the Jordan Lake Nutrient Strategy. The Jordan Lake Nutrient Strategy is composed of a set of regulatory rules enacted in 2009 that have since been augmented or replaced by a series of NC General Assembly Session Laws. The following rules are often referred to as the Jordan Lake Rules.: 15A NCAC 02B_0262 - Purpose and Scope (See #4 below.) 15A NCAC 02B .0263 - Definitions 15A NCAC 02B .0264 -Agriculture 15A NCAC 02B .0265 - Stormwater Management for New Development (See #2, #5 and #6 below.) 15A NCAC 02B .0266 — Stormwater Management for Existing Development (Replaced by #1 below.) 15A NCAC 02B .0267 - Protection of Existing Riparian Buffers (See #2 below.) 15A NCAC 02B .0268 — Mitigation for Riparian Buffers 15A NCAC 02B .0269 - Riparian Buffer Mitigation Fees to NC EEP Page 9 of 17 Town of Green Level Stormwater Annual Report 2012-2013 15A NCAC 02B .0270 — Wastewater_ Discharge Requirements (See #1 and #3 below.) 15A NCAC 02B .0271— Stormwater Requirements for State and Federal Entities (See #2 below.) 15A NCAC 02B .0272 - Fertilizer Management 15A NCAC 02B .0273 - options for Offsetting Nutrient Loads 15A NCAC 02B .0311- Ca pe Fear River Basin 1. Session Law 2009-216 signed into law June 30, 2009. (Disapproves the Jordan Stormwater Management for Existing Development Rule and establishes substitute requirements. Also delays the nitrogen compliance date by two years for existing dischargers under the Wastewater Discharge Requirements Rule.) 2. Session Law 2009-484 was signed into law Aug. 26, 2009. (Part II revises three Jordan rules, including Stormwater Management for New Development, Stormwater Requirements for State and Federal Entities and Protection of Existing Riparian Buffers.) 3. Session Law 2011-394 signed into law July 1, 2011. (Section 14 provides a further, conditional two- year delay delay of the nitrogen wastewater compliance date for existing dischargers under the Wastewater Discharge Requirements Rule.) 4. Session Law 2012-187 signed into law July 16, 2012. (Section 12.1 creates a limitation affecting the Purpose and Scope Rule to narrow the applicability of certain surface water standards in WS-V waters.) 5. Session Law 2012-200 signed into law Aug. 1, 2012. (Section 11.(c) extends the allowable local program implementation date of the New Development Stormwater Rule.) 6. Session Law 2012-201 signed into law Aug. 1, 2012. (Section 9.(e) of this law revised the local program implementation date of the New Development Stormwater Rule by two years. Separate SL 2012-201 contains the same provision). 7. Session Law 2013-395 signed into law Aug. 23, 2013 (SB 515 continues the current Jordan Lake water quality measures, including 15A NCAC 02B .0267 Protection of Existing Riparian Buffers Rule, but delays additional measures that were to be implemented July 1, 2013 or later, for three years. The law also modifies existing Protection of Existing Riparian Buffers Rule to allow some exempt uses, including the permitted piping of streams by the U.S. Army Corps of Engineers and an expanded definition of "airport facilities." These changes are required to be adopted by the Environmental Management Commission in an amended rule. The delayed measures include the Jordan Lake Rules, 15A NCAC 028 .0262 - .0267, .0270 - .0272, .0311, as well as the Jordan Lake Session Laws.) Jordan Lake Background, Rules, and Implementation Schedules Jordan Lake was impounded in 1983 by damming the Haw River near its confluence with the Deep River. It was created to provide flood control, water supply, protection of water quality downstream, fish and wildlife conservation, and recreation. The lake has had water quality issues from the beginning, with the North Carolina Environmental Management Commission declaring it as nutrient -sensitive waters (NSW) the same year it was impounded. Since that time, Jordan Lake has consistently rated as eutrophic or hyper-eutrophic, with excessive levels of nutrients present. "Eutrophic" is an over -abundance of nutrients in the lake, primarily Page 10 of 17 Town of Green Level Stormwater Annual Report 2012-2013 nitrogen and phosphorus, which can result in algal blooms and poor water quality. Nutrients make their way to the lake from sources such as wastewater discharges, rainfall runoff from agriculture and stormwater runoff from new and existing developed lands throughout the watershed. Excessive nutrient inputs can drive excessive growth of microscopic algae, which imparts a greenish, murky appearance to the water, causes taste and odor problems in potable water, and robs the water of oxygen. This can then stress or kill fish and other aquatic life. Excess nutrients also favor the growth of undesirable algae that does not support the food chain and can release toxins into the water. While not necessarily making the lake unfit for fishing, swimming or drinking uses, excessive nutrients can impact these uses and produce undesirable algae in the lake. The Jordan Lake Rules are designed to protect and improve water quality in the lake. The rules were developed over several years through a process that involved extensive meetings, public hearings and negotiations between residents, environmental groups, local and state government agencies and other stakeholders in the watershed. Specific issues addressed by the rules include reducing pollution from wastewater discharges, stormwater runoff from new and existing development, agriculture and fertilizer application. The primary rules that affect local governments (like the Town of Green Level) are the Stormwater Management for New Development, Stormwater Management for Existing Development, Protection of Existing Riparian Buffers, Wastewater Discharge Requirements, Options for Offsetting Nutrients Loads, Session Law 2009-216, Session Law 2009-484, Session Law 2011-394 and to a lesser extent the Fertilizer Management Rule. The Protection of Existing Riparian Buffer Rules was implemented in 2011 after the Stage 1 Existing Development Programs were adopted in 2009 and Waste Water Treatment Plant compliance with Total Phosphorous limitations by January 1, 2010. The New Development Programs, Stage 2 Existing Development Program, and Wastewater Treatment Plant Compliance with Total Nitrogen Limitations were all delayed for 2 years. This establishes the following compliance timeframes for these rules: • New Development Programs —August 2017. • Stage 2 Existing Development Programs — 2017 for the Upper New Hope Creek Watershed (Durham), 2020 for the Haw River Watershed. • Wastewater Treatment Total Nitrogen Limits — 2019 (Unless enacted with 2016 Permit Renewals). Additionally, Session Bill 2013-395 created a study to determine if "mechanical circulation" within Jordan Lake could reduce algal growth within the lake. This study will be completed by NDENR and Medora Corporation for $1.44 million and will include the leasing of 36 Solar Bee Circulators. The Solar Bee's, similar to the ones in the Green Level -Green Level Lake, are a relatively new technology and the outcome of the study is unknown at this point. Page 11 of 17 Town of Green Level Stormwater An nua I Report 2012-2013 In January 2014, a Legislative Jordan Lake Committee will begin meeting. The Jordan Lake Legislative Committee was commissioned to return a report to the full NC General Assembly in 2014. The committee, headed by Representative John Faircloth, of High Point, and Senator Rick Gunn, of Burlington, will meet on Wednesday, January 22`°d for the first time. Riparian Buffer Protection Program The Town's Riparian Buffer Protection Program was implemented in December 2010. The enforcement mechanism for the Buffer Protection Program is the Jordan Riparian Buffer Protection Ordinance that was approved by the Town of Green Level in December 2010. The Buffer Program establishes a protected buffer along surface waters (primarily perennial and intermittent streams but also ponds and other surface waters) shown on the USGS Quadmaps or the NRCS Soil Survey Maps. The buffer has two different zones: Zone 1 is the closest 30' from the top of bank in all directions; Zone 2 is from 30' to 50' from the top of bank in all directions. Zone 1 is to remain undisturbed while Zone 2 is to remain vegetated. The Buffer Ordinance is a change of use ordinance; therefore the regulations only apply if new development or a change in use takes place within the buffer. Changes in use can range from new development that goes through an approval process to clearing of the buffer for residential or commercial landscaping but any change of use within the buffer is subject to the buffer ordinance. The Buffer Ordinance also includes a Table of Uses that breaks down uses within the buffer to Exempt, Allowable, and Allowable with Mitigation. Any uses not in the Table of Uses are prohibited without a variance. Uses that fall in the Allowable or Allowable with Mitigation categories must submit a request to the Town for written authorization prior to disturbing the buffer. These uses also must show that there are no practical alternatives to the requested use. In showing the no practical alternatives, users must show how they are minimizing the impacts if possible. Page 12 of 17 Town of Green Level Stormwater Annual Report 2012-2013 Zone 1 - 30 feet Zone 2 - 20 feet Stream 8e[I neescoal water atxi 54A asps nuts lents slahilUe stienm bank th+t plants use fa 9404,16 The Town includes Riparian Buffer Protection Program training with its annual employee training but generally limits inspections of buffers to complaints about buffer clearing or Town Staff reporting of impacts. The Town tracks buffer impacts but tries to handle first time offenders by requiring replacement of the buffer and education of the offender, rather than fining first time offenders. New Development Programs The Jordan Lake New Development Rule, 15A NCAC2B .0265, sets out standards that named communities are to incorporate into local stormwater programs, and requires the Division of Water Quality to develop a model local stormwater program for those communities to use to create a New Development Program that complies with the rule. The Jordan Lake New Development Ordinance is the legal mechanism that local governments will use to enforce these standards on new development projects greater than Y. acre in disturbed area (or 1 acre for single family residential). Most communities within the Jordan Lake watershed are existing NPDES MS4 Phase II communities that have existing Phase II Stormwater Post -Construction Ordinances which are centered around 85%TSS treatment of the 1" storm for developments over 24% impervious and a 1 acre disturbance threshold. The Jordan Lake New Development Rule is centered on removal of Nitrogen and Phosphorous from stormwater and a %, acre disturbance threshold. These two pollutants can be removed with many of the same processes as TSS but at differing removal rates and with a different calculation to determine the effectiveness of the treatment processes. The Town of Green Level will combine its NPDES Phase II and Jordan Lake New Development Standards into one comprehensive stormwater ordinance. This will reduce confusion between the two ordinances on the part of developers, designers, reviewers, staff, and the public by creating'one set of standards for review. The Town created, submitted, and had a full program approved in the summer of 2012. However, the Town chose to delay implementation until a future date (in accordance with legislation from 2012 and 2013). The Town's 2014 study of the overall Jordan Lake Compliance Strategies may contain Page 13 of 17 Town of Green Level Stormwater Annual Report 2012-2013 recommendations about early adoption of the Program. In order to gather data for future compliance, the Town will begin requiring new development to complete the Jordan/Falls Nutrient Load Accounting Tool in 2014. The tool will not be used for regulatory compliance at this time but will be used to educate the Town on future development. Existing Development Stage 1 Programs The Town of Green Level submitted a Stage 1 Adaptive Management Program to reduce existing nutrient loading to Jordan Lake in 2009. Often referred to as the Stage 1 Existing Development Program, the Program credits the NPDES Phase II Stormwater Program as the primary steps in the program along with requiring the Town to create a Retrofit identification Program. The Existing Development Program requires annual updates but full reporting is only required for the Retrofit Program because of this annual NPDES Phase II Report. This retrofit program is intended to provide a framework for identifying retrofit opportunities to reduce nutrient loading in the Jordan Lake Watershed. The program is intended to identify both structural and non-structural retrofits that seek to reduce pollution, and nutrients, from being carried downstream by stormwater runoff. By either controlling stormwater runoff or reducing the pollution in the runoff, stormwater retrofits reduce downstream pollution in streams, rivers, and lakes. Typical structural stormwater retrofits are stormwater wetlands, bio-retention basins, water quality ponds, and other devices found in the NC Division of Water Quality Best Management Practices Manual (NC DWQ BMP Manual). Non-structural retrofits include but are not limited to fertilizer programs, reducing animal waste programs, urban forestry programs, and leaking septic tank replacement programs. The Town of Green Level will use this program annually in a review of the stormwater program that will include reviewing the public education program, reviewing the illicit discharge program, and using this program to have an accurate and up to date list of potential retrofit projects. The Town is required to select a number of projects based on the following chart: Table 1: Minimum Number of Existing Development Nutrient Load -Reducing Projects Population in the Jordan Lake Watershed Minimum Number of Existing Development Load Reducing Activities to be Identified Annually Less than 15,000 1 15,000-30,000 2 30,000-60,000 3 60,000+ 4 In 2013 the Town of Green Level identified a bio-retention basin at the Green Level Park as a potential nutrient reducing BMP. The Bio-retention basin would be within the water supply watershed of the Graham -Mebane Lake, is on public property, could treat runoff from 20+ acres (including from the Public Works Facility) and is projected to reduce nutrient loading by at least 2.0 Ibs/ac/year. Page 14 of 17 Town of Green Level Stormwater Annual Report 2012-2013 In the future the Town could investigate the reductions associated with improvements to the collection system and how those improvements may be accredited in the future. Future Existing Development Stage 2 Programs The Town of Green Level will probably be required to establish a Stage 2 Adaptive Management Program in 2020. This requirement will be based upon the future testing of the water quality within Jordan Lake. At this point in time we view this requirement as likely. The Stage 2 Existing Development Programs will be intended to eventually reduce 8% of Total Nitrogen Loads and 5% Total Phosphorous Loads from the 2001 Baseline Period along with all TN and TP Loads from the Baseline Period until adoption of the New Development Program. NC DWQ through a contract process that involved the Nutrient Scientific Advisory Board (NSAB), remodeled the Jordan Lake Watershed and released preliminary reports in November. The remodeling study, completed by Tetra Tech, provided nutrient loadings for individual jurisdictions for the baseline period and for the post baseline period through 2010. These jurisdictional loadings are the first jurisdictional modeled loads that have been produced for Jordan Lake and will allow for the most accurate estimate (to date) for the retrofits needed and the costs associated with reaching water quality standards within the lake. Page 15 of 17 Town of Green Level Stormwater Annual Report 2012-2013 The Stage 2 Programs will also have additional nutrient reduction measures that credit will be available for. These nutrient credits were established through another contract from NC DWQ and the NSAB that established accounting a new crediting program for the following items: • Remedy Malfunctioning Septic System. • Remedy Discharging Sand Filters. • Volume Pond Retrofits. • Improved Street Sweeping. • Stream Restoration/Enhancements. • Diverting Impervious Runoff to Pervious Areas/Impervious Disconnection. Crediting of these measures will greatly improve the flexibility that affected parties (like Municipalities) have in achieving the required load reductions. The cost of these load reductions will be substantially reduced by including these strategies into the overall compliance strategy. The release of these recent studies will be included in an overall Compliance Strategy Study for the Town of Green Level that will be completed in 2014. This study will evaluate the feasibility of all options for the Town of Green Level, will include trading options, and will include the most comprehensive and accurate financial assessment of compliance for the Town to date. Stormwater Funding The Town of Green Level funds it's Stormwater Programs through the general fund. Because of the Town's rural nature, the Town's stormwater programs have not required the additional funding of a utility. In the future, the stormwater budget may need to be increased in order to cover additional expenses for the Jordan Lake Rules. These increases may be done through creation of an Existing Residential Unit (ERU) style fee. The ERU is based on an impervious area per property calculation and is considered an equitable fee for stormwater cost calculations. However, the ERU will have a substantially higher startup and maintenance costs than a flat fee does. The Future of Stormwater Stormwater, and Water Quality in particular, is an evolving field of regulation. The Town of Green Level is already involved in NPDES Phase II, Water Supply Watershed, and Nutrient Sensitive Waters. Within the next decade the Town needs to plan for further regulation of these issues as well as several other outstanding issues. EPA continues to work on two potentially large future items that include a Numerical Nutrient Criteria for all surface waters and a National Stormwater Rule. The Numerical Nutrient Criteria is an EPA supported push towards establishing nutrient limits for all surface waters. Currently in North Carolina, generally only reservoirs have nutrient limits and the limits are based upon response indicators. The National Stormwater Rule, underway since late 2009 and sometimes called NPDES Phase III, will likely address the following four water quality standards: Page 16 of 17 Town of Green Level Stormwater Annual Report 2012-2013 • Designated uses of a water body, such as recreation, water supply, aquatic life, or agriculture. • Water quality criteria to protect designated uses, such as the metals criteria discussed above as part of North Carolina's ongoing triennial review. • Antidegradation policies that maintain and protect existing uses and high quality waters from pollutant discharges that unnecessarily degrade those waters. • General policies to address program implementation issues. The proposed wording of the rule is available at this time, and can be found here http://water.epa.sov/lawsregs/lawsRL idance/wqs index.cfm, although its implementation schedule is unclear but it is expected that it will include a step forward in the Town's NPDES Stormwater Program. Stormwater Program Contacts Name Position Phone # Email Raymond Herring Mayor (336)578-3443 hcloud@greenlevelnc.com Rodney Gunn Public Works Director (336)578-3443 rdpunn@greenlevelnc.com Josh Johnson Stormwater Engineer (336)226-5534 iosh@awck.com Page 17 of 17 AiA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins, Director June 29, 2007 Quentin T. McPhatter, Town Administrator Town of Green Level P.O. Box 729 Haw River, North Carolina 27258 Subject: Pen -nit No. NCS000463 Dear Mr. McPhatter: In accordance with your request to modify Pen -nit No. NCS000463, we are forwarding herewith the revised NPDES permit. This permit has been revised to be consistent with language in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the City's requests dated March 16, 2006. The revisions do not change the effective date of the original issuance. If your staff should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or by e-mail at mike.randall@ncmai1.net. Sincerely, Coleen H. Sullins cc: Central Piles {-Sto ater and-General-Per-mit.Uriit.Files DWQ Winston-Salem Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919-733-2496 / Internet: h2o.enr.slate.mus An Equal OpportunitylAffirmative Action Employer — 50% Recycledll 0% Post Consumer Paper NorthCarohna Naturallff Town of Green Level P. O. Box 729, Haw River, North Carolina 27258 2510 Green Level Church Road, Green Level, North Carolina 27217 Phone: 336-578-3443 Council Members: Algene Tarpley, Mayor Robert Farrington, Mayor Pro Tem Ralph Compton, Jr. Finance Officer Willie Burton Richard Woods March 16, 2007 Mike Randall Stormwater Engineer NC DENR, Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC :27699-1617 RE: NPDES Permit No. NCS00463 Modification Request Dear Mr. Randall: Fax: 336-578-5373 Quentin T. McPhatter, Town Administrator Sandra McCollum, Town Clerk Nick -f ierman, Town Attorney The Town of Green Level respectfully requests Permit No. NCS00463, To Discharge Stormwater Under the National Pollutant Discharge Elimination System be modified to meet the requirements of SL 2006-246. Enclosed is'a check made payable to the North Carolina Department of Environment and Natural Resources in the amount of.$215. . Sir) er ! jJ 4 ue tin . McP iatter Town Administrator STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION -of WATER QUALITY PERMIT NO. NCS000463 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Green Level is hereby authorized to discharge stonnwater from their municipal separate storm sewer system located: within the Town of Green Level Jurisdictional Area Alamance County to receiving waters, Back Creek, Boyd's Creek, Scrub Creek, and unnamed tributaries to Back Creek, Boyd's Creek, and Scrub Creek, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, I1,111, IV, V, VI, V I I and V III hereof. This permit shall become effective October 1, 2005 as amended May 3, 2007. This permit and the authorization to discharge shall expire at midnight on October 1, 2010. Signed this day .Tune 28, 2007. Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000463 TABLE OF CONTENTS PART I PERMIT COVERAGE PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION 13: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION IT: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS. PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART Vl LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS d PERMIT NO. NCS000463 PART I PERMIT COVERAGE During the period beginning orr the effective date of the permit and lasting until expiration, the Town of Green Level is authorized to'discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Back Creek, Boyd's Creek, Scrub Creek, and unnamed tributaries to Back Creek, Boyd's Creek, and Scrub Creek, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The pen -nit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this pen -nit must be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the pcnnittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water Part I Page 1 of 2 PERMIT NO. NCS000463 quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this pen -nit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stonmwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stonnwater flows of this type be controlled by the pen-nittee's Stormwater Plan, Part I Page 2 of 2 PERMIT NO. NCS000463 PART II FINAL LIMITATIONS AND -CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan, 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The pennittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stonnwater discharge permit and the Stormwater Plan. 7. The penmittee will implementa program to reduce pollution from construction site runoff as described in the Ston-nwater Plan and in accordance with this pen -nit, 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long -tern operation and maintenance of BMPs. Part II Page 1 of I 1 PERMIT NO. NCS000463 9. The pennittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stonnwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part II Page 2 of l l PERMIT NO. NCS000463 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stonnwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. .:{7YG�Y �` tt• , i'C ' . V',f;,.YCy¢:t , g •" V , BMP iS�}{.. E K}; , i a i1' F4. _. rt" 'Y>ll.:lH'k1.. •!,yv,i .11J""I.. � �Meas�yrable;G[oals r � � Y YR '�[I[Y,R� rYRR' YR` EcYIt _ { IIYI y�*y _4%' y� IprL'�tTti (LY 1y"'•'��s� nf` r 7�}' `'pry�•gy�s ftA 'SI)'J l +il !r y�sti (3 ' i,� ':,i}♦.yli'h�]1 r�!yi_1 ( ii•1iFlR.1.�.Cf� S, '•��..1.�'cY�: ii:�]±��'h'�i'er . 1%,..1+"Y,1. i�5' , T:K TIA:"s...F1 [}M�.Ci..✓ .�.1 (a) Establish a Public Develop a public education program and X Education and implement within 6 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. F (b) Informational Web Site Develop and maintain internet web site. X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part II Page 3 of 11 PERMIT NO. NCS000463 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development artd implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. q �BMP, p, K' L,t a• '�s.;:f e^*- - ; yi-i`E° Measurable Goals(;�Yiz j i�1L F c YR_ rYRry° :a:'. YR y�a".11 .-.��.�f.i� ,wi.: ,.6ss _]!t'�....F.4 ,:-.�,..-::�:._ ..a.il ir�z� .r � .✓?. L'"�_._ 4 (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater flan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) ston-nwater issues and the stormwater program. Part II Page 4 of I I PERMIT NO. NCS000463 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION I. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permitter may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. WHwv'Tw��` 1'R�5>., (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal, authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Pro gram. (c) Develop a Stonn Sewer Identify outfall locations and map X X X X System Base Map stonnwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis pera roved 1DDE Program. Part II Page 5 of 11 PERMIT NO. NCS000463 111-IRIM""A' B1VIP s'"2.. ''' Y�YR YR � 16,WWN'3:,sg. P an (e) Conduct employee Conduct training for municipal staff on X X X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X X X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X X X reporting mechanism mechanism for the public to report illicit discharges. Part II Page 6 of 11 PERMIT NO. NCS000463 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stonnwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCGO10000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The pennittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part IlPage 7ofII PERMIT NO. NCS000463 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. . BMP�W Measurable Goals' r�� t YaR� YR YRI Rs Y<R-4 5 Af (a) Establish a Post- Develop, adopt by ordinance (or similar X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a ualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part 11 Page 8 of I I PERMIT NO. NCS000463 MP •Y 1!?n fis , •.L "-'� i��; ,.,�; I .a.Y.r�.ri1l, w ts- ,a- .�,,, y... i5:fii-"AL';:8:dfi" ?`+� :�d•� .7k � Ik :, , NiVlcas_uraialelGoals� iy �Sqs `X 11.y_ " , .9kix-iz s.'� k.� rdt'',eS..�...a.ee*...L.�s....�.1 �S:Yh:•...-. �t% '; A .f �, YR� 2 Y F r iYR f� y�YR (d) Establish nutrient Develop, adopt, and implement an X X X X sensitive waters (NSW) ordinance (or similar regulatory protection measures mechanism) to ensure that the best (for programs with management practice for reducing nutrient development or loading is selected. In areas where the redevelopment draining Environmental Management Commission to NSW waters) has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program. 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I -- WS-IV waters, the Freshwater HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the pennittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management pennit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; Part I1Page 9ofII PERMIT NO. NCS000463 (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) High -density projects must use structural stormwater management systems that will control and treat runoff from the first one -inch of rain. (B) Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; (C) High -density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. (D) For BMPs 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. (E) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (F) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (G) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (H) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part II Page 10 of I I PERMIT NO. NCS000463 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. '1 y,4 . T t ; ti' +'te"',..* Aii. ,+ BMPi4G,MeasurableGoals{- Rr.•'a.i �� .0 7 V .i3Y�a -? s S .. '6r 4ir1 i e�e.ai ��R C ��1'RCI'R m R.tyl 'iq' �- �; �1�3� r�.� 3 - ry` ify'R r.T ;�} �7 "'� aR€1L .,�v y tr �YR }i4 p RI �}t t ` r Y�r 7d Jh YRYR; 3iiL �.y,i -V d ,.1'��.�l,�i. x iS I�, I (a) Develop an operation Develop an operation and maintenance X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and ' polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources. of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accom lishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X X pollution prevention and good housekeeping procedures. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stonnwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part lIPage IIofII PERMIT NO. NCS000463 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being perfonned documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The pennittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by December l of each year and cover the previous year's activities from October 1 through September 30. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stonnwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stonnwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stonnwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stonnwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f} The pennittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and Part III Page 1 of 2 PERMIT NO. NCS000463 review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the pennittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000463 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if. (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the . information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS000463 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four I-Iour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permitter becornes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Storrnwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000463 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition, is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations Part V Page 1 of 6 PERMIT NO. NCS000463 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.G. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $13 7, 500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this pen -nit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000463 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than'$10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000463 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The pennittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense,for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000463 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. Z. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000463 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the tenns of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000463 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page I of i PERMIT NO. NCS000463 PART VI.II DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the fonn of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.. It can include one operator or many operators. Part VIII Page 1 of 4 PERMIT NO. NCS000463 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000463 6. Department _... _ Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources, 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12, Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activit For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VIII Page 2 of 4 PERMIT NO. NCS000463 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): L Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Dischar e Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR .35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16, Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part VIII Page 3 of 4 PERMIT NO. NCS000463 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. 19. Point Source, Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily oad (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL,programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V11I Page 4 of 4 Town of Green Level P. O. Box 729, Haw River, North Carolina 27258 2510 Green Level Church Road, Green Level, North Carolina 27217 Phone: 336-578-3443 Council Members: Algene Tarpley, Mayor Robert Farrington, Mayor Pro Tem Ralph Compton, Jr., Finance Officer Willie Burton Richard Woods May 31, 2007 Mike Randall Stormwater Engineer NC DENR, Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit No. NCS00463 Modification Request Dear Mr. Randall: Fax: 336-578-5373 Quentin T. McPhatter, TovAi Administrator Sandra McCollum, Town Clerk Nick Herman, Town Attorney We have reviewed the draft Permit No. NCS00463 which was modified to be consistent with the language in Session Law 2006-246, Section 9, Post -construction requirements. We find the draft permit to be acceptable and have no comments. The Town adopted its post -construction ordinance on April 5, 2007. It is enclosed for your review and approval. The Town will implement its post -construction program within 90 days of approval of the post -construction ordinance by your Division, or October 1, 2007 (which ever is later). Sincerely, uentin MCPha er Town Administrator JUN 0 8 200? I Town of Green Level P. O. Box 729, Haw River, North Carolina 27258 2510 Green Level Church Road, Green Level, North Carolina 27217 Phone: 336-578-3443 Council Members: Algene Tarpley, Mayor Robert Farrington, Mayor Pro Tern Ralph Compton, Jr. Finance Officer Willie Burton Richard Woods March 16, 2007 Mike Randall Stormwater Engineer NC DENR, Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit No. NCS00463 Modification Request Dear Mr. Randall: Fax: 336-578-5373 Quentin T. McPhatter, Town Administrator Sandra McCollum,'I'own Clerk Nick Herman, Town Attorney The Town of Green Level respectfully requests Permit No. NCS00463, To Discharge Stormwater Under the National Pollutant Discharge Elimination System be modified to meet the requirements of SL 2006-246. Enclosed is a check made payable to the North Carolina Department of Environment and Natural Resources in the amount of $215. Sirs r ue tin . McP iatter Town Administrator F1 -DVQ'F;-c: S& Jule N. C.,Division o age lof •■ search:Go ion I contact us I dwq sectlons I glassar > sections > swps > stormwater > rmwater Unit :: Fee Schedule January 1, 1999, a new fee schedule for NPDES permitting was enacted. This fee schedule is iarized' below. Activity (Category A) Annual Fee $2,865 Major Modification Fee )r Individual Permits it Individual Permits le Family Residences $715 $50 mwater and Wastewater General Permits $80 NA ,le Systems $300 $90 ial Permits (Small) $50 NA ial Operations (Medium) $150 NA ial Operations (Large) $300 NA Discharge Major Permits $1090 $325 Discharge Minor Permits $375 $205 Activity (Category B) 11 Annual Fee I Major Modification I� Fee al Order by Consent - Major 11 $500 1 $400 al Order by Consent - Minor $250 $400 Activity (Category C) Project Fee - Extensions $400 Stormwater $420 Quality Certifications - Major $475 Quality Certifications - Minor $200 °um Contaminated Soils $400 Activity (Category C) Project Fee Renewal No Fee ization to Construct No Fee 'ermit Modification No Fee ile.html 4/13/20( i TOWN OF GREEN LEVEL NCD�NR Date Type Reference 4/1/2007 Bill 4/15/2007 Original Amt. Balance Due Discount 215.00 215.00 Check Amount 16023 Payment 215.00 215.00 SunTrust Stormwater Permit Modification 215.00 ATLA.. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Water Quality September 8, 2005 Quentin McPhatter, Town Administrator 2510 Green Level Church Road P.O. Box 729 Haw River, North Carolina 27258 Dear Mr. McPhatter; William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: NPDES Permit Number NCS000463 Alamance County, Town of Green Level In accordance with your application for a stormwater discharge permit submitted on April 14, 2004, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Winston-Salem Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina Phone: 919-733-70151 FAX: 919-733.249611nternet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Naturally STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000463 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Green Level is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Green Level Jurisdictional Area Alamance County to receiving waters, Back Creek, Boyd's Creek, Scrub Creek, and unnamed tributaries to Back Creek, Boyd's Creek, and Scrub Creek, within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, V1, Vf[ and V111 hereof. This permit shall become effective October 1, 2005. This permit and the authorization to discharge shall expire at midnight on October 1, 2010. Signed this day September 8, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000463 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELMI:NATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS u PERMIT NO, NCS000463 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Green Level is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Back Creek, Boyd's Creek, Scrub Creek, and unnamed tributaries to Back Creek, Boyd's Creek, and Scrub Creek, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase-H Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. '2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the .Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition,.the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to -the maximum extent practicable, to protect water Part I Page I of 2 PERMIT NO. NCS000463 quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and Stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS000463 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Storrrnwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Page 1ofII PERMIT NO. NCS000463 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 1Q. Proposed permit modifications must be submitted to the Director for approval. Page 2 of 11 PERMIT NO. NCS000463 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. Z#i''F,.� YMeasurabl6,06N ; ! ; N . YR ` '' YR ' YR YRr YR^ to w jr M+ )"" ;' t Lz s 2& t a i" �dn s Q,: i t t .. i s x k t• kc3 KK (a) Establish a Public Develop a public education program and X Education and implement within 6 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when im lementin its own erogram. (d) Public education Distribute written educational material to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Page 3 of 11 PERMIT NO. NCS000463 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. i-�BMI'k ,��Measurable Goals - �YR+YR YYRYRlY� �Y ��fin' '�:F;>a,sMi.. 3"x` "� ��, a` lr%2�4��s'^,ti: ?xr5 ,a 7�?�I'Z.:, (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s)' stormwater issues and the stormwater program. Page 4 of 1 I PERMIT NO. NCS000463 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permitter may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BN , � Measurable''tGoal's 4YR ?YR ;Ylt , �Ylt MR (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfaIl locations and map X. X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis pera roved IDDE Program. Page 5 of I 1 PERMIT NO. NCS000463 Page 6 of I PERMIT NO. NCS000463 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. . BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCGOt0000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Page 7 of 11 PERMIT NO. NCS000463 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. _ 1VleasuratR "�1fATI �y-+....e� �•'Zi'-EWE= YR YR YR�YK UFA��.v.__ Ab4 (a) Establish a Post- Develop, adopt by ordinance (or similar X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Page 8 of I l PERMIT NO. NCS000463 �( 'fi 31V1L' �=IVleasuratile�Goals'� s r �YR41kyaf T Ygi-11 YR4 yR (d) Establish nutrient Develop, adopt, and implement an X X X X sensitive waters (NSW) ordinance (or similar regulatory protection measures mechanism) to ensure that the best (for programs with management practice for reducing nutrient development or loading is selected. In areas where the redevelopment draining Environmental Management Commission to NSW waters) has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program. 3. . The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; Page 9 of I I PERMIT NO. NCS000463 (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A)The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development -to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Page 10 of 11 PERMIT NO. NCS000463 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS I. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. '^ F4 �i:, Rk��' •Vr i < ; $ 'i: Measurable'Goals. �� ' f �1 fFl !�-YR u. � YR{ 4. YR ,,_ YR SI �YRF y' `}i'iM3 '.Li'4,.,�` �. ..f � 3 • � s j�'• fM .Ri �i ] •ry' d T G c } ,. � Y 33 4 '�' ]] u'K 3'k, •,i 7. N1,e! zk°4.: *} c 3Jk - N. C.` x 1 -5. `�-' a ;,. .y � . -•k k .t' "�"•�,. c� w (a) Develop an operation Develop an operation and maintenance X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X X pollution prevention and good housekeeping procedures. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Page 11 of 11 PERMIT NO, NCS000463 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by December 1 of each year and cover the previous year's activities from October 1 through September 30. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, Part 1.11 Page 1 of 2 PERMIT NO. NCS000463 project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000463 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: " 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000463 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000463 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY I. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class If violations Part V Page 1 of 6 PERMIT NO. NCS000463 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500). 2.. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000463 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000463 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000463 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by Iaw, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000463 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 304 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000463 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. a]. Part VI Page I of 1 PERMIT NO. NCS000463 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee most pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VI Page 1 of 1 PERMIT NO. NCS000463 PART VIII DEFINITIONS Act See CIean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part V III Page I of 4 PERMIT NO. NCS000463 6. Department Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part t 16 pursuant to Section 311 of the Clean Water Act. 12, Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activit For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VW Page 2 of 4 PERMIT NO. NCS000463 t4. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): i. Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated'swimming pool discharges, and street wash water (discharges or flows from fire Fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BM -Ps are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or mini 'Mize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part VIE Page 3 of 4 PERMIT NO. NCS000463 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is. a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VM Page 4 of 4 : 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 p Y Coleen H. Sullins, Deputy Director Division of Water Quality July 25, 2005 Quentin McPhatter, Town Administrator 2510 Green Level shurch Road P.O. Box 729 Haw River, North Carolina 27258 Subject: NPDES Permit Number NCS000463 Town of Green Level Dear Mr. McPhatter: The Town of Green Level has been designated by the US EPA for inclusion in the Phase II stormwater program. The Town of Green Level was designated because their municipal boundaries intersected a US Census -defined Urbanized Area. Your community's draft permit is being publicly noticed the week of July 25, 2005. All comments and request should reference draft permit number NCS000463. Comments must be received no later than September 2, 2005. Copies of the draft permit are available at: http://h2o.enr.state.ne.us/su/phase2 draft pernlits.htm We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, Mike Randall cc: Stormwater and General Permits Unit DWQ Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Rw WMMR Customer Service 1-877-623-6748 Comments from Town of Green Level Stormwater Draft Permit -Numb... Subject: Comments from Town of Green Level Stormwater Draft Permit -Number NCS000463 From: "Quentin T. McPhatter" <gmcphatter@green levelnc.com> Date: Tue, 14 Jun 2005 09:08:52 -0400 To: <mike.randall@ncmail.net> Mike, I have reviewed your letter and the draft permit dated June I, 2005 that was mailed to the Town of Green Level. The revisions that your office appear reasonable to me and we will incorporate these changes into the preliminary draft permit. I also understand that the Town will also have the opportunity to submit comments during the public comment period. I trust that you will e-mail or call me at (336) 578-3443 if you have any questions, comments, or revisions. Sincerely, Quentin T. McPhatter Town Administrator Green Level, North Carolina (336) 578-3443 (Phone) (336) 578-5373 (Fax) (336) 516-6076 (Cell) gmcphatter@greenlevelrtc.com (E-Mail) Please visit our town's website at www.greenlevelnc.com NOTICE: Email correspondence to and from this address is subject to the NC Public Records Law and may be considered public information. 1 of 1 6/21/2005 7:25 AM State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd . ! 4 •`� Fee Paid Permit Number a j CICO, q 63 NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Town of Green Level Seeking Permit Coverage b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Alamance f. Jurisdictional Area (square 1.34 square miles miles g. Population Permanent 2,133 (NC Office of state Planning, state Demographer) Seasonal (if available) h. Ten-year Growth Rate 31.9% i. Located on Indian Lands? ❑ Yes q No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 1.34 square miles b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 6 (within Town Limits), 26 (within proposed ETJ) d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 72 % • Commercial 4% • Industrial 7% • Open Space 17% Total = 100 e. Are there significant water quality issues listed in the attached application report? ❑ Yes 4 No SWU-264-103102 Page 1 i NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes 4 No b. Local Water Supply Watershed Program 4 Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes 4 No d. CAMA Land Use Plan ❑ Yes q No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with Yes No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑Yes ❑ No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? � Yes []No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC Sedimentation and Erosion Control Program • Element they will implement Construction site runoff controls • Contact Person Gray Hauser • Contact Address 585 Waughtown Street, Winston-Salem, NC 27107 • Contact Telephone Number 336/771-4600 c. Are legal agreements in place to establish responsibilities? ❑ Yes No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be _—provided in the attached application report. SWU-264-103102 Page 2 4 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name Quentin McPhatter Title Town Administrator Street Address 2510 Green Level Church Road PO Box PO Box 729, Haw River, NC, 27258 City Green Level State NC Zip 27258 Telephone 336/578-3443 Fax 336/578-5373 E-Mail gmcphatter@greenlevelnc.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Quentin McPhatter b. Title Town Administrator c. Street Address 2510 Green Level Church Road d. PO Box PO Box 729, Haw River, NC, 27258 e. City Green Level f. State NC g. Zip 27258 h. Telephone Number 336/578-3443 i. Fax Number 336/578-5373 j. E-Mail Address gmcphatter@greenlevelnc.com SWU-264-103102 Page 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under NA section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed Stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS SWU-264-103102 Page 4 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations SWU-264-103102 Page 5 State of North Carolina Department of Environment & Natural Resources Division of Water Quality ;OFFICliUSE ONLY"-. � ` �°si Date Rec'd Fee Paid Permit Number G O NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required In Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small 11154 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed In accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU.-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Town of Green Level Seeking Permit Coverage b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Alamance f. 3urisdictional Area (square 1.34 square miles miles g. Population Permanent 2467 (NC Office of State Planning, State Demographer) Seasonal (if available) h. Ten-year Growth Rate 26:01% i. Located on Indian Lands? Yes 4 No II. RPE J MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 1.34 square miles b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 3 d. Estimated percentaqe of 'uri5dictiorial area containing the folidwing four land use activities: Residential 72 % • Commercial 4% • Industrial 7% • 0 n Space 17% Total = 100 % e. Are there significant water quality issues listed in the attached application report? Yes 4 No SWU-264-103102 Page 1 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ® Yes ❑ No b. Local Water Supply Watershed Program q Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes 4 No d. CAMA Land Use Plan ❑ Yes 4 No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co, -:permit with ❑ Yes 4 No a permitted Phase I entity? b. If so, provide the narne and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ Yes ❑ No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No Rnittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (1f more than one, attach additional sheets) a. Do you intend that another entity perform one or more of Lour permit obligations? d Yes [:)No b. If yes, identify each entity and the element ,they will be implementing • Name of Entity NC Sedimentation and Erosion Control Program • Element they will implement Construction site runoff controls • Contact Person Matthew Gantt, P.E. • Contact Address 585 Waughtown Street, Winston-Salem, NC 27107 • Contact Telephone Number 336/771-4600 c. Are legal agreements in place to establish res nsibilities? El Yes No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. T SW-264-103102 Page 2 NPDES RPE Sbormwater Permit Application V12. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwaber permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance ardance with a system designed assure that qualified personnel properly gather and evaluate the information submitted. - Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the infommation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprlsonment for knowing violations n Signature 71. Name Ha d Cloud Tide Tow Administrator Street Address 2510 Green Level Church'Mad PO Box PO Box 729, Haw River, NC, 27258 City Green Level State NC Zip 27258 Telephone 336/578-3443 Fax 3361578-5373 E-Mail hcloud@greenleveinc.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Rodney Gunn b. Title Publfc Works Director c. Street Address 2510 Green Level Church Road d. PO Box PO Box 729, Haw River, NC, 27258 e. City Green Level f. State NC g, Zip 27258 h. Telephone Number 336/578=3443 i. Fax Number 336/578-5373 j. E-Mail Address rdgunn@greenieveinc.corn SWU-26+103102 Page 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction ap2roval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under NA section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS SWU-264-103102 Page 4 NPDES RPE Stormwater Permit Application 3. BaSTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMI717iNG INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6,1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site StorrhWMer Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations SWU-264-103102 Page 5 COMPREHENSIVE STORMWATER MANAGEMENT PLAN FOR THE TOWN OF GREEN LEVEL APRIL 5, 2004 REVISED MARCH 31, 2010 I TABLE OF CONTENTS Table of Contents..................................................................... .... ii ................................... Definitions.......................................................................................... ............. v ................. 1 Storm Sewer System Information..............................................................................1 1.1 MS4 Conveyance System.....................................................................................1 1.2 Land Use Composition Estimates.........................................................................1 1.3 Estimate Methodology: .......................................................................................... 1 1.4 TMDL Identification...............................................................................................1 2. Receiving Streams....................................................................................................2 3 Existing Water Quality Programs...............................................................................3 3.1 Local Programs: .................................................................................................... 3 3.2 State Programs: .................................................................................................... 3 4 Permitting Information...............................................................................................4 5 Co -Permitting Information..........................................................................................7 6 Reliance on other government entity to satisfy one or more permit obligations ......... 8 7 Stormwater Management Program...........................................................................9 7.1 Public Education and Outreach on Storm Water Impacts.....................................9 7.1.1 BMP Summary Table.........................................................................................9 7.1.2 Target Audience—, ........................................................................................... 10 7.1.3 Target Pollutant Sources..................................................................................10 7.1.4 Outreach Program............................................................................................10 7.1.5 Decision Process..............................................................................................10 7.1.6 Evaluation.........................................................................................................10 7.2 Public Involvement and Participation ................................. 7.2.1 BMP Summary Table.......................................................................................11 7.2.2 Target Audience...............................................................................................12 7.2.3 Participation Program.......................................................................................12 7.2.4 Decision Process..............................................................................................12 7.2.5 Evaluation.........................................................................................................12 7.3 Illicit Discharge Detection and Elimination..........................................................13 7.3.1 BMP Summary Table.......................................................................................13 7.3.2 Storm Sewer System Map................................................................................14 7.3.3 Regulatory Mechanism.....................................................................................14 7.3.4 Enforcement: .................................................................................................... 14 7.3.5 Detection and Elimination.................................................................................14 7.3.6 Non Stormwater Discharges.............................................................................15 7.3.7 Outreach...........................................................................................................15 7.3.8 Decision Process..............................................................................................15 7.3.9 Evaluation.........................................................................................................15 7.4 Construction Site Stormwater Runoff Control.....................................................15 7.5 Post -Construction Storm Water Management in New Development and Redevelopment.....•.............................................................................................16 7.5.1 BMP Summary Table.......................................................................................16 7.5.2 Stormwater Management Options........................................................ ....18 7.5.3 Non -Structural BMP's.......................................................................................18 7.5.4 Structural BMPs............................................................... 7.5.5 ................. Regulatory Mechanism............................................................... .....18 7.5.6 ................. Operation and Maintenance....................................................... .....18 7.5.7 Education.........................................................................................................18 7.5.8 Decision Process..............................................................................................19 7.5.9 Evaluation.........................................................................................................19 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations ...................20 7.6.1 BMP Summary Table.......................................................................................20 7.6.2 Affected Operations..........................................................................................22 7.6.3 Training............................................................................... ............................. 22 7.6.4 Maintenance and Inspections...........................................................................22 7.6.5 Vehicular Operations........................................................................................23 7.6.6 Waste Disposal................................................................................................23 7.6.7 Flood Management Projects.............................................................................23 7.6.10 Decision Process...................................................................:..........................23 6.11 Evaluation.........................................................................................................23 iv DEFINITIONS NPDES — National Pollutant Discharge Elimination System MS4 -- Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainagesystems, municipal streets, catch basins curbs, gutters, ditches, manmade channels, or storm drains) BMP — Best Management Practice TMDL — Total Maximum Daily Load Illicit Discharge — Any discharge to an MS4 that is not composed entirely of stormwater. Exceptions include discharges from NPDES-permited industrial sources and discharges from fire -fighting activities. v COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 1 STORM SEWER SYSTEM INFORMATION Population Served: 2467 Ten Year Growth Rate: 26.01 % Jurisdictional and MS4 Service Areas: Jurisdictional area: 1.34 square miles MS4: 1:34 square miles 1.1 MS4 CONVEYANCE SYSTEM The MS4 system is primarily composed of small drainage ditches, driveway culverts, and larger drainways. 1.2 LAND USE COMPOSITION ESTIMATES Residential: 72% Commercial: 4% Industrial: 7% Open Space 17% 1.3 ESTIMATE METHODOLOGY. The land use estimate was based on the zoning within the jurisdictional area as of June 2000. The Piedmont Triad Council of Government's GIS system provided the zoning data, and includes the right-of-way areas. 1.4 TMDL IDENTIFICATION No receiving streams in the MS4 are currently designated as TMDL streams. Page 1 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 2 RECEIVING STREAMS Table 1. Cape Fear River Basin Use Water Stream Water Quality Support Quality Receiving Stream Name Segment Classification Rating Issues Back Creek 16-18-(6) WS-V;NSW 1,2 NA Unnamed tributary to Graham -Mebane 16-18-(1.5) WS-II; HQW, 1,2,3 4 Reservoir (Back Creek). NSW,CA Unnamed tributary to Boyd's Creek. 16-16 WS-V;NSW 1,2 NA Aquatic life and secondary recreation 2'Fish consumption 3 Water Supply "On 2010 303d List for Chlorophyll a Page 2 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 3 EXISTING WATER QUALITY PROGRAMS 3.1 LOCAL PROGRAMS: Watershed districts within the Town's Town limits are subject to the Alamance County Watershed Protection Ordinance, which contains provisions limiting the type and density of new development. 3.2 STATEPROGRAMS: All development activities within the Watershed Districts are subject to the standards, usage conditions and other regulations contained in the Rules and Requirements of the Surface Water Supply Protection Rules adopted by the North Carolina Environmental Management Commission. Page 3 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 4 PERMITTING INFORMATION. Table 2. Responsible Contacts Position Name Phone No. Fax No. Email Town Clerk Sandra McCollum 336/578-3443 336/578-5373 smccollum@greenleveinc.com Stormwater Engineer (contract basis) gosh Johnson, P.E. 3361226-5534 336/226-3034 josh@awck.com Town Secretary Hazel Walker 336/578-3443 336/578-5373 Town Public Works Director Rodney Gunn 336/578-3443 336/578-5373 rdgunn@greenievelnc.com Town Attorney Nick Herman 9191929-3905 919/9425742 Town Administrator Haywood Cloud 336/578-3443 336/578-5373 hcloud@greenleveinc.com Town of Green Level Organizational Chart Town Council Town Atfomey Town Eng Town Administrator Town Secretary I Code Enforcement Officer Town Clerk Public Works Supervisor Public Works Laborer I I Assistant Public Works Supervisor Signing Official: Town Administrator — Haywood Cloud Duly Authorized Representative: NA Page 4 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL Table 3. Measurable Goals and Responsible Contact Public Education Measurable Goal Town Clerk Town Administrator Stormwater Engineer Town Public Works Director Town Attorney Summarize Education Plan & report on implementation X X Number of Children reached & subject covered X X Number of houses & businesses reach by mailer, brochures, and posters X X Report annually on number of businesses reached and number of employees educated through business and industry outreach X X Public Involvement and Participation Measurable Goal Town Clerk Town Administrator Stormwater Engineer Town Public Works Director Town Attorney The number of storm drains labeled will be reported annually X X The number of adopting groups, the stream or creek they adopt and its length, and the amount of debris removed will be reported annually X X Illicit Discharge Detection and Elimination Measurable Goal Town Clerk Town Administrator Stormwater Engineer Town Public Works Director Town Attorney Note date of adoption of amended ordinance and have copy in annual report file. X X X X X Report annually on progress of storm sewer system map. X X Maintain records of the areas screened as part of the detection/elimination program and summarize in annual report. X X Note date of distribution of septic system management, and number of copies placed. X X Provide materials to all public employees in illicit connections and how to recognize one. Complete by end of year one and note date distributed. X X Page 5 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL Table 3. Measurable Goals and Responsible Contact Post Construction Site Management for New and Re -development activities Town Public Town Town Stormwater Works Town Measurable Goal Clerk Administrator Engineer Director Attorney Maintain and Implement Post -Construction Program and Ordinance. X X X X X Report annually on progress made, in developing standards and policies that ensure X X structural BMPs will be in conformance with the state's Stormwater Management Design Manual. Implement maintenance and inspection standards of BMP Devices constructed. X X Implement an on -site wastewater treatment system oversight program. Report annually on X X progress made. Pollution PreventlonlGood Housekeeping for Municipal Operations Town Public Town Town Stormwater Works Town Measurable Goal Clerk Administrator Engineer Director Attorney Report annually on inspection results and any corrective actions taken. X X Maintain pollution prevention for public facilities training program annually, and report on X X number of employees trained and subjects covered. Provide training to all employees who maintain the drainage system with a focus on X X X floatable, grit, sediment, and disposal of pollutants removed from the drainage system. Report annually on number of employees trained and subjects covered. Provide training to all employees who manage and apply chemicals to address safe storage, X X X application and disposal of residual chemicals. Repeat training annually throughout the permit. Report on number of employees trained and subjects covered. Evaluate Vehicular operations and implement improvements. X X Page 6 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 5 CO -PERMITTING INFORMATION Not applicable Page 7 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 6 RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY ONE OR MORE PERMIT OBLIGATIONS The Town of Green Level will rely on the State Erosion and Sediment Control Program and the Department of Water Quality's general stormwater permit program for construction activities to meet the construction site stormwater runoff control requirement. There are no legal agreements in place to establish responsibilities. Contact Information: NC Sedimentation and Erosion Control Program Winston-Salem Regional Office Gray Hauser 585 Waughtown Street, Winston-Salem, NC 27107 336/771-4600 Page 8 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL_ 7 STORMWATER MANAGEMENT PROGRAM 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 7.1.1 BMP Summary Table -�• ;^'t <s •:•.y .-E�,- 1 ;r fit'`' ``Fi •�3r�.' 1 n �'F;. y°''",-. +�;,:x-�. �,.•; .a� a• -w ss � h c s. :�. � -" s .�,'.' 1 err .dL•e h'' .t.. .: o - t s , $•hd!^` ;� "# ['- a '..� ,lx a ,, <YR± tYR r ri ;,:==F-' r 1(R �`" "fie .0 t .a "#� a`.= v} e1 H:Res onsible PosltlonlParty. -� . a!M3 • � of ' ty ..1� r. Gss �k'� � VI .) ..E„ i.,<d. I .. w,.P,..frr?t .1r. ,.S,�1:.*��.. �,-:t?3 a: r.?, .F.•-",T. .�s.,as}�^,'sf.�, „a• .a•r'�..=? .ems .. _ r_I:_�. 4 sf f: ?�-,a rr ! aaE s� �ii - w F ? � w �Y._ � [L'i...l vy.s}�.' Maintain an education plan Maintain education plan. Include in plan the BMPs, schedule, X X X X X Public Works Director targeted audiences, and measurable goals. Summarize plan and implementation progress in each annual report. Stormwater Engineer School Programs Maintain school children education program. Focus on basic X X X X X Public Works Director messages regarding clean water and the things they can do at home to help. Track the number of children reached and the Stormwater Engineer subject covered and report annually. Mailers, brochures, posters Distribute bilingual mailer for insert in utility bills. Distribute X X X Public Works Director bilingual brochures and posters for distribution at Town Hall. Target homeowners and businesses with messages about how Stormwater Engineer they can reduce pollution picked up by stormwater. Track number of homes and businesses reached by mailer and report annually. Town's web page Link to other stormwater websites. Give tips on reducing X X X X X Public Works Director pollution. Report annually. Stormwater Engineer Festivals, parades, local Participate in local festivals annually by providing a stormwater 1 X X X X X Public Works Director fairs information booth starting. Provide bilingual messages on the importance of clean water and on specific activities that can be Stormwater Engineer carried out to help keep stormwater clean. Business and Industry Maintain program for educating business and industry using X X Public Works Director education and outreach brochures or pamphlets and report annually on number of businesses reached and number of employees educated. Focus Stormwater Engineer on workplace issues to reduce pollutant loading. Target hot spot businesses. Page 9 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.1.2 Target Audience Green Level residents, local businesses (including gas station owners) and industry, will be targeted because these groups have the most impact on stormwater pollution prevention. 7.1.3 Target Pollutant Sources The education program will target total suspended solids and nutrient loading because turbidity, sedimentation, and nutrients are the pollutants of concern in downstream waters. In addition, floatables, trash, and debris will also be targeted. The education program will also address the proper use and disposal of typical household chemicals, garden chemicals, and used motor oil. 7.1.4 Outreach Program School programs, printed materials to be distributed via mail and public events, and participation in state cleanup programs will be used to reach the target audience. By using these methods, the education program will be expected to reach all residents of Green Level, as well as those that do business here, over the course of the five year permit period. As a result of this outreach program, the target audience will be informed of the importance of reducing storm water pollution and ways they can incorporate pollution reduction in their daily lives. 7.1.5 Decision Process The formation of the storm water public education and outreach program was based on the mechanisms currently in place, and their means and effectiveness of communicating and educating the public about the issues of stormwater pollution prevention. Each of the BMP's selected were judged to be an effective and economical tool for educating the general public and/or specific groups within the community, with a specific measurable goal with which to gauge its effectiveness. 7.1.6 Evaluation The education and outreach program will ' be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 10 COMPREHENSIVE STORMINATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION 7.2.1 BMP Summary Table RON,,, 3 1,66p6iftsible a K.03i.ig Public Meeting A public meeting will be held in Year 1 to discuss the x Public Works Director implementation of the new permit. Based on the results of this meeting a Citizen's Group may be Stormwater Engineer established. Volunteer Stormwater Program The Town will promote various volunteer stormwater x x x x X Public Works Director programs annually. These will include Big Sweep, Adopt -A -Stream programs, and Storm Drain Stenciling. Stormwater Engineer The number of participants will be reported annually. Page 11 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.2.2 Target Audience The public meeting allowing the public an opportunity to review the stormwater management program will target all interested and affected members of the Green Level community. 7.2.3 Participation Program The public was originally involved in the development of the stormwater permit and management program through a public hearing in 2005. Public participation opportunities will be implemented throughout the life of the permit through the Volunteer Stormwater Programs. 7.2.4 Decision Process A public meeting is necessary for public participation and input. The other BMPs were selected to give the public a choice of both active and passive participation roles. 7.2.5 Evaluation The Public Involvement and Participation program will ' be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 12 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEWLEVEL 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.3.1 BMP Summary Table n-' 'aviS. a'-{..,; '-+Fhii$ .C'.i ,hw).f:"'�4� -r.._ i �}!i r�-,.LL;r-k.'-r�r °t Z. 'Si ai n.!�i°i'S�'i (4' x . �i.i::v `:Ji" h <a? ' � � ;s" .c �; u `, y Y,: :Measurable Goalsi ,S.Y � P �, .l YR ,� y ii YR f.1. tily'" � k�`� "ti'� �pry 3� T" . � . YR � x 33f ""—A' t ., •61i .z<-". �gq:^/'.�13 i' `!i '.� i�' ✓' ,s4 dijt � n� :,� �' .��10 � �ti��t1, Respons€bieiPasitlonlPa a; .^,aLcCYF.}t}.ri�tEa�,..�::�.;?:�7ft"r 12 3�� :r , � Review Illicit Discharge Ordinance Review Illicit Discharge Ordinance and make any X X X Public Works Director necessary revisions. Stormwater Engineer Town Attorney Review Illicit Discharge Program Review Illicit Discharge Program and make any X X X Public Works Director necessary revisions. Stormwater Engineer Maintain storm sewer system reap Maintain system map in support of inspection program. X X X X X Public Works Director showing outfalls and the receiving The map will note outfalls and receiving body of water body of water. for each outfall. Report annually on progress. sneer Stormwater En g Maintain an inspection and Define areas of the community that will be inspected X X X X X Public Works Director elimination program within the for illicit connections and show on a map the progress community. made year by year. sneer Stormwater En g Coordinate with local health Provide a fact sheet on septic system management, X X Public Works Director department on failing septic systems, Note date of distribution and number of copies placed. locating problem areas in the system Complete by end of year two and update in year five. sneer Stormwater En g map. Provide public information on septic system management. Train employees on how to inspect Provide materials to all public employees in illicit - X X X X X Public Works Director for illicit connections and establish a connections and how to recognize one. Summarize in tracking system for managing annual report. sneer Stormwater En g reported problem areas. Page 13 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.3.2 Storm Sewer System Map Storm sewer system has been mapped and will be inspected during the course of normal maintenance operations by the public service department. The route of the system, locations of pipes, drainage ditches, and outfalls will be maintained on a paper map and/or electronic map. The map will be updated as needed during subsequent maintenance operations. 7.3.3 Regulatory Mechanism The Town has an Illicit Discharge Ordinance which allows for inspection, maintenance, and prohibits illicit discharges. 7.3.4 Enforcement: There are provisions in the amended ordinance for enforcement actions and penalties for dumping, spills, and willful illicit connection. 7.3.5 Detection and Elimination After the field screening is complete, the Town will take measures to identify and remove illegal discharges. Identifying illegal discharges may require a combination of office and field work. After the field screening, staff will consult the jurisdiction -wide information they have compiled to obtain information about the land uses, infrastructure, industries, potential sources and types of pollution that may exist in the drainage area of the outfall. After priority areas have been identified in the office, a systematic field investigation will be planned that minimizes the amount of resources required to identify the source. The following field methods may be used to identify and trace the source of illegal discharges: • Site Investigation • Dry weather flow observations • Smoke Testing/Dye Testing • Television Inspection The right of entry established in the ordinance will provide access for inspection if the origin of the discharge is in doubt. Once an illegal discharge is located and confirmed through field screening, staff will notify the responsible party verbally if possible and follow-up with written notification. If the responsible party does not comply with the removal schedule provided by the Town, or receive approval for a revised schedule, the Town will take enforcement action and the connection will be removed at the responsible party's expense. Page 14 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.3.6 Non Stormwater Discharges Currently there are no known non-stormwater discharges that are a significant contributor to the MS4. If any are identified in the future, they will be addressed at that time. 7.3.7 Outreach Town employees will be informed of the hazards associated with illegal discharges and improper disposal of waste as part of their general training requirements. These will be addressed in the Pollution Prevention/Good Housekeeping section of this plan, and will include training in hazardous material handling and disposal, as well as notices and signs posted in the appropriate areas. The general public will be educated through the BMP's listed in the Public Education section of this plan. These educational BMP's will include brochures, public service announcements, and business education and outreach programs. 7.3.8 Decision Process The formation of the storm water Illicit Discharge Detection and Elimination program was based primarily on regulatory mechanisms. The regulatory, educational, procedural BMP's selected were judged to be an effective means of detecting and eliminating illicit discharges. 7.3.9 Evaluation The effectiveness of the program will be gauged by the total number of illicit connections detected and removed each year and with public complaints. If the total number remains constant, or increases, changes will be made to the public education program and/or the Town ordinance to allow for greater enforcement and penalties. 7.4 CONSTRUCTION SITE STORmmTER RUNOFF CONTROL The Town of Green Level will rely on the North Carolina State Erosion and Sediment Control Program and the Department of Water Quality's general stormwater permit program for construction activities to meet the construction site stormwater runoff control requirement. Page 15 COMPREHENSIVE STORMINATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 7.5.1 BMP Summary Table V i ka V, n ?- YR, N R _e4 __ R Y� ` M,VI �M-YiZ R 100 1 lei ositionwart 1-411iOMU5 X _ g ,1 Review the Post Construction Ordinance Review the Post Construction Ordinance for x Public Works Director compliance with NC DWO guidance and local Stormwater Engineer effectiveness. Phase 11 Post -Construction Ordinance will incorporate Jordan Lake Nutrient Town Administrator Strategy Regulations in Year 3. Town Attorney Review standards and policies that ensure Review local standards to remain in compliance x Public Works Director structural BMPs will be in conformance with with the NC DWQ BMP Manual. Stormwater Engineer the state's Stormwater Management Design Manual Review maintenance standards and Review the maintenance standards and x x Public Works Director inspection program to ensure that on -site inspection program for local on -site controls. Stormwater Engineer controls continue to function as designed. Maintain the education program created for Maintain the education program created for land x x Public Works Director land developers and the public. developers and the public detailed in other Stormwater Engineer BMP's. Report annually on progress made. Coordinate with the county health Coordinate with county health department. Report x x X Public Works Director department on developing and Annually on progress made. Stormwater Engineer implementing an oversight program to minimize the potential for fecal coliform contamination by ensuring proper operation and maintenance of on -site wastewater treatment systems. Develop and implement policies, Policies will be developed and implemented to x Public Works Director regulations and incentives to protect natural encourage natural resource protection. This will Stormwater Engineer resources. include developing and publicizing buffer regulations around wetlands, creeks, and other water bodies. Progress will be reported annually after year 3. Open Space Preservation Policies will be developed to encourage x Public Works Director dedication of open space from developers and Stormwater Engineer Greenfield areas in the community. Progress will be reported annually after year 3. Page 16 COMPREHENSIVE $TORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.5.8 Decision. Process The post -construction stormwater management program ensures that controls are in place that will prevent or minimize water quality impacts from new development and redevelopment projects. These controls include post - construction ordinance to address post -construction runoff control from new development and redevelopment projects and ensure adequate long-term operation and maintenance of BMPs. Future revisions to this ordinance will be intended to enhance water quality. 7.5.9 Evaluation The post construction site management for new and re -development activities program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 19 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 7.6.1 BMP Summary Table s �.�._ .; ^*; ti,,,�c=;_.:.o.,�.YiZ BMP- ra * +. �. t .t,I ns - x,>,Measur6bI9iGo'als E a? .y:, _ ., �v_.4Yi:kettf :' ,:.� `*am: YR , YR F p� W�f� YRs, sy t' A• 1LR `" Yar-�:. r: .i ,..c. —Wit: __ S°. _ SN" ; 1�Y'�R:ta i:Ti f"'.i:.-Tliil.F-tT�lta:�':w.'Ltf:': FF'U'—dk ;C...VAS:✓,+TK:.�F'isi�/':'Y.ti1?'F�:M�A:_�x�—_ �i�.'n -'s -3 .iC.f}c.� SG 4 T-'._y A preventive maintenance program Annual Inspection are done for all municipally owned X X X X X Public Works Director has been developed that includes properties. Results of these inspections are reported Stormwater Engineer annual routine inspections of catch annually. basins and other stormwater systems for the municipal building and vehicle storage yard. The objective of the inspections is to reduce pollutant loading from municipal sites. Inspections will include noting any problems or issues that may have an impact on stormwater quality, and any corrective actions taken. Schedules and procedures have been established for the inspections, and a record -keeping system schedules and documents inspections. Develop training materials on pollution Educate all employees on clean water issues and on X X X X X Public Works Director prevention for public facilities, using workplace responsibilities to reduce or eliminate Stormwater Engineer existing materials gathered from other pollutants from stormwater. Maintain program annually organizations or creating new tools as and report on number of employees trained and needed. Educate all employees subjects covered. annually on the need for controls to protect stormwater from exposure to potential pollutants. Provide training for those employees Provide training to all employees who maintain the X X X X X Public Works Director that maintain the drainage system with drainage system with a focus on floatable, grit, Stormwater Engineer the focus on disposal of floatables, sediment, and disposal of pollutants removed from the grit, sediment, and other pollutants removed from the system. drainage system. Report annually on number of employees trained and subjects covered. Page 20 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL .6.1 BMP Summary Table (cont'd) �14' -A W 4 �BMR-- - E., 11 ®r" -Aw-RK e ' asUrab1W'1P0hI8,P,.!'g" 'i, 1. " y-, - , *-.,. --g-4gi T� F k ' - g� '10 N-1 RN, 010 "HS1161M ositiontrart, Provide training to employees that Provide training to all employees who manage and x x x x X Public Works Director manage and apply chemicals for apply chemicals to address safe storage, application Stormwater Engineer control of dust, pests, ven-nin, and and disposal of residual chemicals. Repeat training weeds and/or are used to enhance the annually throughout the permit. Report on number of growth or condition of public urban employees trained and subjects covered, landscape and recreation facilities. Training will target the safe and effective application, storage and disposal of chemicals used. Evaluate BMP methods of collecting Implement Truck Washing with minimal water quality x Public Works Director and treating the wash water from truck impacts beginning in Year 2. washing operations. Stormwater Engineer Page 21 7.6.2 Affected Operations The Town of Green Level operates a municipal building that serves as a town hall and a county sheriff substation and a Public Works maintenance facility and storage yard. All vehicles, equipment, and materials at the storage yard are stored in a building or covered storage area. There are no known floor drains in any of the buildings at this facility. 7.6.3 Training Training materials have been developed on pollution prevention for public facilities, using similar materials as will be used in the public outreach program. All employees will be educated annually on the need for controls to protect stormwater from exposure to potential pollutants. This training will also serve as the training requirement for public employees as specified in the outreach component of the Illicit Discharge section of this program. All public employees involved in vehicle, open space, or building maintenance operations will be provided training in BMPs, the processes and materials they are working with, safety hazards, practices for preventing discharges, and procedures for responding quickly and properly to toxic and hazardous material incidents. All public employees involved in stormwater drainage system maintenance will be specifically trained in the disposal of floatables, grit, sediment, and other pollutants removed from the system. Additional training, or certification, will be provided to employees that manage and apply chemicals for control of dust, pests, vermin, and weeds and/or to enhance the growth or condition of public urban landscape and recreation facilities. Training will target the safe and effective application, storage and disposal of chemicals used. 7.6.4 Maintenance and Inspections A preventive maintenance program has been developed that includes routine inspections of catch basins and other stormwater systems for the municipal building and vehicle storage yard. The objective of the inspections is to reduce pollutant loading from municipal sites. Inspections include noting any problems or issues that may have an impact on stormwater quality, and any corrective actions needed. Schedules, procedures, and a record -keeping system are used to schedule and document inspections. Page 22 7.6.5 Vehicular Operations All vehicles, equipment, and associated material at the Public Works facility are stored inside a building or under a covered parking area. The Public Works vehicles are washed off -site at commercial car washes and all vehicle and equipment repairs are performed off -site by various venders. Only minor vehicle and equipment maintenance take place at this facility. 7.6.6 Waste Disposal Garbage, recyclables, and heavy trash collection are contracted out to private companies, 7.6.7 Flood Management Projects Future flood management projects will be reviewed from a water quality standpoint. 7.6.10 Decision Process The most effective and practical BMPs for minimizing stormwater pollution were selected for this program. 7.6.11 Evaluation The pollution prevention/good housekeeping for municipal operations program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 23 rF State of North Carolina Department of Environment & Natural Resources Division of Water Quality - Date Rec'd Fee Paid Permit Number tj&S 00641-1-1 NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant, I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Green Level b. Ownership Status (federal, state or local Public c. Type of Public Entity (city, town, county, prison, school, etc. Town d. Federal Standard Industrial Classification Code SIC 91 - 97 e. County(s) Alamance f. Jurisdictional Area (square miles 1.34 square miles g. Population Permanent 2467 (NC Office of State Planning, State Demographer) Seasonal (if available) h. Ten-year Growth Rate 26.01% i. Located on Indian Lands? ❑ Yes � No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 1.34 square miles b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 3 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 72 % • Commercial 4% • Industrial 7% • Open Space 17% Total = 100 % e. Are there significant water quality issues listed in the attached application report? ❑ Yes No SWU-264-103102 Page I A NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ® Yes ❑ No b. Local Water Supply Watershed Program q Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes 4 No d. CAMA Land Use Plan ❑ Yes 4 No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes 4 No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit Yes ❑ No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No rmittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? 4 Yes El No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC Sedimentation and Erosion Control Program • Element they will implement Construction site runoff controls • Contact Person Matthew Gantt, P.E. • Contact Address 585 Waughtown Street, Winston-Salem, NC 27107 • Contact Telephone Number 336/771-4600 c. Are legal agreements in place to establish responsibilities? ❑ Yes No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. SWU-264-103102 Page 2 ,t NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDE=S stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a .system designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. n Signature T Name _�" Ha d Cloud Title Towff Administrator Street Address 2510 Green Level Church XGad PO Box PO Box 729, Haw River, NC, 27258 City Green Level State NC Zip 27258 Telephone 336/578-3443 Fax 336/578-5373 E-Mail hcloud@greenlevelnc.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Rodney Gunn b. Title Public Works Director c. Street Address 2510 Green Level Church Road d. PO Box PO Box 729, Haw River, NC, 27258 e. City Green Level f. State NC g. Zip 27258 h. Telephone Number 336/578-3443 L Fax Number 336/578-5373 j. E-Mail Address rdgunn@greenlevelnc.com SWU-264.103102 Page 3 1, NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f, National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under NA section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS SWU-264-103102 Page 4 r NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6,2, Measure Implemented 6.3. Contact Information 6.4. Legal Agreements STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 5WU-264-103102 Page 5 COMPREHENSIVE STORMWATER MANAGEMENT PLAN FOR THE TOWN OF GREEN LEVEL APRIL 5, 2004 REVISED MARCH 31, 2010 TABLE OF CONTENTS Table of Contents ii Definitions........................................................................ .. .............................................. v 1 Storm Sewer System Information..............................................................................1 1.1 MS4 Conveyance System.....................................................................................1 1.2 Land Use Composition Estimates.........................................................................1 1.3 Estimate Methodology: .......................................................................................... 1 1.4 TMDL Identification...............................................................................................1 2. Receiving Streams....................................................................................................2 3 Existing Water Quality Programs...............................................................................3 3.1 Local Programs: .................................................................................................... 3 3.2 State Programs: ......................................................................3 4 Permitting Information...............................................................................................4 5 Co -Permitting Information..........................................................................................7 6 Reliance on other government entity to satisfy one or more permit obligations ......... 8 7 Stormwater Management Program...........................................................................9 7.1 Public Education and Outreach on Storm Water Impacts.....................................9 7.1.1 BMP Summary Table.........................................................................................9 7.1.2 Target Audience...............................................................................................10 7.1.3 Target Pollutant Sources..................................................................................10 7.1.4 Outreach Program............................................................................................10 7.1.5 Decision Process..............................................................................................10 7.1.6 Evaluation.........................................................................................................10 7.2 Public Involvement and Participation..................................................................11 7.2.1 BMP Summary Table.......................................................................................11 7.2.2 Target Audience...............................................................................................12 7.2.3 Participation Program.......................................................................................12 7.2.4 Decision Process..............................................................................................12 7.2.5 Evaluation.........................................................................................................12 7.3 Illicit Discharge Detection and Elimination..........................................................13 7.3.1 BMP Summary Table.......................................................................................13 7.3.2 Storm Sewer System Map................................................................................14 7.3.3 Regulatory Mechanism.....................................................................................14 7.3.4 Enforcement.....................................................................................................14 7.3.5 Detection and Elimination.................................................................................14 7.3.6 Non Stormwater Discharges.............................................................................15 7.3.7 Outreach...........................................................................................................15 7.3.8 Decision Process..............................................................................................15 7.3.9 Evaluation.........................................................................................................15 7.4 Construction Site Stormwater Runoff Control.....................................................15 7.5 Post -Construction Storm Water Management in New Development and ................................. Redevelopment................................................................ ..16 7.5.1 BMP Summary Table........................................................................ ..16 7.5.2 Stormwater Management Options....................................................................18 7.5.3 Non -Structural BMP's................................................. 7.5.4 Structural BMPs...............................................................................................18 7.5.5 Regulatory Mechanism.....................................................................................18 7.5.6 Operation and Maintenance.............................................................................18 7.5.7 Education............................................................................ 7.5.8 Decision Process..............................................................................................19 7.5.9 Evaluation.........................................................................................................19 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations...................20 7.6.1 BMP Summary Table.......................................................................................20 7.6.2 Affected Operations..........................................................................................22 7.6.3 Training............................................................................................................22 7.6.4 Maintenance and Inspections...........................................................................22 7.6.5 Vehicular Operations........................................................................................23 7.6.6 .................................. Waste Disposal............................................................ ..23 7.6.7 Flood Management Projects.............................................................................23 DEFINITIONS NPDES — National Pollutant Discharge Elimination System MS4 — Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins curbs, gutters, ditches, manmade channels, or storm drains) BMP — Best Management Practice TMDL — Total Maximum Daily Load Illicit Discharge — Any discharge to an MS4 that is not composed entirely of stormwater. Exceptions include discharges from NPDES-permited industrial sources and discharges from fire -fighting activities. M COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 1 STORM SEWER SYSTEM INFORMATION Population Served: 2467 Ten Year Growth Rate: 26.01 % Jurisdictional and MS4 Service Areas: Jurisdictional area: 1.34 square miles MS4: 1.34 square miles 1.1 MS4 CONVEYANCE SYSTEM The MS4 system is primarily composed of small drainage ditches, driveway culverts, and larger drainways. 1.2 LAND USE COMPOSITION ESTIMATES Residential: 72% Commercial: 4% Industrial: 7% Open Space 17% 1.3 ESTIMATE METHODOLOGY: The land use estimate was based on the zoning within the jurisdictional area as of June 2000. The Piedmont Triad Council of Government's GIS system provided the zoning data, and includes the right-of-way areas. 1.4 TMDL IDENTIFICATION No receiving streams in the MS4 are currently designated as TMDL streams. Page 1 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 2 RECEIVING STREAMS Table 1. Cape Fear River Basin Use Water Stream Water Quality Support Quality Receiving Stream Name Segment Classification Rating Issues Back Creek 16-18-(6) WS-V;NSW 1,2 NA Unnamed tributary to Graham -Mebane 16-18-(1.5) WS-II; HQW, 1,2,3 4 Reservoir (Back Creek). NSW,CA Unnamed tributary to Boyd's Creek. 16-16 WS-V;NSW 1,2 NA Aquatic life and secondary recreation 2.Fish consumption 3 Water Supply "On 2010 303d List for Chlorophyll a Page 2 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 3 EXISTING WATER QUALITY PROGRAMS 3.1 LOCAL PROGRAMS: Watershed districts within the Town's Town limits are subject to the Alamance County Watershed Protection Ordinance, which contains provisions limiting the type and density of new development. 3.2 STATE PROGRAMS: All development activities within the Watershed Districts are subject to the standards, usage conditions and other regulations contained in the Rules and Requirements of the Surface Water Supply Protection Rules adopted by the North Carolina Environmental Management Commission. Page 3 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 4 PERMITTING INFORMATION. Table 2. Responsible Contacts Position Name Phone No. Fax No. Email Town Clerk Sandra McCollum 336/578-3443 336/578-5373 smccollum@greenievelnc.com Stormwater Engineer (contract basis) Josh Johnson, P.E. 336/226-5534 3361226-3034 josh@awck.com Town Secretary Hazel Walker 336/578-3443 336/578-5373 Town Public Works Director Rodney Gunn 336/578-3443 336/578-5373 rdgunn@greenieveinc.com Town Attorney Nick Herman 919/929-3905 919/9425742 Town Administrator Haywood Cloud 336/578-3443 336/578-5373 hcloud@greenievelnc.com Town of Green Level Organizational Chart Town Council Town Attornev I I I Town Encineer Town Administrator Town Secretary Code Enforcement Officer Town Clerk Public Works Supervisor Public Works Laborer Assistant Public Works Supervisor Signing Official: Town Administrator — Haywood Cloud Drily Authorized Representative: NA Page 4 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL Table 3. Measurable Goals and Responsible Contact Public Education Measurable Goal Town Cleric Town Administrator Stormwater Engineer Town Public Works Director Town Attorney Summarize Education Plan & report on implementation X X Number of Children reached & subject covered X X Number of houses & businesses reach by mailer, brochures, and posters X X Report annually on number of businesses reached and number of employees educated through business and industry outreach X X Public Involvement and Participation Measurable Goal Town Clerk Town Administrator Stormwater Engineer Town Public Works Director Town Attorney The number of storm drains labeled will be reported annually X X The number of adopting groups, the stream or creek they adopt and its length, and the amount of debris removed will be reported annually X X Illicit Discharge Detection and Elimination Measurable Goal Town Clerk Town Administrator Stormwater Engineer Town Public Works Director Town Attorney Note date of adoption of amended ordinance and have copy in annual report file. X X X X X Report annually on progress of storm sewer system map. X X Maintain records of the areas screened as part of the detection/elimination program and summarize in annual report. X X Note date of distribution of septic system management, and number of copies placed. X X Provide materials to all public employees in illicit connections and how to recognize one. Complete by end of year one and note date distributed. X X Page 5 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL Table 3. Measurable Goals and Responsible Contact Post Construction Site Management for New and Re -development activities Town Public Town Town Stormwater Works Town Measurable Goal Clerk Administrator Engineer Director Attorney Maintain and Implement Post -Construction Program and Ordinance. X X X X X Report annually on progress made, in developing standards and policies that ensure X X structural BMPs will be in conformance with the state's Stormwater Management Design Manual. Implement maintenance and inspection standards of BMP Devices constructed. X X Implement an on -site wastewater treatment system oversight program. Report annually on X X progress made. Pollution Prevention/Good Housekeeping for Municipal Operations Town Public Town Town Stormwater Works Town Measurable Goal Clerk Administrator Engineer Director Attorney Report annually on inspection results and any corrective actions taken. X X Maintain pollution prevention for public facilities training program annually, and report on X X number of employees trained and subjects covered. Provide training to all employees who maintain the drainage system with a focus on X X X floalable, grit, sediment, and disposal of pollutants removed from the drainage system. Report annually on number of employees trained and subjects covered. Provide training to all employees who manage and apply chemicals to address safe storage, X X X application and disposal of residual chemicals. Repeat training annually throughout the permit. Report on number of employees trained and subjects covered. Evaluate Vehicular operations and implement improvements. X X Page 6 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 5 CO -PERMITTING INFORMATION Not applicable Page 7 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 6 RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY ONE OR MORE PERMIT OBLIGATIONS The Town of Green Level will rely on the State Erosion and Sediment Control Program and the Department of Water Quality's general stormwater permit program for construction activities to meet the construction site stormwater runoff control requirement. There are no legal agreements in place to establish responsibilities. Contact Information: NC Sedimentation and Erosion Control Program Winston-Salem Regional Office Gray Hauser 585 Waughtown Street, Winston-Salem, NC 27107 336/771-4600 Page 8 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7 STORMWATER MANAGEMENT PROGRAM 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 7.1.1 BMP Summary Table BMP Measurable Goals �YRR Responsible Position/Party 1R 2R 3R 4R Maintain an education plan Maintain education plan. Include in plan the BMPs, schedule, X X X X X Public Works Director targeted audiences, and measurable goals. Summarize plan Stormwater Engineer and implementation progress in each annual report. School Programs Maintain school children education program. Focus on basic X X X X X Public Works Director messages regarding clean water and the things they can do at Stormwater Engineer home to help. Track the number of children reached and the subject covered and report annually. Mailers, brochures, posters Distribute bilingual mailer for insert in utility bills. Distribute X X X Public Works Director bilingual brochures and posters for distribution at Town Hall. Stormwater Engineer Target homeowners and businesses with messages about how they can reduce pollution picked up by stormwater. Track number of homes and businesses reached by mailer and report annually. Town's web page Link to other stormwater websites. Give tips on reducing X X X X X Public Works Director pollution. Report annually. Stormwater Engineer Festivals, parades, local Participate in local festivals annually by providing a stormwater X X X X X Public Works Director fairs information booth starting. Provide bilingual messages on the Stormwater Engineer importance of clean water and on specific activities that can be carried out to help keep stormwater clean. Business and Industry Maintain program for educating business and industry using X X Public Works Director education and outreach brochures or pamphlets and report annually on number of Stormwater Engineer businesses reached and number of employees educated. Focus on workplace issues to reduce pollutant loading. Target hot spot businesses. Page 9 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.1.2 Target Audience Green Level residents, local businesses (including gas station owners) and industry, will be targeted because these groups have the most impact on stormwater pollution prevention. 7.1.3 Target Pollutant Sources The education program will target total suspended solids and nutrient loading because turbidity, sedimentation, and nutrients are the pollutants of concern in downstream waters. In addition, floatables, trash, and debris will also be targeted. The education program will also address the proper use and disposal of typical household chemicals, garden chemicals, and used motor oil. 7.1.4 Outreach Program School programs, printed materials to be distributed via mail and public events, and participation in state cleanup programs will be used to reach the target audience. By using these methods, the education program will be expected to reach all residents of Green Level, as well as those that do business here, over the course of the five year permit period. As a result of this outreach program, the target audience will be informed of the importance of reducing storm water pollution and ways they can incorporate pollution reduction in their daily lives. 7.1.5 Decision Process The formation of the storm water public education and outreach program was based on the mechanisms currently in place, and their means and effectiveness of communicating and educating the public about the issues of stormwater pollution prevention. Each of the BMP's selected were judged to be an effective and economical tool for educating the general public and/or specific groups within the community, with a specific measurable goal with which to gauge its effectiveness. 7.1.6 Evaluation The education and outreach program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 10 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION 7.2.1 BMP Summary Table BMP r Measurable'Goals �R 2R Y3 Y4 9R Responsible Position/Party .. Public Meeting A public meeting will be held in Year 1 to discuss the X Public Works Director implementation of the new permit. Based on the Stormwater Engineer results of this meeting a Citizen's Group may be established. Volunteer Stormwater Program The Town will promote various volunteer stormwater X X X X X Public Works Director programs annually. These will include Big Sweep, Stormwater Engineer Adopt -A -Stream programs, and Storm Drain Stenciling. The number of participants will be reported annually. Page 11 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.2.2 Target Audience The public meeting allowing the public an opportunity to review the stormwater management program will target all interested and affected members of the Green Level community. 7.2.3 Participation Program The public was originally involved in the development of the stormwater permit and management program through a public hearing in 2005. Public participation opportunities will be implemented throughout the life of the permit through the Volunteer Stormwater Programs. 7.2.4 Decision Process A public meeting is necessary for public participation and input. The other BMPs were selected to give the public a choice of both active and passive participation roles. 7.2.5 Evaluation The Public Involvement and Participation program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 12 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.3.1 BMP Summary Table SMP Measurable Goals ' YR YR YR 3 YR_ YR 5 Responsible.PositionlParty. 1 4 Review illicit Discharge Ordinance Review Illicit Discharge Ordinance and make any X X X Public Works Director necessary revisions. Stormwater Engineer Town Attorney Review Illicit Discharge Program Review Illicit Discharge Program and make any X X X Public Works Director necessary revisions. Stormwater Engineer Maintain storm sewer system map Maintain system map in support of inspection program. X X X X X Public Works Director showing outfalls and the receiving The map will note outfalls and receiving body of water Stormwater Engineer body of water for each outfall. Report annually on progress. Maintain an inspection and Define areas of the community that will be inspected X X X X X Public Works Director elimination program within the for illicit connections and show on a map the progress Stormwater Engineer community. made year by year. Coordinate with local health Provide a fact sheet on septic system management, X X Public Works Director department on failing septic systems, (Vote date of distribution and number of copies placed. Stormwater Engineer locating problem areas in the system Complete by end of year two and update in year five. map. Provide public information on septic system management. Train employees on how to inspect Provide materials to all public employees in illicit X X X X X Public Works Director for illicit connections and establish a connections and how to recognize one. Summarize in Stormwater Engineer tracking system for managing annual report. reported problem areas. Page 13 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.3.2 Storm Sewer System Map Storm sewer system has been mapped and will be inspected during the course of normal maintenance operations by the public service department. The route of the system, locations of pipes, drainage ditches, and outfalls will be maintained on a paper map and/or electronic map. The map will be updated as needed during subsequent maintenance operations. 7.3.3 Regulatory Mechanism The Town has an Illicit Discharge Ordinance which allows for inspection, maintenance, and prohibits illicit discharges. 7.3.4 Enforcement: There are provisions in the amended ordinance for enforcement actions and penalties for dumping, spills, and willful illicit connection. 7.3.5 Detection and Elimination After the field screening is complete, the Town will take measures to identify and remove illegal discharges. Identifying illegal discharges may require a combination of office and field work. After the field screening, staff will consult the jurisdiction -wide information they have compiled to obtain information about the land uses, infrastructure, industries, potential sources and types of pollution that may exist in the drainage area of the outfall. After priority areas have been identified in the office, a systematic field investigation will be planned that minimizes the amount of resources required to identify the source. The following field methods may be used to identify and trace the source of illegal discharges: • Site Investigation • Dry weather flow observations • Smoke Testing/Dye Testing • Television Inspection The right of entry established in the ordinance will provide access for inspection if the origin of the discharge is in doubt. Once an illegal discharge is located and confirmed through field screening, staff will notify the responsible party verbally if possible and follow-up with written notification. If the responsible party does not comply with the removal schedule provided by the Town, or receive approval for a revised schedule, the Town will take enforcement action and the connection will be removed at the responsible party's expense. Page 14 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.3.6 Non Stormwater Discharges Currently there are no known non-stormwater discharges that are a significant contributor to the MS4. If any are identified in the future, they will be addressed at that time. 7.3.7 Outreach Town employees will be informed of the hazards associated with illegal discharges and improper disposal of waste as part of their general training requirements. These will be addressed in the Pollution Prevention/Good Housekeeping section of this plan, and will include training in hazardous material handling and disposal, as well as notices and signs posted in the appropriate areas. The general public will be educated through the BMP's listed in the Public Education section of this plan. These educational BMP's will include brochures, public service announcements, and business education and outreach programs. 7.3.8 Decision Process The formation of the storm water Illicit Discharge Detection and Elimination program was based primarily on regulatory mechanisms. The regulatory, educational, procedural BMP's selected were judged to be an effective means of detecting and eliminating illicit discharges. 7.3.9 Evaluation The effectiveness of the program will be gauged by the total number of illicit connections detected and removed each year and with public complaints. If the total number remains constant, or increases, changes will be made to the public education program and/or the Town ordinance to allow for greater enforcement and penalties. 7.4 CONSTRUCTION SITE STORMWA TER RUNOFF CONTROL The Town of Green Level will rely on the North Carolina State Erosion and Sediment Control Program and the Department of Water Quality's general stormwater permit program for construction activities to meet the construction site stormwater runoff control requirement. Page 15 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 7.5.1 BMP Summary Table BMP Measurable Goals Y3 Y4R Y5 Responsible Position/Party 1R 2R Review the Post Construction Ordinance Review the Post Construction Ordinance for X Public Works Director compliance with NC DWQ guidance and local Stormwater Engineer effectiveness. Phase II Post -Construction Ordinance will incorporate Jordan Lake Nutrient Town Administrator Strategy Regulations in Year 3. Town Attorney Review standards and policies that ensure Review local standards to remain in compliance X Public Works Director structural BMPs will be in conformance with with the NC DWQ BMP Manual. the state's Stormwater Management Stormwater Engineer Design Manual Review maintenance standards and Review the maintenance standards and X X Public Works Director inspection program to ensure that on -site inspection program for local on -site controls. Stormwater Engineer controls continue to function as designed. Maintain the education program created for Maintain the education program created for land X X Public Works Director land developers and the public. developers and the public detailed in other Stormwater Engineer BMP's. Report annually on progress made. Coordinate with the county health Coordinate with county health department. Report X X X Public Works Director department on developing and Annually on progress made. implementing an oversight program to Stormwater Engineer minimize the potential for fecal coliform contamination by ensuring proper operation and maintenance of on -site wastewater treatment systems. Develop and implement policies, Policies will be developed and implemented to X Public Works Director regulations and incentives to protect natural encourage natural resource protection. This will Stormwater Engineer resources. include developing and publicizing buffer regulations around wetlands, creeks, and other water bodies. Progress will be reported annually after year 3. Open Space Preservation Policies will be developed to encourage X Public Works Director dedication of open space from developers and Stormwater Engineer Greenfield areas in the community. Progress will be reported annually after year 3. Page 16 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL Tree Preservation Policies and standards will be developed to X Public Works Director encourage the preservation of mature trees Stormwater Engineer during development. This will include replacing trees that are damaged during development and Town Administrator encouraging street trees to be included with capital improvement projects. Progress will be reported annually after year 3. Development Types Policies will be developed that encourage X Public Works Director redevelopment, development in areas with Stormwater Engineer existing infrastructure, and mixed use developments. Progress will be reported annually Town Administrator after year 3. Street Design, Parking Requirements, and Policies will be changed to allow for street design X Public Works Director Transportation Options standards and engineering practices that Stormwater Engineer encourage minimal street widths when the development has a Low Impact Development Town Attorney component. Policies will be developed to encourage LID practices including pervious Town Administrator pavement, reduced parking requirements, and alternate transportation options. Progress will be reported annually after year 3. Green Infrastructure Practices and Green Infrastructure Practices and Strategies will X Public Works Director Strategies will be encouraged. be encouraged through revising existing Stormwater Engineer development policies, standards, and ordinances. Progress will be reported annually beginning in Town Administrator year 3. Page 17 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.5.2 Stormwater Management Options The existing land usage ordinance has a post -construction stormwater runoff management program for new development and redevelopment projects that disturb greater than, or equal to, one acre. This ordinance will be revised prior to the end of year 3 of the permit to incorporate Low Impact Development (LID) provisions, Green Infrastructure Elements, and Nutrient Reduction limits as defined in the Jordan Lake Nutrient Reduction Strategy. This will include policies to encourage the following: Natural Resource Protection, Open Space Protection, Tree Preservation, Redevelopment, Development in Areas with Existing Infrastructure, Mixed Use Development, Green Infrastructure Street Design, Integration of Green Infrastructure, Promotion of Pervious Pavement, Reduced Parking Requirements, and Alternate Transportation. 7.5.3 Non -Structural BMP's The receiving streams in the Town's watershed are classified as Nutrient Sensitive Waters; therefore the post construction ordinance ensures that best management practices for reducing nutrient loading are implemented. In addition, a nutrient application (both inorganic fertilizer and organic nutrients) management program has been developed and is included in the stormwater management program. 7.5.4 Structural BMPs The Town has certified its BMP manual as equal to the NC DWQ BMP Manual. The Town reviews structural BMP's based on the NC DWQ BMP Manual and will continue to do so in the future. 7.5.5 Regulatory Mechanism The Town's Post -Construction Ordinance establishes the Town's ability to regulate new development for water quality compliance. 7.5.6 Operation and Maintenance The Town's Post -Construction Ordinance establishes the Town's ability to regulate new development for water quality compliance. The ordinance includes guidelines for delegating routine and non -routine maintenance responsibilities to ensure access for inspections, and providing a mechanism for enforcement. 7.5.7 Education An education process for developers and citizens about new development with respect to stormwater and water quality has been established and is ongoing. Page 18 COMPREHENSIVE STORMWATER MANAGEMENT PROGkAM REPORT TOWN OF GREEN LEVEL 7.5.8 Decision Process The post -construction stormwater management program ensures that controls are in place that will prevent or minimize water quality impacts from new development and redevelopment projects. These controls include post - construction ordinance to address post -construction runoff control from new development and redevelopment projects and ensure adequate long-term operation and maintenance of BMPs. Future revisions to this ordinance will be intended to enhance water quality. 7.5.9 Evaluation The post construction site management for new and re -development activities program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 19 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 7.6.1 BMP Summary Table BMP Measurable Goals Y2R Y3R Y4R Y5 Responsible Position/Party 1R A preventive maintenance program Annual Inspection are done for all municipally owned X X X X X Public Works Director has been developed that includes properties. Results of these inspections are reported Stormwater Engineer annual routine inspections of catch annually. basins and other stormwater systems for the municipal building and vehicle storage yard. The objective of the inspections is to reduce pollutant loading from municipal sites. Inspections MI include noting any problems or issues that may have an impact on stormwater quality, and any corrective actions taken. Schedules and procedures have been established for the inspections, and a record -keeping system schedules and documents inspections. Develop training materials on pollution Educate all employees on clean water issues and on X X X X X Public Works Director prevention for public facilities, using workplace responsibilities to reduce or eliminate Stormwater Engineer existing materials gathered from other pollutants from stormwater. Maintain program annually organizations or creating new tools as and report on number of employees trained and needed. Educate all employees subjects covered. annually on the need for controls to protect stormwater from exposure to potential pollutants. Provide training for those employees Provide training to all employees who maintain the X X X X X Public Works Director that maintain the drainage system with drainage system with a focus on floatable, grit, Stormwater Engineer the focus on disposal of floatables, sediment, and disposal of pollutants removed from the grit, sediment, and other pollutants drainage system. Report annually on number of removed from the system. employees trained and subjects covered. Page 20 COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM REPORT TOWN OF GREEN LEVEL 6.1 BMP Summary Table (cont'd) BMP Measurable Goals 1R Y2R 3R 4R Y6 Responsible.Position/Party Provide training to employees that Provide training to all employees who manage and X X X X X Public Works Director manage and apply chemicals for apply chemicals to address safe storage, application Stormwater Engineer control of dust, pests, vermin, and and disposal of residual chemicals. Repeat training weeds and/or are used to enhance the annually throughout the permit. Report on number of growth or condition of public urban employees trained and subjects covered. landscape and recreation facilities. Training will target the safe and effective application, storage and disposal of chemicals used. Evaluate BMP methods of collecting Implement Truck Washing with minimal water quality X Public Works Director and treating the wash water from truck impacts beginning in Year 2. Stormwater Engineer washing operations. Page 21 7.6.5 Vehicular Operations All vehicles, equipment, and associated material at the Public Works facility are stored inside a building or under a covered parking area. The Public Works vehicles are washed off -site at commercial car washes and all vehicle and equipment repairs are performed off -site by various venders. Only minor vehicle and equipment maintenance take place at this facility. 7.6.6 Waste Disposal Garbage, recyclables, and heavy trash collection are contracted out to private companies. 7.6.7 Flood Management Projects Future flood management projects will be reviewed from a water quality standpoint. 7.6.10 Decision Process The most effective and practical BMPs for minimizing stormwater pollution were selected for this program. 7.6.11 Evaluation The pollution prevention/good housekeeping for municipal operations program will be evaluated based on how each individual BMP is meeting its measurable goal at the end of each reporting period. Changes will be considered for any BMPs that are not meeting the measurable goals. Page 23 7.6.2 Affected Operations The Town of Green Level operates a municipal building that serves as a town hall and a county sheriff substation and a Public Works maintenance facility and storage yard. All vehicles, equipment, and materials at the storage yard are stored in a building or covered storage area. There are no known floor drains in any of the buildings at this facility. 7.6.3 Training Training materials have been developed on pollution prevention for public facilities, using similar materials as will be used in the public outreach program. All employees will be educated annually on the need for controls to protect stormwater from exposure to potential pollutants. This training will also serve as the training requirement for public employees as specified in the outreach component of the Illicit Discharge section of this program. All public employees involved in vehicle, open space, or building maintenance operations will be provided training in BMPs, the processes and materials they are working with, safety hazards, practices for preventing discharges, and procedures for responding quickly and properly to toxic and hazardous material incidents. All public employees involved in stormwater drainage system maintenance will be specifically trained in the disposal of floatabies, grit, sediment, and other pollutants removed from the system. Additional training, or certification, will be provided to employees that manage and apply chemicals for control of dust, pests, vermin, and weeds and/or to enhance the growth or condition of public urban landscape and recreation facilities. Training will target the safe and effective application, storage and disposal of chemicals used. 7.6.4 Maintenance and Inspections A preventive maintenance program has been developed that includes routine inspections of catch basins and other stormwater systems for the municipal building and vehicle storage yard. The objective of the inspections is to reduce pollutant loading from municipal sites. Inspections include noting any problems or issues that may have an impact on stormwater quality, and any corrective actions needed. Schedules, procedures, and a record -keeping system are used to schedule and document inspections. Page 22 Stormwater Management Program Assessment North Carolina Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 Town of Green Level Permit Number: NCS000463 County: Alamance Background Information swi00010 APPLICANT STATUS INFORMATION Report Number: NCS000463_2010 Region: Winston-Salem 2010 sw10002o Name of Public Entity Seeking Permit Coverage Town of Green Level ;wwoo6o Jurisdictional Area (square miles) 1.506 Sw100070 Population Permanent 2375 sw,aoiio RIPE 1 MS4 SYSTEM INFORMATION 3w100120 Storm Sewer Service Area (square miles) 1-3 Swloot30 River Basin(s) Cape Fear ;w,00,eo Estimated percentage of jurisdictional area containing the following four land use activities sw,00,so Residential 72 3w,o0170 Commercial 4 sw,00iao Industrial 7 >w,00,so Open Space 17 swioo2io Do you have an inventory of storm water inlets, pipes, ditches, and open channels? Yes sw1002N Do you know how many outfalls your city discharges to and where they are located? sw100260 EXISTING LOCAL WATER QUALITY PROGRAMS "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended toprotect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " sw,002ao River Basin Page 3 of 28 rwl()0283 Program 1 Receiving Stream Name Back Creek SW100300 Stream Segment 16-18-(6) SW100310 Water Quality Classification C; NSW sw'00320 Use Support Rating TMDL No sw100331 program 2 Receiving Stream Name Otter Creek r 100333 Stream Segment 16-18-(6) SW100334 Water Quality Classification C; NSW TMDL No 1 sw,00337 Program 3 Receiving Stream Name UT to Back Creek sw100339 Stream Segment - 16-16-(6} SW10033A Water Quality Classification C; NSW TMDL No SW10033E Receiving Stream Name UT to Boyd's Creek Comments: Streams are listed alphabetically. A complete list of receving streams is available in the Stormwater Management Plan. r 10033F Stream Segment 16-16 SW10033G Water Quality Classification C; Nsw sw10033r1 Use Support Rating SW100331 TMDL No Page 4 of 28 r100340 Local Nutrient Sensitive Waters Strategy NO sw,00mo Local Water Supply Watershed Program No sw,w3so Delegated Erosion and Sediment Control Program Yes CAMA Land Use Plan No swiw400 Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo maps or SCS map. Streams that are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. sw11)0440 River basin you are in: http://h2o.enr.stale.nc.us/basinwide/whichbasin.htm swim450 Stream Index Numbers: http://h2o.enr.state.nc.ustbims/Reparts/reportsWB.htmi sw100460 Water Quality Classifications: hftp://h2o.enr.stale.nc.us/bims/Reports/reportsWB.html r w,w47o Basinwide Water Quality Plans: http://h2o.enr.state.nc.us/basinvAde/index.htmi 7 Sw,OD480 303(d) List: http://h2o.enr.state.nc.us/mtu/download.htmi sw100490 CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) $w,00soo Do you co -permit with a permitted Phase I entity? No sw,00s,o If so, provide the name of that entity: Other Entity NA a Have legal agreements been finalized between the co-permittees? —No RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS sw,0058D Do you intend that another entity perform one or more of your pen -nit obligations? Yes sw,00sso If yes, identify each entity and the element they will be implementing sw,00soa Name of Entity Piedmont -Triad Council of Government swi0o610 Element they will implement Education and Outreach r lomo Contact Person Elizabeth Jernigan sw140630 Contact Address 2216 West Meadowview Rd Suite 201 Greensboro, NC 27407 sw,0640 Contact Telephone Number 336--294-4950 Page 5 of 28 sw,00mo Are legal agreements in place to establish responsibilities? Yes sw300660 PERMITS AND CONSTRUCTION APPROVALS SWI00700 State or NPDES Stormwater Permit Number (s) issued to the permiltee MCS000463 SWIMo 20 MS4 CONTACT INFORMATION SWI00930 Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. sw100sa0, Name ^Rodney Gunn swl00950 Title Public Works Director sw+00%0 Street Address 2510 Green Level Church Rd PO Box 729 9 City Haw River State NC swtolo O zip 27258 Telephone 336-578-3443 swT02o Fax swi01030 E-Mail rdgunn@greenlevelnc.com swioiaao "Permiriee's.Website" ,. ' http://www.dree'nl'evelnc.' com/•'' BMPs F7Doyou plan to add any new BMPs? Nod.+`'�r . i sw10107o Do you plan to amend any existing BMPs? No swioioeo If yes; please provIde�a BMP description measurable goal and implementatroschedue for, each newi Moor amended BMP If;further space is needed ariacFi' additional Co -Permitting Information sw101570 Contract Operations Page 6 of 28 swI016m Does the Stormwater Management Program identify contract operations (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Yes Construction Site Stormwater Runoff Control Sw104190 Construction Site Stormwater Runoff Control swiw2w Does the permittee rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to SW 104220) Yes sw104210 If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. sw104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements? (If no, go to SW104300) Not Applicable. Comments: Relies on NCDENR Divison of Land Reasources (DLR) Erosion and Sediment Control Program. sw104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Not Applicable sw,04250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Not Applicable Sw104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Not Applicable sw104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Not Applicable sw104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW1104450) Not Applicable Comments: Relies on NCDENR Divison of Land Reasources (DLR) Erosion and Sediment Control Program. Does the Stormwater Management'Program summarize what best management practices will'be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Not Applicable SW104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? Not Applicable Page 7 of 28 ,wt04330 If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. SW10434D Does the Permittee conduct site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? Not Applicable wioa&o The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. SWI04360 Does the Stormwater Management Nrogram describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? Not Applicable w104370 The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary, penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. sw,o4wo Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? Not Applicable wsawsa Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site,wastes that may cause adverse water quality impacts? Not Applicable SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? Not Applicable }+'wim450 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? Yes SW104460 Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. W10"70 Staff Training and Certification sw10448o The number of training and certification programs offered to staff. 1 wim4go The number of trained staff inspectors. a _ sw,oasoo The number of certified staff inspectors. 0 w,oae,o The number of certified contractors by permittee. ° 3 Sw104520 Inspection and Enforcement w,o4530 The number of plans reviewed greater than one acre. 0` sw104e90 The number of enforcement actions or NOVs taken. 0 Page 8 of 28 Illicit Discharge Detection and Elimination SW103190 Illicit Discharge Detection and Elimination SW10320o Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? Yes SW10326o Does stormwater mapping include drainage areas? Yes SWID327o Does stormwater mapping include receiving streams? Yes SW103280 Does stormwater infrastructure mapping include outfalls? Yes SW103290 Estimated or actual number of outfalls. SW1033w Does stormwater infrastructure mapping include sewer pipes? .- Yes SW103310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? Yes SWI0332o Estimated or actual number of structural BMPs? 0 SW103330 Percent of outfall mapping complete. 100 sw1033ao Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? Yes SWI0335o Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? Yes swlomw Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? Yes SW103370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: SW1033M Procedures for locating priority areas. SW103390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. sw103400 Procedures for removing the source of the illicit discharge. Page 9 of 28 sw103410 Procedures for evaluation of the plan to detect and eliminate illicit discharges. sw103420 Does the Stormwater Management Program address the following categories of non storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permitteenulls small MS4: Yes landscape irrigation; sw1o344o waterline flushing; diverted stream flows; sv+10y+� uncontaminated groundwater infiltration; Sw103470 discharges from potable water sources; swlw48o air conditioning condensate (commerciz SW103490 springs; '• "." •'.•• _' - sw1035m footing drains; sw103510 residential and charity car washing; swl03sw dechlorinated swimming pool discharges; rising groundwaters; sw103540 uncontaminated pumped -groundwater; foundation drains; sw103660 irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); sw103570 ,,eater from crawl space pumps; SW103580 lawn watering; swim5go flows from riparian habitats and wetlands; sw103600 street wash water; sw103610 flows from emergency fire fighting. swmmo The permittee may.also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. Page 10 of 28 sw103e3o These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). sw103640 Does the Stormwater Management Program document local controls or conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? Yes SW103650 in addition to conducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? Yes SW1037oo Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? Yes SW10371D Does the Stormwater Management Program establish an illicit discharge management tracking system? Yes SW103720 Does the Stormwater Management Program establish a stormwater incident response program? Yes SW103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? Yes SW10374o Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? Yes SW10375o Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? Yes Comments: The Town does not own a street sweeper and no plans are being made to purchase one in the near future. SW103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Yes SW103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? No Root Cause: Existing policies conflict with stormwater management initiatives Plan of Action: Procedures are already regulated through other programs. a No Root Cause: Existing policies conflict with stormwater management initiatives Plan of Action: Procedures are already regulated through other programs. Comments: Coordinated through Alamance County. sw103850 Identifying Illicit Connections sw103m The number of sites prioritized for inspection. 1 SW103M The number of illicit connections reported by citizens. 0 sWn3NO The number of illicit connections found. Page 11 of 28 � — - -- sw1038so The number of illicit connections repairedlreplaced. 0 0 The number of illicit connection referrals. —0. Illegal Dumping r 103930 The number of illegal dumps reported by citizens. 0 SW10394o The number of penalties enforced upon the participants of illegal dumps. 0 sw,o395o The number of illegal dump or sit -out clean-ups completed. 0 SW1031J70 Industrial or Business Connections SW103980 The number of dry weather teststinspections completed. 0 swlo3sso The number of high -risk connections prioritized. 0 r The number of illicit connections reported by employees or businesses. �0 SW104010 The number of illicit connections found. 0 swIO4020 The number of illicit connections repaired/replaced. 0 Recreational Sewage The number of pump -out stations. SVV104050 The number of no -discharge areas created. 0 r'0401,1 The number of new signs added to inform users of dumping policies and alternatives. 0 SW10407o The number of enforced cases of recreational dumping. 0 swloaoso The number of citizen complaints made reporting illegal action. swloaoso Sanitary Sewer Overflows (SSO) rW10410o The number of overflows reported: 3 sw104110 The number of overflow causes that were identified during inspections. 3 Comments: Heavy Rain, rl04120 The number of sites repaired. 3 sw104130 Wastewater Connections to the Storm Drain System sW10414o The number of rerouted connections. �0 Page 12 of 28 SW104150 The number of dry weather monitoring activities performed. 0 W1oow The number of unwarranted connections reported. 0 sYV104170 The number of unwarranted connections found. 0 W104180 The number of unwarranted connections repaired/replaced. 0 Information specifically regarding the permit SW101460 Permitting Information W101490 Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? Yes Ordinance, Legal or Regulatory Authority SW107050 Ordinance, Legal or Regulatory Authority W107060 Illicit Discharge Detection & Elimination Adopted SWID707o Erosion & Sediment Control Not Applicable W107080 Post -Development Stormwater Management Adopted SW107090 Stormwater Ordinance Not Applicable W1m100 Unified Development Ordinance Not Applicable sw1or110 Flood Damage Protection Ordinance Not Applicable W107120 Other: Not Applicable SWI07130 Other: Not Applicable W107140 Other: Not Applicable Pollution Prevention/Good Housekeeping for Municipal Operations SW105750 Pollution Prevention/Good Housekeeping W105760 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Page 13 of 28 Yes 1 sw10577o Does the Stormwater Management Program list the permittee's municipal operations that are impacted by this operation and maintenance program? Yes sw1o57eo The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. Sw105790 Municipal Operations include: swieswo Transfer Station No sw105810 Fleet Maintenance No swiosm Airport �No - sw105a3o Animal Shelters No swlom4o Waste Water Treatment Plan No sw'05e50 Water Plants No Construction Debris Site NO SW105870 Transit Authority No sw,osasa Public Works Operations. Yes . swlomw Prisons No sw1os9oo Emergency Service Facilities Fire Stations No swiosszo Landfills No Schools No Parks —No swi05950 Waste Recycling Centers No swi05%0 Vehicle:Maintenarice Ope No swlo5e70 Vehicle Wash Operations No swI05N0 Pump Stations or Lift Stal Yes swi05990 Other: NA Page 14 of 28 sw1060ao In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? Yes sw,06010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? Yes sw,0600 Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? Yes sw10605o Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? Yes sw106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? Not Applicable sw,oe,w, Did the permittee review the Stormwater Pollution Prevention Plan, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Not Applicable sw106160 Does the permittee have a Used Oil Recycling Program? Not Applicable sw10617o Does the permittee have a street sweeping program? No Root Cause: Funds for siormwafer management related activities are not sufficient Plan of Action: No plans are in place for purchase of street sweeper equipment. swloslao Does the permittee have a program to clean catch basins, storm lines, and ditches? Yes sw,oe,so Does the permittee review fertilizer and pesticide use programs? Not Applicable SW106200 Does the permittee have spill prevention plans at city facilities? Yes sw106216 City Facilities Inspections sw106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Not Applicable SW106230 Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? Yes Sw106240 Does the permittee inspect stormwater outfalls? Yes SW106250 Does the permittee inspect culverts? Yes sw10626o Does the permittee inspect swaleslditchs? Yes sw106270 Does the permittee inspect catch basins, inlets, and grates? Page 15 of 28 �Yes - swlos2ao Does the permittee inspect MS4 pipes? Yes sw1a6290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? Not Applicable SWI06300 Does the permittee inspect animal shelters and pounds? Not Applicable sw156316 Does the permittee inspect parking lots? Yes sw106320 Does the permittee inspect parks and open spaces? Yes swlo633o The number of inspections conducted. Automobile Maintenance sw1o6410 The number of employees trained in preventing pollution from automobile maintenance activities. 2 Comments: 3 trained previously. Sw106420 The number of sites rewarded as being a "clean site" under a rewards program. 0 sw1a6430 The number of skills -reported. a SW106440 The number of educational materials distributed at garages, auto shops, and other automobile -re businesses. 0 sw1o646o The total number of storage facilities equipped to store hazardous materials. D o The number of regularly inspected storage units. sw106480 The number of employees trained in hazardous material storage and maintenance. 0 swl065oo The number of "no dumping" signs posted. 0 —Wim,o The number of educational materials distributed. SWID6520 The number of reports of illegal dumping received. 0 sw106530 The number of dump sites and/or illegal sit -outs cleaned up. 0 sw10654o The number of sites improved to eliminate as target dumping spots. 0 swl06&o The number of enforcement actions pertaining to illegal dumping, sw106560 Landscape and Lawn Care, and Pest Control swl06570 The number of stores/gardens participating in education programs. Page 16 of 28 sw,o6680 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. 0 swtoesso The number of classes/seminars offered by the permittee in landscaping and lawn care. 0 swio6610 The number of municipal employees trained in integrated pest management. 0 sw,omm Parking Lot and Street Cleaning SW106630 The number of parking lots. 1 sw106640 The number of scheduled parking lot and/or road cleanings. NA sw106650 Pet Waste The number of dog parks. _0 Comments: Two clean up after your pet signs were installed at the Town's park. i The number of "pooper-scooper' stations installed 0 Comments! Two clean up after your pet signs were installed at the Town's park. swiffimo The number of educational materials distributed. 0 Comments: Two clean up after your pet signs were installed at the Town's park. Sw106690 Road Salt Application and Storage sw1o6700 The number of storage facilities included in a regular inspection and maintenance program. NA Comments: Relies on NCDOT. sw106710 The number of employees trained in road salt application. NA sw,06720 The quantity of salt applied to roadways (in tons). NA sw106730 The quantity of alternative products used (in tons). 0.8 'ion sw'06810 The number of leak detection devices installed at municipal facilities. 0 swioeeso The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equipment. 5 Comments: Pump stations are checked and maintained daily. sw10683o The number of personnel trained in spill response 2 Comments: 3 trained previously. s17110wo The number of regularly inspected high -risk facilities. Page 17 of 28 sw106850 The number of educational materials distributed to municipal employees. 2 sw,06&0- Storm Drain System Cleaning SW106870 The number of outfalls cleaned regularly. 3 Comments: As needed. regu Comments: As needed. I 1 sw1066so The amount of trash, sediment, and other pollutants removed during cleaning (in tons). NA SWI06900 Used Oil Recycling sw,06910 The number of gallons of used oil collected from municipal operations. 102 sw1o692o The number of recycling facilities that collect oil from municipal operations. i SWI06930 The number of educational materials distributed to municipal employees. 2 sw,06950 The number of educational materials distributed to municipal employees. NA sw10696o The number of designated municipal vehicle washing areas. NA Post -Construction Storm Water Management in New Development and Redevelopment swaoaeso Post -Construction Storm Water Management in New Development and Redevelopment sw,oasoo Does the Stormwater Management Plan summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw,o4910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Yes sw'04e2o The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. SW104930 Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance (O&M) of BMPs? Page 18 of 28 Yes swloasao Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. Yes swios000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? Yes sw,osoio Do new development and redevelopment codes allow for the following: Bioretention basins? Yes swio5mo Alternative pavers? Yes sw,o5wo Buffer zones? Yes r ION50 Dry ponds? Yes swiososo Wet ponds? Yes swl0507o Alternatives to curb and gutter? Yes swiasoao Grass swales? Yes sw'05o90 Grassed filter strips? Yes Green parking lots? Yes sw,osna In -line storage systems? Yes Infiltration basins? Yes sw,os,sa Infiltration trenches? Yes Sw105140 Manufactured products installed in storm water inlets? Yes SWI05150 Developments and redevelopments that use narrow streets? Yes On -lot treatment? Yes sw105170 Open space design? Yes Sand and organic filters? Yes swlasleo Porous pavement? Yes Stormwaler wetlands? Yes sw,0521a Urban forestry? Yes Page 19 of 28 sw105220 Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? Yes Lsw�o52w Does the Stormwater Management Program provide training for staff and developers/builders? Yes swios260 BMP Inspection and maintenance sw1o527o°Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Yes SW105290 The number of BMP inspections and/or maintenance activities. 0 rr,o52w The number of problems that were identified and remedied. _0 - - — — - swi05300 New Development and Redevelopment BMP Summary swloeslo The number of developmentfredevelopment projects regulated for post -construction stormwater control. a sw,o5mo Evaluation of Post -construction Stormwater Management Program Measures •sVY105560 Model Practices: For -those- areas within the jurisdictional area of the permittee that are not subject to - the post -construction stormwater management provisions of another existing state stormwater` management program, does the permittee% Post -construction Stormwater Management Program equal or exceed the Stormwater management and water quality protection provided by the following model practices: !I sw10557o Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Yes sw,05580 Do projects permitted as a low density projects meet the following criteria: Yes swi05590 No more than two dwelling units per acre or 24% built -upon area; and, swloseon Use of vegetated conveyances to the maximum extent practicable? SW105610 Are projects permitted as high density projects meet the following requirements: Yes Sw105620 The stormwater control measures control and treat the difference between the pre -development and' post -development conditions for the 1-year 24-hour storm. Runoff volume draw -down time must be a ,minimum of 24 hours, but not more than 120 hours; w105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and sw1O%40 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); sw1o565o Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? Yes swiomw Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? Page 20 of 28 Yes Sw105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? Yes Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1— WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. swi05690 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. SWI05700 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? Not Applicable sw105710 Additional Requirements for Nutrient Sensitive Waters sw,D5rn Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to'ensure that the best management practices for reducing nutrient loading is selected? Yes Sw105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program? Yes swios»D In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Program Accomplishments Sw106970 Staff and Capital Improvement Projects sw,069m The number of staffed stormwater management position(s). 0 swim990 The number of new stormwater management position(s) created or staffed for the reporting year. sw107000 Total annual budget (excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. $4,800 sw1070lo The number of Capital Improvement Projects planned. sw10702o The number of Capital Improvement Projects active. 0 Sw107030 The number of Capital Improvement Projects completed. Page 21 of 28 I 3w107040 Total annual budget for Capital, Improvement Projects for the reporting year. $92,820 Public Education and Outreach swioiwo Public Education and Outreach sw,olma Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes 3w101710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected? Yes 3WI0172o Does the Stormwater Management Program identify what target pollutant sources the permittee's public educationprogram is designed to address and why those sources are an issue? Yes sw101730 Does the Stormwater Management Program describe the permittee'ls outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? Yes swio,rso Has the permittee develop general Stormwater educational material to appropriate target groups? . Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. Yes . SW101760 Does general stormwater educational material include information on the following topics: >wiomo Household Hazardous Waste Yes sw1017$0 Pet Waste Yes SW101790 Septic Systems Yes sw101800 Lawn and Gardening Yes ;wtoia,o Vehicle Washing Yes SWI01820 Erosion Yes sw,oiwo Stream Buffers Yes SWI01840 Flooding Yes ;wtol&w Litter Yes sw'01860 List any additional topics not identified above. NA SWI01870 Does the perinitteenulls-outreach program include: Page 22 of 28 swioieso Distributing printed educational material to general public through utility mail outs? No Root Cause: Supplies have been ordered but have not been received Plan of Action: Materials have not been picked up from the PTCOG. Materials will be distributed in the near future. sw,o,sso Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? Yes swloigoo Distributing printed educational material to business 1 industry? Yes sw,a,eio Presentations to local community groups? Yes Comments: Relies on PTCOG. No presentations were given to local community groups within the Town's limits. However Stormwater SMART did attend festivals and do presentations for libraries and schools in and around other local municipalities. sw10192o Stormwater programs/presentations for elementary or middle schools? Yes Comments: The PTCOG has a school program but no schools are within the Town's Limits. PTCOG did presentations at schools within the county. sw,o,sao Local TV or radio spots? No Root Cause: Best Management Practice is not established Plan of Action: The PTCOG has not yet established this BMP. TV spots are visible from other sources. swioiNo Print Media - Ads 1 Articles 1 Newsletters? Yes sw,o,oso posters? Yes sw,o,gso Storm drain stenciling Yes sw,o,97o Other environmental education programs (i.e., Designate a "Keep SW Clean" month)? Yes sw,o,gec Workshops No Root Cause: Staffing levels are not sufficient to achieve performance goals Plan of Action: Workshops were made available in other nearby municipalities, but none within Green Level. Workshops will be presented at some point in the future. sw,o,oso Stream basin signage? Not Applicable sw,owoo Has the permittee developed an internet web site for newsletter articles on Stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes Comments: The Town's website currently does not have a stormwater web page. The Town had a stormwater web page but recently updated their web site, the stormwater web page will be added back to their web site. There is a link to the PTCOG on their website. noes ine perrmttee maintain an internet wet) site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes Comments: he Town's website currently does not have a stormwater web page. The Town had a stormwater web page but recently updated their web site, the stormwater web page will be added back to their web site. There is a link to the PTCOG on their website. Page 23 of 28 Sw102060 Classroom Outreach sw102070 The number of educational materials distributed to schools. NA - - - — -- - — - Comments: There are no schools within the Town'sjurisdiction. swlo2oao The number of schools that participate in municipal -sponsored storm water workshops or a NA Comments: There are no schools within the Town's jurisdiction, r 102ow The number of students that participate in municipal -sponsored storm water workshops or activities. NA sw102101) The number of workshops held for teachers. NA sw102110 The number of certificates or other rewards given out to schools, classes, or students participating in storm water education. NA Swt02120 The number of students receiving storm water education as a regular part of the school curriculum. NA SWI02150 The number of stormwater related displays at special events or meetings. NA relies on the PTCOG. LSW 10216o The number of people at events who saw the display or took a pamphlet/booklet. NA relies on the PTCOG. Sw102170 Number of new homeowner welcome packets containing storm -water -related information. NA relies on the PTCOG. swwiw The number of signs and billboards with stormwater related messages. NA relies on the PT OG. SW102190 The number of stormwater related presentations at special events or meetings. NA relies on the PTCOG. sw102210 The number of educational materials that were distributed to business owners and operators. NA relies on the PTCOG. sw+omo The number of businesses trained under the stormwater program. F—NA .relies on the PTC�G. Pet Waste Management r32o1o2The number of "clean up after your pet" signs posted in parks and neighborhoods. 2 sw10233o The number of dog -walking designated areas in parks. a swlo234o The number of posters/brochures put up in pet supply stores. FNA relies on the PTCOG. sw102350 The number of educational materials given out to pet owners. NA relies on the PTCOG. SW102360 Promotional Giveaways Sw102370 The number of items given out. NA relies on the PTCOG. Page 24 of 28 Comments: Stormwater SMART did not give any items out within the Town of Green Level however they did give away many promotional items at other events in nearby municipalities. sw,023w The number of events attended (to give out items). NA relies on the PTCOG. Comments: Stormwater SMART did not attend any events within the Town of Green Level however they did attend events at other nearby municipalities. sw102390 The number of partnerships for promotions (radio, TV, Businesses). NA relies on the PTCOG. SWID2410 The number of household hazardous waste curbside pickup days. 0 Comments: The Town does not have household hazardous waste curbside pickup days but the County landfill accepts HHW items year -around at the conveniencelrecycling center. sw1o242o The number of educational materials distributed to homeowners. NA relies on the PTCOG. sw,0243o The number of partnerships established with businesses. NA relies on the PTCOG. sw10245o The number of brochures/posters created in non-English languages. NA relies on the PTCOG. Sw,02460 The number of educational materials distributed in non-English languages. NA relies on the PTCOG. SWI0247o The number of partnerships established with minority organizations. NA relies on the PTCOG. SWI024m The number of educational materials distributed to low-income neighborhoods. NA relies on the PTCOG. SVV102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. NA relies on the PTCOG. swimmo Using the Media Sw102550 The number of public service announcements made on radio and TV. NA relies on the PTCOG. sw,02560 The number of stormwater related press releasesladvertising. NA relies on the PTCOG. sw10257o The number of stormwater related articles published. NA relies on the PTCOG. SWI02580 Water Conservation for Home Owners sw102590 The number of partnerships established with local water utilities. 0 Comments: The Town of Green Level operates its own water utility. bills. NA relies on the PTCOG. sw1026lo A survey of homeowners about their water conservation behavior before and after the message is delivered, NA relies on the PTCOG. Page 25 of 28 Public Involvement and Participation >w102620 Public Involvement and Participation sw102030 Does the Stormwater Management Program summarize what best management practices will be used, , the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes 3w102e4o Does the Stormwater Management Program identify the target audiences of the permitteenulls public involvement program, including a description of the types of ethnicand economic groups engaged?. Yes SW102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. tw'02e60 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types o' public involvement activities included in the permittee's program that the permittee plans to use to educate local community. groups? Yes 3WI02670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: ,w,omw Public Hearings, stakeholder meetings, or other meetings? . Yes - -- - — - - Comments: Public hearings have been heald in the past but none within the past year. r ,w1026e0 A Stormwater Steering Committee (or similar advisory group)? Yes Comments: The Town is actively soliciting for citizens interested in serving on stormwater advisory committee. 3w102700 Stream clean-up events? Yes Comments: Implemented through the PTCOG. Stormwater SMART had 5 volunteers that picked up " approximately 180 pounds of trash as part of the NC Big Sweep. sw502710 Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail program? Yes Comments: Implemented through the PTCOG. sw102720 Reforestation: programs or wetland planting programs? Not Applicable SW102730 A stormwater hotline? Yes SWID2750 Storm drain stenciling? Yes Comments: Implemented through the PTCOG. SWUM Regional workshops? Not Applicable SWI02780 Telephone/WWMall surveys? Page 26 of 28 Not App icab-J e SWI02790 Working with citizen volunteers willing to educate others about the program? Not Applicable sw,o2wo Adopt -A -Stream Program SWUM The number of participants in Adopt -A -Stream, Adapt -a -drain, Adapt -a -highway or Adapt -a -trail programs. NA relies on the PTCOG Comments: Implemented through the PTCOG. Stormwater SMART had 5 volunteers that picked up approximately 180 pounds of trash as part of the NC Big Sweep. swimwo The quantity of trash and debris removed by Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail volunteers (in tons). NA relies on the PTCOG Comments: Implemented through the PTCOG. Stormwater SMART had 5 volunteers that picked up approximately 180 pounds of trash as part of the NC Big Sweep. Surveys sw102e7o The number of citizens solicited to complete surveys. [_NA relies on Elie PTCQG 5w102880 The number of completed surveys. NA relies on the PTCOG swi02900 The number of calls received by a hotline(s). 0 3 The number of problemstincidents remedied as a result of hotline calls. Reforestation Programs sw,029m The number of volunteer tree planters. NA swf0294o The number of trees planted. NA 3 The number of acres planted with trees. DNA sw,02%0 Public Hearings, stakeholder meetings, or other meetings sw,0297o The number of meetings held. 0 The number of attendees. 0 sw,o2m The number of actions taken as a result of stakeholder meetings. F_0 Storm Drain Stenciling swl03010 The percent of drains stenciled. NA relies on the PTCOG sw10302o The number of stenciling volunteers. NA relies on the PTCOG sWI63030 The number of drains stenciled. F^14A7rel-ies on the PT��G Page 27 of 28 SW103040 Stream Cleanup sw1o3o5o The number of stream cleanups. NA relies on the PTCOG Comments: Stormwater SMART had 5 volunteers that picked up approximately 180 pounds of trash as part of the NC Big Sweep. Sw103060 The number of cleanup participants. NA relies on the PTCOG Comments: Stormwater SMART had 5 volunteers that picked up approximately 180 pounds of trash as part of the NC Big Sweep. sw103070 The quantity of waste collected as a result of cleanup efforts (in tons). NA relies on the PTCOG Comments: Stormwater SMART had 5 volunteers that picked up approximately 180 pounds of trash as part of the NC.Big Sweep. sw10308o The number of stream miles cleaned. NA relies on the PTCOG swimogo Volunteer Monitoring swioaioo The number of volunteers participating in monitoring programs. NA swimiio The frequency of monitoring in the watershed (D-Daily, W-Weekly, B-Bimonthly, M-Monthly, Q-Quarterly and A -annually). NA swi03120 The number of volunteer monitoring stations established in the watershed. NA rw103130 The number of volunteer monitoring training sessions held. NA SWI0314o The number of actions that were taken as a result of the monitoring data -collected by volunteers. NA sw103156' Wetland Plantings so The acres of land planted. NA swto317o The number of volunteers that participated in planting. 4 NA Sw103180 The number of planting events held. NA Page 28 of 28 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 GREEN LEVEL ALGENE TARPLEY, MAYOR P.O. 130X 729 HAW RIVER, NC 27258-0729 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage Algene Tarpley: 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: ( l) "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 II 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 1I 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 If 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 Green Level 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 Green Level does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is I8 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.html. 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,, /_5V4, T Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Winston-Salem Regional Office ©xj NCDENR N. C. Division of Water Quality 1617 Mail Service_ Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1- 800.623-7748 NCDENR - Maps http://portal.ncdenr.org/web/jordaniake/map NC Department of Environment and Natural Resources Jordan Lake Rules - Maps r....... 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Phase 11 Post -Construction Local Ordinance Provision Checklist Model Ordinance Language Main Provisions Required in Stormwater Ordinance, see note 3 Page Ref 1 Findings & Purpose: Meeting post -construction stormwater requirements of Phase II 9 2 Application to development and redevelopment disturbing 1 or more acres 11 ✓ ✓ 3 Stormwater Map diti al if poss.)identifying ord. geographic coverage area & location of structural BMP's public&private 12 4 Design Manual basis of decisions on SW permits/design, implementation, performance of struct. & non-struct BMPs 14,30 5 Conflict of Laws: Ordinance effect on existinQ, private agreements, easements, covenants 15 6 Ordinance Effective Date & Impact on development applications 16 7 Designation of Local Stormwater Administrator 18 8 Stormwater Permit Application Reg, Submission Schedule, Fees, Administrative Manual . info for applicants) 19 ✓ i ✓ 9 Stormwater Management Concept Plan of post -development struct.lnon-structural controls and conveyance systems 22 ✓ ✓ 10 Consultation Meeting to assess necessary sw m mt measures, constraints, opportunities and potential approaches 22 11 Requirement for As -Built Stormwater Plan 24 12 Approved Plan Time Limit & Expiration Provision 24 _ 13 Low Density Development Standard of Vegetated Conveyances 27 14 Low Density Development Standard of BUA 30 feet from all perennial & intermittent surface waters 27 15 Low Density Dev Std of Enforceable recorded restrictions, deed restrictions, protective covenants 28 16 High Density Dev Std 112 mi SA waters of treating sw runoff diff. between pre & post dev conditions for 1 r 24hr storm 28 c/ 17 Hi ensit Dev Drawdown Std 241120 Pre S.L. 2006-246) 481120 Post S.L. 2006-246 , 85% TTS removal, etc. 28 _ 18 High Density Dev Std of controlling & treating one inch to one & a half inches depending on location S.L. 2006-246 28 ✓ 19 Shellfish Resource Waters provisions S.L. 2006-246 , 12 " natural!y occurring soil above seasonal high water table 28,30,50 20 Local ado tion of Comprehensive Watershed Plan (adoption can replace low/high density provisions in model ord 28 21 Dedication of BMPs, Facilities & Improvements 30 22 Variances for hardship and exceptions 31 ✓ 23 BMP maintenance, annual inspections, report 34 L�— e/ 24 BMP operation and maintenance agreement & deed recordation and indications on Plats 35 ✓ '� 25 BMP inspection program 37 ✓ ✓� 26 Performance Security for BMP installation & maintenance 37 27 Ordinance Enforcement provisions, remedies, penalties to EPA max of $27,500 per violation per day 41.42 o Gz-xj.�- R40--sere Vol /J,� . Iv e G � 1 `' lr ���i�✓ �- r A 15T1-mot' l.� y MA y 0 e d % C-izcf . nJ L F- -Vrt— �' �-?z� TT� le CY R ,.-rC4e A 6 � j i`l �� Optional Provisions as listed in Model Ord. or other local post construction provisions 1 Public procedure for amendments to Design Manual if using local manual 15 2 Filing of Appeal and Procedures 25 3 Review by Superior Court of development review decisions 25 4 SA Waters, if applicable 31 5 Pet Waste 31 6 Trout Waters, if applicable 32 _ 7 Nutrient Sensitive Waters, if applicable 33 8 Onsite Wastewater, if not separately adopted 33 ✓ 9 BMP Maintenance Easements 40 10 Illicit Discharges, if not separately adopted 49 11 Open Space, Greenway Requirements, if appropriate or desired local option 12 lPhorphorous Removal Requirements, if applicable or desired local option 13 Post Construction Re s for different local watersheds local option 14 Re s more restrictive than Phase Il local o tion 15 Universal Stormwater Management Program adoption adoption will serve as Phase II compliance) See DWQ website Notes: 1. If required Phase 11 provisions located in other local ordinances, please specify and attach. 2. Be sure to use appropriate Model Ordinance based on when your Phase li permit is issued. Pemits prior to July 1, 2006, use 09-07-2005 version of Model Ordinance; on or after July 1, 2006, use 11-28-2006 version. 3. Compare all Sections of appropriate Model Ordinance against local draft ordinance language to ensure compliance with required Phase II provisions. Phase H Stormwater Post- Construction Ordinance Town of Green Level PHASE II STORMWATER ORDINANCE Table of Contents SECTION 1 - General Provisions............................................................................... 1 1.1 Title..............................................................................................................1 1.2 Authority......................................................................................................1 1.3 Findings................................................................................... ..1 1.4 Purpose .................................. ... 2 1.5 Applicability and Jurisdiction........................................................................ 3 1.6 Interpretation...............................................................................................4 1.7 Stormwater BMP Design Manual................................................................. 6 1.8 Relationship to Other Laws, Regulations and Private Agreements ............. 6 1.9 Severability.............................................................. ...7 1.10 Effective Date and Transitional Provisions..................................................7 SECTION 2 - Administration and Procedures............................................................ 9 2.1 Review and Decision -Making Entities..........................................................9 2.2 Review Procedures......................................................................................9 2.3 Submittal of Complete Application.............................................................11 2.4 Applications for Approval...........................................................................12 2.5 Approvals...................................................................................................14 2.6 Appeals...................................................................................15 SECTION 3 - Standards..................................................... ................16 ..................... 3.1 General Standards ......................................................................16 3.2 Development Standards for Low -Density Projects....................................16 3.3 Development standards for High -Density Projects....................................16 3.4 Standards for Stormwater Control Measures.............................................18 3.5 Dedication of BMP's, Facilities, and Improvements...................................18 3.6 Variances...................................................................................................19 3.7 Nutrient Sensitive Waters..........................................................................19 3.8 Nutrient Application Management Program...............................................19 3.9 On -site Wastewater Treatment Systems ................................................... 22 Town of Green Level i Phase II Stormwater Ordinance SECTION 4 - Maintenance...................................................................................... 24 4.1 General Standards for Maintenance..........................................................24 4.2 Operation and Maintenance Agreement .................................................... 25 4.3 Inspection Program.........................................•-------....................---............27 4.4 Performance Security for Installation and Maintenance ............................ 27 4.5 Notice to owners........................................................................................ 29 4.6 Records of Installation and Maintenance Activities....................................29 4.7 Nuisance....................................................................................................29 4.8 Maintenance Easement.............................................................................29 SECTION 5 - Enforcement and Violations ............................................................... 30 5.1 General ............................... :...................................................................... 30 5.2 Remedies and Penalties............................................................................31 5.3 Procedures ........................................... ......-----.....--.---......... ..... 32 SECTION 6 - Definitions..........................................................................................35 6.1 Terms Defined....................................................... Town of Green Level ii Phase 1! 5tormwater Ordinance SECTION 1 - General Provisions 1.1 Title This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is referred to herein as "this ordinance." 1.2 Authority The Town of Green Level 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; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185. 1.3 Findings It is hereby determined that: Development and redevelopment alter the hydrologic response of local watersheds and increases 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 which are harmful to public health and safety as well as to the natural environment; and These 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 II Stormwater 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 the minimum stormwater controls such as those included in this ordinance. Therefore, the Green Level Town Council establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge. Town of Green level 1 Phase It Stormwater Ordinance 1.4 Purpose a.) General The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing 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 redevelopment. 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. b.) Specific 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; (3) 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 BMPs 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 greenspace, riparian buffers, and other conservation areas to the maximum extent practicable; (6) Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater 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 stormwater management plans, for the Town of Green Level 2 Phase 11 Stormwater Ordinance inspection of approved projects, and to assure appropriate long-term maintenance. 1.5 Applicability and Jurisdiction 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, planned unit developments, and subdivision applications within the corporate limits and extraterritorial jurisdiction of the Town of Green Level, unless exempt pursuant to Subsection (b) of this Division, Exemptions, below. b.) Exemptions Development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance. Development and redevelopment that disturb less than one acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules. 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 redevelopment 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.) Stormwater Map The provisions of this ordinance shall apply within the areas designated on the map titled "Phase II Stormwater Map of Town of Green Level, North Carolina" ("the Stormwater Map"), which is adopted simultaneously Town of Green Level 3 Phase 11 Stormwater Ordinance herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance. 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 structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances. 1.6 Interpretation 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 10-418, Purpose. If a different or more specific meaning is given for a term defined elsewhere in The Town of Green Level's development ordinances, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. 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 text shall control. c.) Authority for Interpretation The Stormwater Administrator has authority to determine 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 30 days. The Stormwater Administrator shall Beep 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 Stormwater BMP 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. Town of Green Level 4 Phase 11 Stormwater Ordinance 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 Town of Green Level, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the Town of Green Level. References to days are calendar days unless otherwise stated. f.) Delegation of Authority Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of Town of Green Level 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, conditions, provisions or events apply. The word "or" indicates 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 number include the plural number and the plural number includes the singular number, unless the context 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. Town of Green Level 5 Phase 1t Stormwater Ordinance 1.7 Stormwater BMP Design Manual a.) Reference to Stormwater BMP Design Manual The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Stormwater Best Management Practices (BMP) Design Manual as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BMPs. The Stormwater BMP Design Manual includes a list of acceptable stormwater treatment practices, including the 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 quality performance standards of the Phase II laws. b.) Relationship of Stormwater BMP Design Manua! to Other Laws and Regulations If the specifications or guidelines of the Stormwater BMP 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 Stormwater BMP Design Manual. c.) Changes to Standards and Specifications If the standards, specifications, guidelines, policies, criteria, or other information in the Stormwater BMP Design Manual 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. 1.8 Relationship to Other Laws, Regulations and Private Agreements a.) Conflict of Laws This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where 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, Town of Green Level 6 Phase 11 Stormwater Ordinance 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 the Town of Green Level be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. 1.9 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. 1.10 Effective Date and Transitional Provisions a.) Effective Date This Ordinance shall take effect on , 2007. b.) Final Approvals, Complete Applications All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Green Level 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. 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. Town of Green Level 7 Phase 11 Stormwater Ordinance (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. 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. Town of Green Level a Phase 11 Stormwater Ordinance SECTION 2 - Administration and Procedures 2.1 Review and Decision -Making Entities a.) Stormwater Administrator (1) Designation The employee(s) or agent(s) designated by the Town of Green Level to oversee the administration and enforcement of this Ordinance. b.) Powers and Duties In addition to the powers and duties that may be conferred by other provisions of the Town of Green Level code and other laws, the Stormwater Administrator shall have the following powers and duties under this ordinance: (1) To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. (2) To make determinations and render interpretations of this ordinance. (3) To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the Green Level Town Council on applications for development or redevelopment approvals. (4) To enforce the provisions of this ordinance in accordance with its enforcement provisions. (5) To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this ordinance. (6) To provide expertise and technical assistance to the Green Level Town Council, upon request. (7) To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator. (8) To take any other action necessary to administer the provisions of this ordinance. 2.2 Review Procedures a.) Permit Required; Must Apply for Permit A stormwater permit is required for ail development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued Town of Green Level 9 Phase II Stormwater Ordinance subsequent to a properly submitted and reviewed permit application, pursuant to this section. b.) Effect of Permit A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural BMPs and elements of site design for stormwater management other than structural BMPs. 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 construction is assured by the maintenance provisions of this ordinance. 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 owner's duly authorized agent. d.) Establishment of Application Requirements, Schedule, and Fees (1) Application Contents and Form The Stormwater Administrator 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 -development 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 shall establish a submission schedule for applications. The 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. Town of Green Level 10 Phase 11 Stormwater Ordinance e.) Permit Review Fees The Green Level Town Council 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 time to time. f.) 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 Stormwater BMP Design Manual in an Administrative Manual, which shall be made available to the public. 2.3 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. a.) Review Within 30 working days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this ordinance. (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 Town of Green Level 11 Phase 11 Stormwater Ordinance application fails to comply. The applicant shall have an opportunity to submit a revised application. (3) Revision and Subsequent Review A complete revised application shall be reviewed by the Stormwater Administrator within 15 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. 2.4 Applications for Approval a.) Concept Plan and Consultation Meeting Before a stormwater 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 sketch or preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post -construction stormwater 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. Watershed Overlay Districts 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 1 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 Town of Green Level 12 Phase 11 Stormwater Ordinance proposed roads, buildings, parking areas and other impervious surfaces. Existing and proposed topography shall be shown at two -foot contour intervals on the tract to be developed and a minimum of 100-feet beyond the property lines. All contour information shall be based on mean sea level and accurate to within one-half foot, The benchmark, with its description and the datum, shall be clearly shown on the plan. (2) Natural Resources Inventory A written or graphic inventory of the 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 limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of 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, The plans shall contain a signed and sealed statement certifying that the design of all stormwater management facilities and practices will control Town of Green Level 13 Phase 11 Stormwater Ordinance and treat the runoff from the from the first one inch of rain over the total drainage area, that the designs and plans are sufficient to comply with applicable standards and policies found in the Stormwater BMP 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 10-426. 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, under seal, that the completed project is in accordance with the approved stormwater management plans and designs and with the requirements of this ordinance. The applicant shall submit all of the information required in the As -Built submittal checklist established by the Stormwater Administrator. 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 Town of Green Level 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 Town of Green Level 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. 2.5 Approvals a.) Effect of Approval Approval authorizes the applicant 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 An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of Town of Green Level 14 Phase tI Stormwater Ordinance 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. 2.6 Appeals Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this ordinance and made by the Stormwater Administrator may file an appeal to the Board of Adjustment within 30 days. Town of Green Level 15 Phase t! Stormwater Ordinance SECTION 3 - Standards 3.1 General Standards All development and redevelopment to which this ordinance applies shall comply with the standards of this section. 3.2 Development Standards for Low -Density Projects Low -density projects (no more than two dwelling units per acre or twenty-four percent built -upon area for all residential and non-residential development) shall comply with each of the following standards: a.) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable. b.) All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made using Division -approved methodology. c.) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 3.3 Development standards for High -Density Projects High -density projects (any project that exceeds the low density thresholds for dwelling units per acre or built -upon area) shall implement structural stormwater management systems that comply with each of the following standards: Town of Green Level 16 Phase 11 Stormwater Ordinance a.) Control and treat the runoff from the first one inch of rain; b.) Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours; c.) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm; d.) All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS); e.) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Stormwater BMP Design Manual; f.) All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made using Division -approved methodology. g.) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. In the event new development or redevelopment has, in the opinion of the Stormwater Administrator or his designee, the potential to cause increased downstream flooding and erosion, a structural stormwater management system will be required that does not allow stormwater to leave the project site at a rate greater ban the.predevelopment discharge rate for the ten-year, 24-hour storm. Town of Green Level 17 Phase 11 Stormwater Ordinance 3.4 Standards for Stormwater Control Measures a.) Evaluation According to Contents of StormwaterBMP Design Manual All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) 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 Stormwater BMP Design Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this ordinance. b.) Determination of Adequacy; Presumptions and Alternatives Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Stormwater BMP Design 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 Stormwater BMP Design Manual, the applicant shall have the burden of demonstrating that the practice(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 BMPs 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. 3.5 Dedication of BMP's, Facilities, and Improvements Unless otherwise approved, ownership of any existing or future stormwater management facilities shall remain with the owner of ht property or a legally established property owner's association. Such facilities shall meet all the requirements of this ordinance and include adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Town of Green Level 18 Phase 11 Stormwater Ordinance 3.6 Variances a.) Any person may petition the Town of Green Level 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. (4) The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will secure public safety and welfare; and will preserve substantial justice. b.) The Town of Green Level may impose reasonable and appropriate conditions and safeguards upon any variance it grants. 3.7 Nutrient Sensitive Waters In addition to the standards for stormwater handling set out in the NCDENR Sformwater BMP Design Manual, development and redevelopment shall be designed to implement the best stormwater practices that reduce nutrient loading, while still meeting the other requirements of this ordinance. 3.8 Nutrient Application Management Program a.) Applicability This Program shall apply to the following persons within the corporate limits and extraterritorial jurisdiction of the Town of Green Level as follows. (1) Persons who own or manage cropland areas for commercial purposes; (2) Persons who own or manage commercial ornamental and floriculture areas and greenhouse production areas; (3) Persons who own or manage golf courses, grassed public recreational lands, grassed road or utility rights -of -way, or other institutional lands totaling at least five acres in size; (4) Persons hired to apply nutrients to the lands described in Sub -Items (1) through (3) above or to residential, commercial, industrial or institutional properties, if the total area of the properties served exceeds 10 acres. This shall not apply to residential, commercial, or industrial landowners who apply nutrients to their own property. Town of Green Level 19 Phase 1! Stormwater Ordinance (5) Nutrient management consultants hired by persons listed in this Item to provide nutrient management advice for lands in the Town's jurisdiction. b.) Requirements Persons to whom this Ordinance applies shall meet the following requirements: (1) Any person subject to this rule who applies nutrients to, or who is hired to provide nutrient management advice for, land within the Town's jurisdiction shall either: (A) Attend and complete nutrient management training pursuant to Item (c) of this Section; or (B) Complete and properly implement a nutrient management plan for all lands to which they apply or manage the application of nutrients, or for which they provide nutrient management advice, pursuant to Item (d) of this Section. (2) Persons who hire an applicator to apply nutrients to the land that they own or manage shall either: (A) Ensure that the applicator they hire has attended and completed nutrient management training pursuant to Item (c) of this Section; or (B) Ensure that the applicator they hire has completed a nutrient management plan for the land that they own or manage pursuant to Item (d) of this Section; or (C) Complete a nutrient management plan for the land that they own or manage pursuant to Item (d) of this Section and ensure that the applicator they hire follows this plan. c.) Nutrient Management Training Persons who choose to meet this requirement by completing nutrient management training shall meet the following requirements. (1) Persons who are subject to this Ordinance as of its effective date, and persons who become subject to this Ordinance after its effective date, shall complete training provided by either the Cooperative Extension Service or the North Carolina Department of Environment and Natural Resources - Division of Water Quality within five years Town of Green Level 20 Phase 11 Stormwater Ordinance and obtain a certificate from the training entity to that effect. Training shall be sufficient to provide participants with an understanding of the value and importance of proper management of nitrogen and phosphorus, and the water quality impacts of poor nutrient management, and the ability to understand and properly carry out a nutrient management plan. (2) Persons who become subject to this Ordinance after its effective date shall complete the training provided by either the Cooperative Extension Service or the North Carolina Department of Environment and Natural Resources - Division of Water Quality and obtain a certificate to that effect from the training entity within one year from the date that they become subject verifying completion of training that addresses the elements identified in Sub -Item (c)(1). (3) Persons who fail to obtain the nutrient management certificate within the required timeframes or who are found by the Stormwater Administrator to have knowingly failed to follow nutrient management requirements as referenced in Sub -Items (d)(1)(A) through (d)(1)(C) of this section shall develop and properly implement nutrient management plans pursuant to Item (e) of this Section. (4) Training certificates must be kept on -site, at the job site, or be produced within 24 hours of a request by the Town of Green Level. d.) Nutrient Management Plans Persons who choose to meet the nutrient application requirement by completing and implementing a nutrient management plan shall meet the following requirements. (1) Persons who are subject to this Ordinance as of its effective date and persons who become subject to this Ordinance after its effective date shall develop and implement a nutrient management plan that meets the following standards within five years of the effective date or within- 6 months from the date that they become subject, whichever is later. (A) Nutrient management plans for cropland shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission, including those found in 15A NCAC 06E .0104 and 15A NCAC 06i= .0104, which are incorporated herein by reference, including any subsequent amendments and additions to such rules that are in place at the time that plans are approved by a technical specialist as required under Sub - Item (d)(2) of this section. (B) Nutrient management plans for turfgrass shall follow the North Carolina Cooperative Extension Service guidelines in "Water Town of Green Level 21 Phase 11 Stormwater Ordinance Quality and Professional Lawn Care" (NCCES publication number WQMM-155), "Water Quality and Home Lawn Care" (NCCES publication number WQMM-151), or other equivalent or more stringent guidance distributed by land-grant universities for turfgrass management. (C) Nutrient management plans for nursery crops and greenhouse production shall follow the Southern Nurserymen's Association guidelines promulgated in "Best Management Practices Guide For Producing Container -Grown Plants" or guidelines distributed by land-grant universities. The materials related to nutrient management plans for turfgrass, nursery crops and greenhouse production are hereby incorporated by reference including any subsequent amendments and editions and are available for inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina. (2) The person who writes the nutrient management plan shall have the plan approved in writing by a technical specialist. Appropriate technical specialists shall be as follows. (A) Nutrient management plans for cropland using either inorganic fertilizer or organic nutrients shall be approved by a technical specialist designated pursuant to the process and criteria specified in Rules adopted by the Soil and Water Conservation Commission for nutrient management planning, including 15A NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule. (B) Nutrient management plans for turfgrass and nursery crops and greenhouse production shall be approved by a technical specialist designated by the Soil and Water Conservation Commission pursuant to the process and criteria specified in 15A NCAC 06F .0105, excepting Sub -item (a)(2) of that Rule. If the Soil and Water Conservation Commission does not designate such specialists, then the Environmental Management Commission shall do so using the same process and criteria. (3) Nutrient management plans and supporting documents must be kept on -site or be produced within 24 hours of a request by the Town. 3.9 On -site Wastewater Treatment Systems For new development and redevelopment that includes the use of on -site wastewater treatment systems, a copy of the approved system permit issued by the Town of Green Level 22 Phase 11 Stormwater Ordinance Alamance County Environmental Health Department shall be provided to the Stormwater Administrator. Town of Green Level 23 Phase It Stormwater Ordinance SECTION 4 - Maintenance 4.1 General Standards for Maintenance 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 BMP 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 Extension Service for stormwater treatment practice inspection and maintenance. The 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 BMPs; (4) The date the inspection was made; (5) A statement that all inspected structural BMPs 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 certification. (7) Each annual report shall include a color photograph of each BMP. Town of Green Level 24 Phase 11 Stormwater Ordinance 4.2 Operation and Maintenance Agreement a.) In General Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of 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 structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, 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 structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of Green Level 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 structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town of Green Level to assume responsibility for the structural BMP. The operation and maintenance agreement must be approved by the Stormwater 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. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation. b.) Special Requirement for Homeowners' and Other Associations For all structural BMPs 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 BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town of Green Level, in its sole discretion, may remedy the situation, and in such instances the Town of Green Town or Green Level 25 Phase tt Stormwater Ordinance Level shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Green Level 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 structural BMPs. Two-thirds (213) 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 structural 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 may be varied by the Town of Green Level depending on the design and materials of the stormwater control and management facility. (5) Granting to the Town of Green Level a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. (6) Allowing the Town of Green Level to recover from the association and its members any and all costs the Town of Green Level expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Green Level all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. In case of a deficiency, the Town of Green Level 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, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery. (7) A statement that this agreement shall not obligate the Town of Green Level to maintain or repair any structural BMPs, and the Town of Green Level shall not be liable to any person for the condition or operation of structural BMPs. (8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Green Level to enforce any of its ordinances as authorized by law. Town of Green Level 26 Phase 11 Stormwater ordinance (9) A provision indemnifying and holding harmless the Town of Green Level for any costs and injuries arising from or related to the structural BMP, unless the Town of Green Level has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to cant' out that maintenance. 4.3 Inspection Program Inspections and inspection programs by the Town of Green Level may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; 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 BMPs; and evaluating the condition of BMPs. 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. 4.4 Performance Security for Installation and Maintenance a.) Shall Be Required The Town of Green Level shall, 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 structural BMPs are (1) installed by the permit holder as required by the approved stormwater management plan, and/or (2) maintained by the owner as 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 BMPs approved under the permit, plus 25%. (2) Maintenance Town of Green Level 27 Phase ll Stormwater Ordinance 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 cost of inspection, operation and maintenance of the BMPs approved under the.permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long term inflation. 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 owner in 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 construct, 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 Town of Green Level shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. (3) Costs in Excess of Performance Security If Town of Green Level takes action upon such failure by the applicant or owner, the Town may collect from the applicant or owner 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 (plus 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 Town of Green Level 28 Phase 1l Stormwater Ordinance and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. 4.5 Notice to owners a.) Deed Recordation and Indications On Plat The applicable operations and maintenance agreement pertaining to every structural BMP 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 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 Where appropriate in the determination of the Stormwater Administrator to assure compliance with this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained sous to remain visible and legible. 4.6 Records of Installation and Maintenance Activities The owner of each structural BMP 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. 4.7 Nuisance The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition. 4.8 Maintenance Easement Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement. This access maintenance easement shall have a minimum width of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be cleared, and be traversable by construction equipment. The easement shall be recorded and its terms shall specify who may make use of the easement and for what purposes. Town of Green Level 29 Phase 1l Stormwater Ordinance SECTION 5 - Enforcement and Violations 5.1 General 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 Town of Green Level. Whenever this section refers to the Stormwater Administrator, it includes his or her designee as well as any authorized agent of Town of Green Level. b.) Violation Unlawful Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed 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. c.) Each Day a Separate Offense Each day that a violation continues shall constitute a separate and distinct violation or offense. d.) Responsible Persons/Entities Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, 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. For the purposes of this Ordinance, responsible person(s) shall include but not be limited to: (1) Person Maintaining Condition Resulting In or Constituting Violation Town of Green Level 30 Phase 11 Stormwater Ordinance An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a 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 owner of 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 property. 5.2 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) Disapproval 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 Planning Board of the Town of Green Level may disapprove, any request for permit or development approval or authorization provided for by this ordinance or the Planning Board of the Town of Green Level for the land on which the violation occurs. (3) Injunction, Abatements, etc. The Town Attorney, with the authorization of the Town Council, 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 Town of Green Level 31 Phase 11 Stormwater Ordinance to the full range.bf equitable remedies provided in the General Statutes or at common law. (4) Correction as ublic 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. § 150A-193, the Stormwater Administrator, with the authorization of the Town Council, may cause the violation to be corrected and the costs to be assessed'as a lien against the property. y (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 remain 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. 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 The Town is subject for violations of its Phase II Stormwater permit, or if no Phase II Stormwater permit exists for the jurisdiction, civil penalties may be assessed up to the full amount allowed by law. c.) Criminal Penalties Violation of this ordinance may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law_ 5.3 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. Town of Green Level 32 Phase 11 Stormwater Ordinance 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. 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 owner 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 Town Police Department, Town Planning Department, 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. 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 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 Town of Green Level 33 Phase 11 Stormwater Ordinance violation, up to, but not exceeding 30 days. The Stormwater Administrator may grant 15 -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 Administrator may grant an extension only by written notice of extension. The 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. 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 Ordinance. Town of Green Level 34 Phase // Stormwater Ordinance SECTION 6 - Definitions 6.1 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. Applicator Person who applies fertilizer to the land or the immediate supervisor of such person. 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. Consultant Person who is hired to provide professional advice to another person. Department The North Carolina Department of Environment and Natural Resources. Stormwater BMP Design Manual The Stormwater Best Management Practice Design Manual approved for use in Phase II jurisdictions by the Department for the proper implementation of the requirements of the federal Phase li stormwater program. All references herein to the Stormwater BMP Design Manual are to the latest published edition or revision. Development Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment. Town of Green Level 35 Phase I! Stormwater Ordinance Division The Division of Water Quality in the North Carolina Department of Environment and Natural Resources. High -density project Any project that exceeds the low density threshold for dwelling units per acre or built -upon area. 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. Low -density project A project that has no more than two dwelling units per acre or twenty-four percent built -upon area (BUA) for all residential and non-residential development. A project with an overall density at or below the relevant low -density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post -construction model practices for low -density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. 1-year, 24-hour storm A stormwater event which occurs on average once every year or statistically has a 100% chance on average of occurring in a given year. The 1-year, 24 hour storm produces approximately 3.0 inches of rain in the Green Level area. 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 Runoff The water from rain, snowmelt or irrigation that flows over the land surface and is not absorbed into the ground, instead flowing into streams or other surface waters or land depressions. Town of Green Level 36 Phase 11 Stormwater Ordinance Stormwater BMP Design Manual The Stormwater Best Management Practice Design Manual approved for use in Phase 11 jurisdictions by the Division for the proper implementation of the requirements of the federal Phase 11 stormwater program. All references herein to the Stormwater ,BMP Design Manual are to the latest published edition or revision. 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 the 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_ Structural BMP A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff veloTown, amount, timing, or other characteristics; to approximate the pre -development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is synonymous with "structural practice", "stormwater control facility," "stormwater control practice," "stormwater treatment 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 construction 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. Town of Green Level 37 Phase 1t Stormwater Ordinance Adopted on , 2007. � l f _ G Sandra McCollum, Town Clerk