NCS000507_Draft SWMP_20220712

TOWN OF WINTERVILLE
Neuse Model Stormwater Ordinance for New Development
Original Draft: June 2022
Town of
ERVILLE
2571 Railroad Street
Winterville, NC 28590
Phone: [phone]
Updated By DWQ*
For Use in Developing Neuse and Tar -Pamlico Stormwater Local Programs
*(Based on the Jordan Lake model ordinance developed by Richard Whisnant, UNC
School of Government, and .subsequently adapted for the Falls Lake Watershed)
2-10-2021

Table of Contents
TOWN OF WINTER VILLE.............................................................................................. I
Neuse
Model Stormwater Ordinance for New Development ........................................... I
SECTION]: GENERAL PROVISIONS.......................................................................... 7
101
Title..............:......:.....:..............................................................................................7
- 102
Authority...'...... ................... 0.000000.00 ............. * ........................................................... 7
103
Findings..................................................................................................................7
104
Purpose ............................... ...... ............. .......... ...............:.....:.............. ..... .............. 7 -
105
Applicability and Jurisdiction................................................................................ 9
(A)
General.... ........... o ... o .... too ......... 0.0-000000 ...... 0 ... 00.00.000.0- ...... 0 ........ 0...............0....... 9
(B)
Exemptions...... ... o ...... oo..o..*,....00000.0000000.*.000*ooe000000000 ... 0.00"0000.o ......................... too. 9
(C)
No Development or Expansion Until Compliance and Permit ...................10
(D)
Map......................................................................................0.0... 0......................
10
106
Interpretation . .... ............ ................ .................. ..... ........ ........•....0.... .....................
10
(A)
Meaning and Intent...............:............................................:............................10
(B)
Text Controls in Event of Conflict...................................:............................11
(C)
Authority for Interpretation...........................................0.0................. 0....0.....
11
(D)
References to Statutes, Regulations, and Documents..................................11
(E)
Computation of Time......................................................................................11
(F)
Delegation of Authority......... ... o...00000.00 ................ 0000.00.0000000.o..000 .... o.o..o.0000000..
11
(G)
Usage...............................................................................................................0
11
(H)
Measurement and Computation........... ......... to ..... o ..... oo..00000 ... o ... o.00.o.o ..... o ....
12
107
Design Manual.....................................................................................................12
(A)
Reference to Design Manual....................................................................0....012
(B)
Relationship of Design Manual to Other Laws and Regulations ...............
12
(C)
. Changes to Standards and Specifications... .... o— ... o....o.o.000.00..0000.00.o.o.00.o .... too
12 .
108
Relationship to Other Laws, Regulations and Private Agreements ...................
13
(A)
Conflict of Laws..............................................................................................
13
(B)
Private Agreements.........................................................................................13
109
Severability...........................................................................................................13
110
Effective Date and Transitional Provisions........................................................
13
(A)
Effective Date..................................................................................................13
(B)
Final Approvals, Complete Applications.. .... o.000..00.00000..o.o ........................ o...
13
2

(C)
Violations Continue........................................................................................14
SECTION 2: ADMINISTRA TION AND PROCEDURES ............................................
15
201
Review and Decision -Making Entities................................................................
15
(A)
Stormwater Administrator............................................................................15
202
Review Procedures ...... :...:................ .....................:..:..:.......:.......................:........:
15
(A)
Permit Required; Must Apply for Permit...................................:................15
(B)
Effect of Permit...............................................................................................16
(C)
Authority to File Applications ............................................... :................. ........16
(D)
Establishment of Application Requirements, Schedule, and Fees .............16
(E)
Submittal of Complete Application...............................................................17
(F)
Review ............................................... .............................. ......:...........................
17
203
Applications for Approval....................................................................................18
(A)
Concept Plan and Consultation Meeting......................................................18
(B)
Stormwater Management Permit Application.............................................19
(C)
As -Built Plans and Final Approval ........................................ :......................
19
(D)
Other Permits ............................... :............. :.............................:.............:........19
204
Approvals..............................................................................................................20
(A)
Effect of Approval...........................................................................................
20
(B)
Time Limit/Expiration....................................................................................
20
205
Appeals.................................................................................................................
20
(A)
Right of Appeal...............................................................................................
20
(B)
Filing of Appeal and Procedures...................................................................
20
SECTION 3: STANDARDS .................................. ............. .............. ... ...... 0........... ..........
22
301
General Standards................................................................................................
22
302
Nitrogen and/or Phosphorus Loading Rate Targets ..........................................
22
303
Nitrogen and/OR Phosphorus Standard is Supplemental ..................................
22
304
Control and Treatment of Runoff Volume..........................................................
22
305
Methods to Meet Nutrient Control Requirements ..............................................
23
306
Use of Permanent Nutrient Offset Credits..........................................................
23
307
Evaluation of Standards for Stormwater Control Measures ..............................
24
(A)
Evaluation According to Contents of Design Manual .................................
24
(B)
Determination of Adequacy; Presumptions and Alternatives ....................
24
308
Dedication of BMPS, Facilities & Improvements ..............................................
24
3

309
Variances..............................................................................................................24
SECTION 4: MAINTENANCE......................................................................................
26
401
General Standards for Maintenance...................................................................
26
(A)
Function of Engineered Stormwater Controls As Intended .......................
26
(B)
Annual, Maintenance Inspection and Report ....................:.....:.:...:......:.......
26
402
Operation and Maintenance of Engineered Stormwater Controls ....................
26
(A)
Operation and Maintenance Plan..................................................................
26
(B)
Operation and Maintenance Agreement....:.....:............................................
27
(C)
Special Requirement for Homeowners' and -Other Associations ..... .....»...
27
403
Inspection Program. ...... o ..... oo.00 ..... oo ........ oo ..... o .......... o ............ o..o..00 .......... oo..o..o ....
29
404
Performance Securityfor Installation and Maintenance ..................................
29
(A)
May Be Req w red............................................................................................
29
(B)
Amount.... ...................... o ....... oo...-o .... 000.o.o ..... o ....... o .................... o.o.00.000—o.o.o..o..
30
(C)
Uses of Performance Security..... .... o..00..00000000 ..... oo—o— ... o ... o ...... oo.00 ......... 0.0-
30
405
Notice to Owners ............................. ........ ............ ......... :................ ........................
31
(A)-
Deed Recordation and, Indications On Plat.. ... .... oo ......... o .... o.o..00.*.*
31
(B)
Signage.............................................................................................................
31
406
Records of Installation and Maintenance Activities ...........................................
31
407
Nuisance...............................................................................................................31
408
Maintenance Easement........................................................................................
31
SECTION 5: ENFORCEMENT AND VIOLATIONS ...................................................
33
501 General.................................................................................................................33
(A) Authority to Enforce..........................................................................0.0.......... 33
(B) Violation Unlawful.......................................................................................... 33
(C) Each Day a Separate Offense......................................................................... 33
(D) Responsible Persons/Entities.......................................................................... 33
502 Remedies and Penalties....................................................................................... 34
(A) Remedies.......................................................................................................... 34
(B) Civil Penalties.................................................................................................. 35
(C) Criminal Penalties........................................................................................... 35
503 Procedures............................................................................................................35
(A) Initiation/Complaint....................................................................................... 35
(B) Inspection.........................................................................................................35
4

(C) Notice of Violation and Order to Correct ..................................................... 35
(D) Extension of Time........................................................................................... 36
(E) Enforcement After Time to Correct.............................................................. 36
(F) Emergency Enforcement................................................................................36
SECTION 6. DEFINITIONS......................:................................................................... 37
601 Terms Defined...................................................................................................... 37
Built -upon area (BUA)...............................................................................................37
Department........................ :........................................... :............................................ : 37
DesignManual ................... _........................................................................................ 37
Developer..................................................................................................................... 37
Development................................................................................................................ 3.7
Development approval................................................................................................ 37
Division......................................................................................................................... 37
Engineered stormwater control................................................................................. 37
Landdisturbing activity.............................................................................................38
Larger common plan of development or sale........................................................... 38
Load.............................................................................................................................. 38
Loadingrate................................................................................................................38
Majorvariance............................................................................................................38
Minimum Design Criteria.......................................................................................... 38
Minorvariance............................................................................................................ 38
Nitrogen....................................................................................................................... 38
Nutrient, Nutrients...................................................................................................... 39
1-year, 24-hour storm................................................................................................. 39
Outfall.......................................................................................................................... 39
Owner........................................................................................................................... 39
Parcel............................................................................................................................ 39
Permanent nutrient offset credits.............................................................................. 39
Person........................................................................................................................... 39
Phosphorus.................................................................................................................. 39
PrimarySCM..............................................................................................................39
Project.......................................................................................................................... 39
Redevelopment............................................................................................................ 39
5

Runofftreatment......................................................................................................... 39
Runoffvolume match................................................................................................. 40
SitePlan....................................................................................................................... 40
Stormwater.................................................................................................................. 40
Stormwatersystem ............................... .......... ............................................. ►.................. 40
Subdivision................................................................................................................... 40
Substantialprogress.................................................................................................... 40
Totalnitrogen....:.....:......................................:.....:.....................................:.....:.......... 40
Totalphosphorus........................................................................................................ 40

SECTION 1: GENERAL PROVISIONS
IM TITLE
This ordinance shall be officially known as "The Town of Wmterville Neuse Stormwater
Ordinance for New Development." It is referred to herein as "this ordinance."
102 AUTHORITY
The Town of Winterville Council 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 Chapter 143-214.7 and rules promulgated by the
Environmental Management Commission thereunder; Chapter 143-215.6A; Chapter 153A=
454; Chapter 160A, Chapter 160D, §§ 174, 185, 459; as well as Chapter 113A, Article 4
(Sedimentation Pollution Control)][; Article 21, Part 6 (Floodway Regulation) ];[;Chapter
143-214.5, Water Supply Watershed Protection][; Chapter 160A, Article 19 (Planning and
Regulation of Development); Chapter 153A, Article 181.
JW FINDINGS
It is hereby determined that:
Development alters 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 stormsvater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Commission has identified the Neuse Estuary, as nutrient sensitive waters; has
identified all or a portion of the estuary as impaired waters under the federal Clean Water
Act due to exceedances of the chlorophyll a standard; and has promulgated rules (the
"Neuse Rules" to reduce the average annual loads of nitrogen and/or phosphorus delivered to
the estuary from all point and nonpoint sources of these nutrients located within its
watershed, including stormwater from new development in this jurisdiction;
Therefore, the Town of Winterville 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 for development.
VA PURPOSE
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 nitrogen and/or pbo pborus in stormwater runoff and nonpoint and
point source pollution associated with new development in the watershed of the Neuse estuary.
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.
This ordinance seeks to meet its general purpose through the following specific objectives
and means:
(1). Establishing decision -making processes for development that protects the
integrity of watersheds and preserve the health of water resources;
(2) Requiring that new development not exceed export targets for nitrogen and/or
phosphorus in stormwater runoff for the watershed through site layout, engineered
stormwater controls; or permanent nutrient offset credits;.
(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 engineered stormwater controls that may be used to meet the minimum post -
development stormwater management standards;
(3) 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 engineered stormwater controls 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 inspection of approved
projects, and to assure appropriate long-term maintenance;
(8) Controlling illicit discharges into the municipal separate stormwater U. tem and
waters of the State.
(9) Providing education and outreach to the public regarding methods to
prevent and minimize pollutant contributions to the municipal separate
stormmater4vttem and waters of the State.
[(10) Requiring that new development maintain the pre -development hydrologic
response in their post -development state 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;]
[(11) Assigning responsibility and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.]

[(12) Coordinating site design plans that include open space and natural areas
with the (name of the open space and natural areas protection lan of the local
government_ or the section of its comprehensive plan dealing with open
space/natural areas_ if aDb i "a le}.]l
[(13) Controlling erosion and sedimentation from construction activities.]
M5 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and expansion of development throughout the corporate
limits and extraterritorial jurisdiction of Town of Winterville within the Neuse
watershed, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt pursuant to this ordinance.
(B) Exemptions
(1) Single family and duplex residential and related recreational development and
expansion of development that disturbs less than one acre is exempt from the
provisions of this ordinance.
(2) Commercial, industrial, institutional, multifamily residential or local government
development that disturbs less than one, half acre and does not expand existing
structures on a parel is exempt from the provisions of this ordinance.
(3) Commercial, industrial, institutional, multifamily residential or local government
development that disturbs less than one half acre and expands existing structures on a
parcel, but does not result in a cumulative built -upon area for the parcel exceeding
twenty-four (24) percent is exempt from the provisions of this ordinance.
(4) Development that disturbs less than the above thresholds are not exempt if such
activities are part of a larger common plan of development or sale and the larger common
plan exceeds the relevant threshold, even though multiple, separate or distinct
activities take place at different times on different schedules.'-
(5) Development of an individual single-family or duplex residential lot that is not part
of a larger common plan of development or sale and does not result in greater than
five (5) percent built -upon area on the lot is exempt from the provisions of this
ordinance.
[(6) A pmject subject to the requirements of the Falls Nutrient Strategy New
Development Stormwater Rule, 15A NCAC 02B .0277 is exempt from the
provisions of this ordinance.]
Adapted from Metropolitan North Georgia Water Planning District Model Ordinance.
Adapted from the North Georgia Model Ordinance.

(7) Exrsting development or redevelopment is exempt from the provisions of this
ordinance.
(8) Activities subject to requirements of the Neuse agriculture Rule, 15A NCAC
02B .0712 is exempt from the provisions of this ordinance.
(9) Development or expansion of development with a vested right per the standards of
N.C.G.S. 160D-108 is exempt from the provisions of this ordinance.
(10) Development or expansion of development for which the permit application was
submitted prior to adoption of this ordinance is optionally exempt from the
provisions of this ordinance per the requirements of N.C.G.S. 143-755.
(C) No Development or Expansion Until Compliance and Permit
No development or expansion of development shall occur except in compliance with the
provisions of this ordinance or unless exempted. No development or expansion of
development for which a permit is required pursuant to this ordinance shall occur
except in compliance with the provisions, conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within the.areas designated on the map
tided "Neuse Watershed Stormwater Map of Town of Winterville, North Carolina"
("the Stormwater Map"), which is adopted simultaneously herewith. The
Stormwater Map and all explanatory matter contained thereon accompanies and is
hereby made a part of this ordinance.3
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 engineered stormwater controls permitted
under this ordinance. In the event of a dispute, the applicability of this ordinance to
a particular area of land or engineered stormwater control shall be determined by
reference to the North Carolina Statutes, the North Carolina Administrative Code,
and local zoning and jurisdictional boundary ordinances.
IM 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 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in Town of Winterville code of ordinances, the meaning and application
3 Adapted from North Carolina Model Watershed Protection Ordinance.
10

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 keep on file a record_ of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
kyG'henever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Desi,gn Manual , or document, it shall be construed as a reference to
the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the Town of Winterville, 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 Winterville. 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 Wi nterville 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,
Provisions A through I I were adapted from Town of Cary Land Development Ordinance.
11

conditions, provisions and 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.
JZ DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual as the basis for
decisions about stormwater permits and about the design, implementation and
performance of engineered stormivaterctintrols and other practices for compliance with
this ordinance.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Neuse Rules.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Deign Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the applicant shall have
the choice of using the new Design Manual in reviewing the application and in
implementing this ordinance with regard to the application, or using the old Design
Manual.
5 From Stormwater Center/EPA Model Ordinance.
12

10 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.6
(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
govem. 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 Town of Winterville be obligated to
enforce the provisions of any easements, covenants, or agreements between private
parties.?
109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision, or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or
clause of this ordinance.
�2( EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on , 202_
(B) Final Approvals, Complete Applications
All development and expansion of demlapmenl,pmjects for which complete and full
applications were submitted to the Town of Wmterville prior to the effective date of
this ordinance may be exempted from complying with all provisions of this
ordinance dealing with the control and/or management of stormwater by the choice
of the developer.
6 From Metro North Georgia Water Management District Model Ordinance.
Adapted from Town of Cary Land Development Ordinance.
13

A phased development plan shall be deemed complete prior to the effective date of
this ordinance and it shows:
(1) For the initial or first phase of development or expansion of development, the type
and intensity of use for a specific parcel or part-els, including at a minimum, the
boundaries of the pmjea and a subdivision plan that has been approved.
(2) For any subsequent phase of development or expansion 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.9
s SL 2006-246.
Adapted from Town of Cary Land Development Ordinance.
14

SECTION 2: ADMINISTRATION AND PROCEDURES
,201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the Town of Winterville
Council to administer and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the Town of Winterville code(s) and other laws, the Stormwater
Administrator shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals,. to review and make
recommendations to the Town of Winterville Council on applications
for development or expansion of development approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the Town of
Winterville Council, upon request.
g. To designate appropriate other person(s) who shall carry out the powers
and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and expansion of development
unless exempt pursuant to this ordinance. A permit may only be issued subsequent
to a properly submitted and reviewed permit application, pursuant to this section.
15

(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including engineered
stormwater controls and elements of site design for stormwater. management other than
engineered stormwater controls.
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 site consistent with the requirements of this
ordinance, whether the approach consists of engineered stormwater c-Ontmis 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, a lessee or person holding an option or contract
to purchase or lease land, or an authorized agent of the landowner. An easement
holder may also apply for development approval for such development as is
authorized by the easement.
(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 engineered stormwater controls, 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.
(3) Permit Review Fees
The Town of \Vinterville 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.
16

(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator fords that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
Vitlun aworking 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 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 30 working dais 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
17

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.
203 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, preliminary plan of subdivision or other early step in the development process.
The purpose of this meeting is to discuss the 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. Local watershed plans, the Town of
W'interville Comprehensive Plan, and other relevant resource protection plans
should be consulted in the discussion 'of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available); stream
and other buffers and features used in designing buffers and meeting any
applicable buffer requirements; boundaries of existing predominant vegetation;
proposed limits of clearing and grading; and location of existing and proposed
roads, buildings, parking areas and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for development and stormwater management.
E&

(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
engineered 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
any proposed stream channel modifications, such as -bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development
stormwater runoff will be controlled and managed and how the proposed project will
meet the requirements of this ordinance, including Section 3, Standards. All such
plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal -requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist -
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section 202(D).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted,
the applicant shall certify- that the completed project is in accordance with the
approved stonmwater management plans and designs, and shall submit actual "as
built" plans for all stormwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the Town of
V interville Planning Department 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 Planning Director
19

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.
204 APPROVALS
(A) Effect of Approval
Approval authorizes- the applicant to go forward with only the specific plans and
activities authorized in the permit. No deviations from the terms of the application
or the approval shall be made until written approval of proposed changes or
deviations has been obtained through permit revision and review. 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 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.
2M APPEALS
(A) Right of Appeal
Except as provided in N.C.G.S. 16013-1403.1, any aggrieved person affected by any
decision, order, requirement, or determination relating to the interpretation or
application of this ordinance made by the Stormwater Administrator, may file an
appeal to the Town Council within 30 days from receipt of the notice of a
determination. Appeals of variance requests shall be made as provided in the section
on Variances. In the case of requests for review of proposed civil penalties for
violations of this ordinance, the Town Council shall make a final decision on the
request for review within 90 days of receipt of the date the request for review is
filed.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by Town of Winterville.
The Stormwater administrator shall transmit to the Town Council all documents
constituting the record on which the decision appealed from was taken. The
Stormwater Administrator shall also provide a copy of the record to the appellant
and to the owner of the property that is the subject of the appeal if the appellant is
not the owner.
20

The hearing conducted by the Town Council shall be conducted in the nature of a
quasi-judicial proceeding as provided in N.C.G.S. 160D-406 with all findings of fact
supported by competent, material evidence.
21

SECTION 3: STANDARDS
JU GENERAL STANDARDS
All projects to which this ordinance applies shall comply with the standards of this section.
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 expansion of development maintains the site consistent with
the approved project plans.
32 NITROGEN AND/OR PHOSPHORUS LOADING RATE TARGETS
(A) The project shall meet either a nitrogen stormwater loading rate target of 3.6 pounds per acre
per year (lb/ac/yr) and a phosphorus stormwater loading rate tar
get of 0.8 lb/ac/yr, or meet
"runoff volume match" as defined in 15A NCAC 02H .1002.
(B) The project area used for nutrient calculation and stormwater requirements includes the
site area less any existing built -upon area. The project density used for determining
stormwater requirements is the amount of built -upon area subject to this ordinance at
project completion divided by the project area.
(C) The developer shall determine the nitrogen and/or phosphorus load and loading rate
generated from the project area without engineered stormwater controls and determine the
needed nitrogen and/or phospborus load reduction to meet nutrient targets by using the
approved accounting tool.
JU NITROGEN AND/OR PHOSPHORUS STANDARD IS
SUPPLEMENTAL
The nitrogen and/or phosphorus loading standards in this ordinance are supplemental to, not
replacements for, stormwater standards otherwise required by federal, state or local law,
including without limitation any riparian buffer requirements applicable to the location of
the development. This includes, without limitation, the riparian buffer protection requirements
of 15A NCAC 02B .0731 and .0295.
34 CONTROL AND TREATMENT OF RUNOFF VOLUME
(A) All projects shall meet the stormwater system design requirements set forth in 15A
NCAC 02H .1003. Projects shall use a project density threshold of greater than twenty-
four (>24%) percent built -upon area, whereupon high -density stormwater design is
required. All engineered stormwater controls will meet the standards set in the Design Manual
and the State's Minimum Design Criteria, 15.E NCAC 0211.1050 through .1062.
(B) Where high -density stormwater design is required, stormwater systems shall meet the
standards set forth in 15A NCAC 02H .1003(3) and be designed to control and treat the
volume of runoff generated from all built -upon area by one inch of rainfall or equivalent
runoff volume in one or more Primary SCMs. These projects may utilize offsite Primary
SCMs dedicated to treating an area encompassing the project.
22

(C) Where high -density stormwater design is not required, stormwater systems shall meet
the low -density stormwater design standards set forth in 15A NCAC 02H .1003(2).
JU METHODS TO MEET NUTRIENT CONTROL REQUIREMENTS
Projects subject to this ordinance shall meet nitrogen and/or phosphorus loading targets through
a combination of the following methods:
(A) Projects may reduce export of nitrogen and/or phosphorus through any combination of
engineered stormwater controls treating runoff on the site, in an approved offsite regional
engineered stormwater control, or through the acquisition ojpermanent nutrient offset credits. The
developer shall calculate the nitrogen and/or phosphorus reduction provided by these controls
.using the approved accounting tool.
(B) Proposed development undertaken by a local government solely as a public road
expansion or public sidewalk project, or proposed development subject to the
jurisdiction of the Surface Transportation Board, may meet nitrogen and/or phosphorus
reduction needs for the pmjea entirely through the use of permanent nutrient offset credits
pursuant to the Nutrient Offset Credit Trading Rule, 15A NCAC 02B .0703.
3¢ USE OF PERMANENT NUTRIENT OFFSET CREDITS
(A) Sufficient permanent nutrient offset credits to meet project nutrient reduction needs not
provided by
I engineered stormwater controls serving the project shall be acquired prior to
approval of the development plan. The Stormwater Administrator shall issue an
approval letter for the development that documents the needed nitrogen and/or
phosphorus credits and where the development is located relative to the Neuse Rules'
geographic requirements. All permanent nutrient offset credits permitted by this ordinance
shall meet the requirements of 15A NCAC 02B .0703.
(B) Permanent nutrient offset credits shall be acquired pursuant to N.C.G.S. 143-214.26 and 15A
NCAC 02B .0703 prior to the start of construction of the project. Persons
(C) A developer subject to this ordinance may acquire permanent nutrient offset credits through one
of the following methods:
(1) 'Through a private nutrient bank;
(2) Through offsite offset provided by the developer and approved by Town of
Winterville;
(3) Through payment into the Riparian Buffer Restoration Fund established in
N.C.G.S. 143-214.21.
(D) Excess permanent nutrient offset credits acquired beyond what is required for the development
may not be applied to any other development.
23

EVALUATION OF STANDARDS FOR STORMWATER CONTROL
MEASURES
(A) Evaluation According to Contents of Design Manual
All engineered stormwater wntrdls and stormwater systems 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 Design Manual. The
Stormwater Administrator shall determine whether proposed engineered stormwater
controls will be adequate to meet the requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Engineered stormwater controls that are designed, constructed, and maintained in
accordance with the criteria and specifications in the 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
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.
308 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The Town of Winterville may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.10
30 VARIANCES
(A) Any person may petition the Town of Winterville for a variance granting permission to
use the ,�erson's land in a manner otherwise prohibited by this ordinance. For all
proposed major and minor variances from the requirements of this ordinance, the local
Watershed Review Board, or quasi-judicial body shall make findings of fact in
accordance with the procedures of N.C.G.S 160D-406 showing that:
(1) there are practical difficulties or unnecessary hardships that prevent compliance
with the strict letter of the ordinance;
10 From Virginia Stormwater Management Model Ordinance.
24

(2) the variance is in harmony with the general purpose and intent of the local
watershed protection ordinance and preserves its spirit; and
(3) in granting the variance, the project will ensure equal or better protection of
waters of the State than the requirements of 15A NCAC 02B .0711 (Meuse
Stormwater Rule), and that the public safety and welfare have been assured and
substantial justice has been done.
(B) In the case of a request for a minor variance, the Town of Winterville may vary, or modifir
any of the regulations or provisions of the ordinance so that the spirit of the ordinance
shall be observed, public safety and welfare secured, and substantial justice done may
impose reasonable and appropriate conditions and safeguards upon any variance it
grants.
(C) The Town of Winterville may attach conditions to the major or minor variance approval
that support the purpose of the local watershed protection ordinance. If the variance
request qualifies as a major variance, and the Town of Winterville decides in favor of
granting the major variance, the Board shall then prepare a preliminary record of the
hearing and submit it to the Commission for review and approval. If the Commission
approves* the major variance or approves with conditions or stipulations added, then the
Commission shall prepare a Commission decision which authorizes Town of Winterville to
issue a final decision which would include any conditions or stipulations added by the
Commission. If the Commission denies the major variance, then the Commission shall prepare a
decision to be sent to Town of k interville. Town of VVinterville shall prepare a final
decision denying the major variancr.
(D) Appeals from the local government decision on a major or minor variance request are
made on certiorari to the local Superior Court. Appeals from the Commission decision on
a major variance request are made on judicial review to Superior Court.
25

SECTION 4: MAINTENANCE
4U GENERAL STANDARDS FOR MAINTENANCE
(A) Function of Engineered Stormwater Controls As Intended
The owner of each engineered stormwater control installed pursuant to this ordinance shall
ensure'adequate maintenance 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 engineered stormwater control was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any engineered stormwater control installed
pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from a qualified professional 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 engineered stormwater
wnlm4
(3) A statement that an inspection was made of all engineered stormwater controls;
(4) The date the inspection was made;
(5) A statement that all inspected engineered stormwater controls 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.11
02 OPERATION AND MAINTENANCE OF ENGINEERED
STORMWATER CONTROLS
(A) Operation and Maintenance Plan
There shall be an Operation and Maintenance Plan (O&M Plan) for every engineered
stormwater mntrol. The O&M Plan shall specify all operation and maintenance work
'' Drawn from Wake County stormwater ordinancc (based on Meuse Urban Stormwater program).
26

necessary for the function of all engineered stormwater control components, including the
stormwater conveyance system, perimeter of the device, inlet(s), pretreatment
measures, main treatment area, outlet, vegetation, and discharge point.
The O&M Plan shall require the owner to maintain, repair and, if necessary,
reconstruct the engineered stormwater controls, and shall state the terms, conditions, and
schedule of maintenance for the engineered stormwater controls.. The O&M Plan shall
speci�, methods to be used to maintain or restore the in stormwater controls to
design specifications in the event of failure.
The O&M Plan shall be signed by the owner and notarized. The owner shall keep
maintenance records and these shall be available upon request by the Stormwater
Administrator. 12
(B) Operation and Maintenance Agreement
Prior to the conveyance or transfer of any lot or building site to be served by
engineered stormwater controls pursuant to this ordinance, and prior to issuance of any
permit for development requiring engineered stormwater controls pursuant to this ordinance,
the applicant or owner of the site must enter into an Operation and Maintenance
Agreement (O&M Agreement) with the Stormwater Administrator. The O&M
Agreement shall require the applicant or owner to maintain, repair, or reconstruct the
engineered stormwater controls in accordance with the approved design plans and the
Operation and Maintenance Plan. The O&M Agreement shall be binding on all
subsequent owners of the site, portions of the site, and lots, or parcels served by the
engineered stormwater control. Until the transference of all property, sites, or lots served
by the engineered stormwater control, the original owner or applicant shall have primary
responsibility for carrying out the provisions of the O&M Agreement.
The O&IVf agreement shall grant to Town of Wmterville 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 engineered stormwater
control; however, in no case shall the right of entry, of itself, confer an obligation on
Town of Winterville to assume responsibility for the engineered stormwater controls.
The O&M Agreement must be approved by the Stormwater Administrator prior to
development 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 O&M Agreement shall be given to the Stormwater Administrator within
fourteen (14) days following its recordation. 13
(C) Special Requirement for Homeowners' and Other Associations
For all engineered stormwater controls required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners' association, property owners'
11 Adapted from Metro North Georgia Water Management District and Stormwater Center/CPA Model
Ordinances. Checked against State Stormwater Minimum Design Criteria or operation and maintenance
agreements (1 5A NCAC .1050(1 1).
27

association, or similar entity, the required O&M Agreement shall include all of the
following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the engineered stormwater cbntrvL- according to the specifications laid out in the
Operation and Maintenance Plan.
(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 engineered stormwater controls. If engineered stormwater controls are not
performing adequately or as intended or are not properly maintained, the Town of
Winterville, in its sole discretion, may remedy the situation, and in such instances
the Town of Winterville shall be fullv 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
engineered stormwater controls, provided that the Town of Wiinterville 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 engineered stormwater controls.
Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into
the escrow account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the engineered
stormwater controls. 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 Winterville depending on the design and
materials of the engineered stormwater controls.
(5) Granting to the Town of Winterville a right of entry to inspect, monitor,
maintain, repair, and reconstruct engineered stormwater controls.
(6) Allowing the Town of Winterville to recover from the association and its
members any and all costs the Town of Winterville expends to maintain or repair
the engineered stoimwater controls or to correct any operational deficiencies. Failure to
pay the Town of Winterville 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 Winterville shall thereafter be entitled to bring an action against the association
and its members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both. Interest, collection costs, and attorney fees
shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Town of Winterville
to maintain or repair any engineered stormwater controls, and the Town of Winterville
shall not be liable to any person for the condition or operation of engineered stormwater
controls.
28

(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the Town of W interville to enforce any of its ordinances as
authorized by law.
(9) A provision indemnifying and holding harmless the Town of Winterville for
any costs and injuries arising from or related to the engineered stormwater controls, unless
the Town of Winterville has agreed in writing to assume the maintenance
responsibility ' for the engineered stormwater controls and has accepted dedication of any
and all rights necessary to carry out that maintenance. 14
4U INSPECTION PROGRAM
Inspections and inspection programs by Town of Winterville.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 the engineered stormwater controls; and evaluating the condition
of engineered stormwater contm1s.15
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 N.C.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.
(� PERFORMANCE SECURITY FOR INSTALLATION AND
MAINTENANCE
(A) May Be Required16
The Town of'Rinterville may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the engineered stormwater controls 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.
14 Most of the homeowners' association requirements are adapted from Neuse model program provisions as
adopted in Wake County.
15 Adapted from Stormwater Center/CPA and Metro North Georgia Water Management District Model
Ordinances.
16 from Virginia Model Ordinance lbr Stormwater Management.
29

(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the engineered stormwater contmis approved under the permit,
plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duratign based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the engineered stormwatercnntrols
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 engineered stormwater control 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
Operation and Maintenance Agreement. In the event of a default triggering the
use of installation performance security, the Town of Winterville 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 Winterville takes action upon such failure by the applicant or owner,
the Town of Winterville 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.
17 From Town of Cany Watershed Protection Ordinance.
30

(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 engineered stormwater controls covered by the security. Any such
landscaping shall be inspected one (1) year after installation with replacement
for compliance with the approved plans and specifications and, if in
compliance, the portion of the financial security attributable to landscaping shall
be released.
4U . NOTICE TO OWNERS
(A) Deed Recordation -and Indications On Plat
The applicable Operations and Maintenance Agreement pertaining to every engineered
stormwater control 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, engineered stormwater controls shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual
inspection. The sign shall be maintained so as to remain visible and legible.
406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each engineered stormwater control 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.18
407 NUISANCE
The owner of each engineeredstormwater control, whether engineered stormwater control or non -
engineered stormwater mntml, shall maintain it so as not to create or result in a nuisance
condition.
40 - MAINTENANCE EASEMENT
Every engineered stormwater control and its associated maintenance accesses on privately owned
land, except for those located on single family residential lots, installed pursuant to this
ordinance shall be made accessible for adequate maintenance and repair by a permanent
maintenance easement. The easement shall be recorded and its terms shall specify who may
make use of the easement and for what purposes. The engineered stormwater control will
" Adapted from Metro North Georgia Water Management District Mode! Ordinance.
31

be shown and labeled within the easement. The easement shall be granted in favor of the
Stormwater Administrator.
32

SECTION 5: ENFORCEMENT AND VIOLATIONS
5M 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 Winterville.
Whenever this section refers to the Stormwater Administrator, it includes his or her
designee as well as any authorized agent of Town of Winterville.
(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 approval or authorization granted pursuant to this ordinance, is
unlawful and shall constitute a violation of this ordinance.19
(C) Each Day a Separate Offense
Each day- that a violation continues shall constitute a separate and distinct violation
or offense.20
(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, SCM,
engineered stormwater i.mtrol, 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-''-1
For the purposes of this article, responsible person(s) shall include but not be limited
to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
19 From 'Town of Apex Unified Development Ordinance.
21 Adapted from Town of Cary Land Development Ordinance.
21 Adapted from [-Tall County, Georgia, Unified Development Ordinance.
22 An inclusive approach to "responsible persons" drawn from the "Down of Apex UDO.
33

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 propem, 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 or development of the property.
09 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
Town of Winterville Council and Planning Department may disapprove, any
request for permit or development approval or authorization provided for by this
ordinance or the zoning, subdivision, and/or building regulations, as appropriate
for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Town of
Winterville Manager, may institute an action in a court of competent jurisdiction
for a mandatory or prohibitory injunction and order of abatement to correct a
violation of this ordinance. Any person violating this ordinance shall be subject to
the full range of equitable remedies provided in the General Statutes or at
common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by N.C.G.S. 160A-193, the
Stormwater Administrator, with the written authorization of the Town of
Winterville Manager, may cause the violation to be corrected and the costs to be
assessed as alien against the property.
34

(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. A copy of the order shall be delivered to the holder of
the development permit and to the owner of the property involved (if that person is
not the holder of the development permit) by personal delivery, electronic delivery,
or first-class mail. 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
The Stormwater Administrator may assess a civil penalty against any person who
violates any provision of this ordinance or of a permit or other requirement
pursuant to this ordinance. Civil penalties may be assessed up to the full amount of
penalty authorized by N.C.G.S. 143-215.6A.
(C) Criminal Penalties -
Violation of this ordinance may be enforced as a criminal matter under North
Carolina law.
PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may, file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.2-3
(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 and the holder of the development permit 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
23 From "Town ol'Cary Land Development Ordinance.
35

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 by any means authorized for the service of documents by Role 4 of the North
Carolina Rules of Civil Procedure.24
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stortriwater 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 Perron requesting the extension, the Stormwater ,administrator may extend the
time limit as is reasonably necessary to allow timely correction of the violation, up
to, but not exceeding 3.Q days. The Storm eater Administrator may grant 32-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. The Stormwater Administrator may act to
impose one or more of the remedies and penalties authorized by this ordinance
whether or not the violation has been corrected.26
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
'4 From Town of Apex Unified Development Ordinance.
zs From Town of Apex Unified Development Ordinance.
=6 From Town of Apex Unified Development Ordinance.
S

SECTION 6: DEFINITIONS
fiU 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.
Approved accounting tool
The most recent version of the accounting tool for calculating nutrient loading and reduction
approved by the Division for the relevant geography and development type under review.
Built -upon area (BUA)
Means the same as defined in N.C.G.S. 143-214.7(b2).
Commission
The North Carolina Environmental Management Commission, in the Department.
Department
The North Carolina Department of Environmental Quality.
Design Manual
The State Stormwater Design Manual approved by the Department for the proper
implementation of the State Minimum Design Criteria for engineered stormwater controls.
All references herein to the Design Manual are to the latest published edition or revision.27
[Change this definition to a local Design Manual if one is in use, provided that the local
Design Manual provides instructions for proper implementation of State Minimum Design
Criteria for engineered stormwater controls.]
Developer
Means the same as defined in N.C.G.S. 160D-102(11).
Development
Means the same as defined in N.C.G.S. 143-214.7(a1)(1).
Development approval
Means the same as defined in N.C.G.S. 160D-102(13).
Division
The Division of Water Resources in the Department.28
Existing development
Means the same as defined in 15A NCAC 02H .1002(18).
Engineered stormwater control
A physical device designed to trap, settle out, filter, or otherwise remove pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other
2
7 Adapted from North Georgia M.O.
37

characteristics; to approximate the pre -development hydrology on a developed site; or to
achieve any combination of these goals. Engineered stormwater c-Ontrol includes physical practices
such as constructed wetlands, vegetative practices, vegetated conveyances, filter strips,
grassed swales, and other methods installed or created on real property. "Engineered
stormwater control" is synonymous with "structural practice," "Primary SCM", "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. It is a broad term that may
include practices that do not require design by a professionally licensed engineer.
Land disturbing activity
Means the same as defined in 15A NC,�C 02B .0202(33).
Larger common plan of development or sale
Means the same as defined in 15A NCAC 02H .1002(8).
Load
Means the mass quantity of a nutrient or pollutant released into surface waters over a given
time period. Load in this ordinance refers to pounds of nitrogen or phospl�orus per year.
Loading rate
Means the mass quantity of a nutrient or pollutant released from a given area into surface
waters over a given time period. Loading rate in this ordinance refers to pounds of nitrogen
or phosphorus per acre per year.
Major variance
A variance that is not a "minor variance" as that term is defined in this Rule. For provisions
in this ordinance that are more stringent than the state's minimum water supply protection
rules and Neuse I Tar -Pamlico rules, a variance to this ordinance is not considered a major
variance as long as the result of the variance is not less stringent than the state's minimum
requirements.'-"
Minimum Design Criteria
Means the same as defined in 15A NCAC 02H .1002(24).
Minor variance
A variance from the minimum Neuse I Tar -Pamlico Stormwater rules that results in the
relaxation of up to 10 percent of any vegetated setback, density, or minimum lot size
requirement applicable to low density development, or the relaxation of up to five percent of
any vegetated setback, density, or minimum lot size requirement applicable to high density
development. For variances to a vegetated setback requirement, the percent variation shall
be calculated using the footprint of built -upon area proposed to encroach within the
vegetated setback divided by the total area of vegetated setback within the project.
Nitrogen
Means total nitrogen unless specified otherwise.
29 from 15A NCAC 02B .0621(14) with modification to apply to specific watershed Rules.
30 From 15A NCAC 02B .0621(16) with modification to apply to specific watershed Rules.
38

Nutrient, Nutrients
Means the combination of total nitrogen and total phosphorus.
1-year, 24-hour storm
Means the same as defined in 15A NCAC 02H .1002(30).
Outfall
A point at which stormwater (1) enters surface water or (2) exits the property of a particular
owder.31
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_
Parcel
Means the same as project in this list of definitions.
Permanent nutrient offset credits
Means the same as defined in 15A NCAC 02B .0701(38).
Person
Means the same as defined in N.C.G.S. 143-212(4).
Phosphorus
Means total phosphorus unless specified otherwise.
Primary SCM
Means the same as defined in 15A NCAC 02H .1002(37).
Project
Means the same as defined in 15A NCAC 02H .1002(38).
Redevelopment
Means the same as defined in N.C.G.S. 143-214.7(a1)(2).
Runoff treatment
31 `•OutfalI- is used at various places in the N.C. General Statutes with reference to sewers, and always as a
discharge point to surface water. • Stormwater outtall" is used in various places in title 15A of the North
Carolina Administrative Code, but without a definition. Here the definition is intended to make clear that
the term includes both the more familiar discharge to a stream, as well as the point at which stormwater
leaves a piece of property under control of a particular owner. 'rhe term "surface water" is defined in 15A
NCAC 02B .0701(46).
39

Means the same as defined in 15A NCAC 02H .1002(43).
Runoff volume match
Means the same as defined in 15A NCAC 02H .1002(44).
Site Alan
A scaled drawing and supporting text showing the relationship between lot lines and the
existing or proposed uses, buildings, or structures on the lot. The site plan may include site -
specific details such as building areas, building height and floor area, setbacks from lot lines
and street rights -of -way, intensides, densities, utility lines and locations, parking, access
points, roads, and storm -water control facilities that are depicted to show compliance with all
legally required development regulations that are applicable to the project and the site plan
review. A site plan approval based solely upon application of objective standards is an
administrative decision and a site plan approval based in whole or in part upon the application
of standards involving judgment and discretion is a quasi-judicial decision. A site plan may
also be approved as part of a conditional zoning decision.32
Stormwater
Means the same as defined in N.C.G.S. 143-213(16a).
Stormwater system
All engineered stormwater controls and conveyances owned or controlled by a person that drain to
the same outfall. A system may be made up of one or more engineered stormwater controls.
Subdivision
The division of land for the purpose of sale or development as specified in G.S. 160D-802.33
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 plan
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.
Total nitrogen
Means the sum of the organic, nitrate, nitrite, and ammonia forms of nitro,gen in water.
Total phosphorus
Means the sum of the orthophosphate, polyphosphate, and organic forms of pbospborus in
water.
32 From N.C.G.S. 160D-102(29).
33 From N.C.G.S. 160D- 102(3 1).
3' Adapted from Town of Cary Land Development Ordinance.
40

Draft Local Program to Implement
Neuse Stormwater Rules
In the Town of Winterville
June 2022
Town of
Mk4t RVILL
2571 Railroad Street
Winterville, NC 2859C
Phone:[phone]

Contents
Part1: INTRODUCTION.................................................................................................................................
3
Part2: CERTIFICATION.................................................................................................................................4
Part3: LOCAL GOVERNMENT INFORMATION............................................................................................
5
LocalProgram Area.......................................................................................................................................
5
Interconnection with Other Local Jurisdictions...............................................................................................
5
ReceivingWaters...........................................................................................................................................5
Part4: STORMWATER MANAGEMENT PROGRAM ADMINISTRATION......................................................8
OrganizationalStructure................................................................................................................................
8
ProgramFunding and Budget...........................................................................................2............................8
Measurable Tasks for Program Administration...............................................................................................
9
Part5: POST -CONSTRUCTION SITE RUNOFF AND NUTRIENT LOADING MANAGEMENT PROGRAM.11
Applicable State Post -Construction Programs..............................................................................................11
Existing Post -Construction Ordinances, Procedures, and Guides................................................................11
Summary Description of Stormwater Program..............................................................................................13
Measurable Tasks for Post -Construction Runoff Control BMPs...................................................................13
Part6: ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM................................................22
Non-Stormwater Discharges................'........................................................................................................
22
Measurable Tasks for Illicit Discharge Detection and Elimination BMPs.......................................................
23
PART 7: PUBLIC EDUCATION AND OUTREACH PROGRAM...................................................................
30
Pollutants, Sources, Audiences Worksheet..................................................................................................
30
Measurable Tasks for Public Education and Outreach BMPs.......................................................................
32
2

PART 1: INTRODUCTION
The purpose of this Neuse Local Program is to establish and define the means by which the Town of
Winterville will comply with the requirements of the Neuse nutrient stormwater rule (henceforth, "Rule") (15A
NCAC 02B .0711).
This Local Program identifies the specific elements and minimum measures that the Town of WinterviHe will
develop, implement, enforce, evaluate and report to the North Carolina Department of Environmental Quality
(NCDEQ) Division of Water Resources (DWR) to comply with the requirements of the Rule. This Local
Program covers activities associated with the discharge of nutrients in stormwater from the Town of Winterville.
The Local Program will be evaluated annually, and updated as needed, to ensure that the elements and
minimum measures it contains continue to adequately provide for Rule compliance.
Once the Local Program is approved by NCDEQ and the Environmental Management Commission, all
provisions contained and referenced in it, along with any approved modifications, become enforceable.

PART 2: CERTIFICATION
By my signature below I hereby 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.
I am also aware that the contents of this document shall become an enforceable part of the Local Program, and
that NCDEQ has enforcement authority.
0 1 am a ranking elected official for the Town of WinteMlle.
0 1 am a principal executive officer for the Town of Winterville.
® I am a duly authorized representative for the Town of Winterville and have attached the authorization made
in writing by a principal executive officer or ranking elected official which specifies me as (check one):
0 A specific individual having overall responsibility for stormwater matters.
0 A specific position having overall responsibility for stormwater matters.
Signature:
Print
Name:
Title:
Signed this day of 2022 .
4

PART 3: LOCAL GOVERNMENT INFORMATION
Local Program Area
This Local Program applies throughout the limits of the Town of Winterville, including all regulated activities
associated with the discharge of stormwater from the jurisdiction. The map below shows the area regulated by
the jurisdiction for implementation of the Neuse Nutrient Management Strategy as of the date of this document.
Interconnection with Other Local Jurisdictions
The Town of Winterville has a stormwater system interconnected with another entity regulated under the
Neuse Nutrient Management Strategy and directly receives stormwater from the City of Greenville through
open channel flow from streams and ditches and discharges stormwater to the Town of Ayden through open
channel flow from streams and ditches as well. The Town of Winterville does not have an closed system
interconnections with other jurisdictions.
Receiving Waters
The Town of Winterville is located within the Neuse watershed and discharges directly into receiving waters as
listed in Table 1 below. Applicable water quality standards listed below are compiled from the following
NCDEQ sources:
Waterbody Classification Map
Impaired Waters and TMDL Map
Most recent NCDEQ Final 303(d) List

INSERT COUNTY JURISDICTION MAP HERE

264
17
V
\aI
+ I\
e1 in = 1 mile
0 0.5 1 Ayden
Miles
\I
Greenville
I
0j
Winterville
-
■
Wooten
The Wooten Company makes every eon to produce and putsh GIS maps using me most
Current and accurate information posslble. however ttte maps are sMdly for panning purposes
only 1'11e maps are dompiled tom recorded Seem, plats, and other puMk and pwate adords
and data. Users of the maps are hereby notified that the aforementioned puMk purmary
information sources slwuld de consulted for venLcatimn of the Im000atbn on Mis map The
Wooten Company assumes NO ma,irsihility for the Information roMar. Md Me maps unless
the map is signed and sealed oy a Ileerlsed Professional Lard Sut,ai or. Please conned the
GIS Group at f919t 82M531 or nahad@11im ootencompogv W m for data source mli rmahon.
Tar -Pamlico Legend
— Interstate River/Wetlands Permitting Jurisdiction
Stormwater Ordinance —US Route Q Winterville Local
Town of Winterville NC Route Other Municipality State
— Ramp LCounty Boundary
February 2022 Stream

Table 1: Summary of Receiving Waters
Receiving Water Name
Stream Index
/ AU Number
Water Quality
Classification
303(d) Listed Parameter(s)
of Interest
Neuse River
27-(85)
C;Sw;NSW
Swift Creek
27-97-(0.5)
C;Sw;NSW
Fork Swamp
27-97-4
C;Sw;NSW
Simmon Branch
27-97-3.5
C;Sw;NSW
Horsepen Swamp
27-97-3
C;Sw;NSW
Gum Swamp
27-97-1
C;Sw;NSW

PART 4: STORMWATER MANAGEMENT PROGRAM ADMINISTRATION
Organizational Structure
Staff members listed below are zoning administrators. Each position within the Planning Department is
responsible for enforcement of the local program.
Planning Director
Planner 1 31 Party Consultant
Table 2: Summary of Responsible Parties
Local Program Component
Responsible Position
Department
Stormwater Program Administration
Zoning Administrator
Planning
Post -Construction Stormwater Management
Zoning Administrator
Planning
Illicit Discharge Detection & Elimination
Zoning Administrator
Planning
Public Education & Outreach
Zoning Administrator
Planning
Program Funding and Budget
The Town of Winterville shall maintain adequate funding and staffing to implement and manage the provisions
of the Local Program and comply with the requirements of the Neuse Stormwater Rule.
[Insert a brie[narrative of current sormwater program funding mechanisms and expected total annual
stornuovater program budgelf.

Measurable Tasks for Program Administration
The Town of Winterville will manage and report on the following Best Management Practices (BMPs) for
administration of the Local Program, as described in Table 3. The annual assessment and reporting period
runs from July 1 to June 30 of every year, and is part of the annual reporting required to be submitted to
comply with requirements of the Nutrient Management Strategy. This annual assessment is to be submitted to
the Division of Water Resources by October. 30 of each year.
Table 3: Program Administration BMPs
Program Administration BMPs
Annual Self -Assessment
Measures to evaluate the performance and effectiveness of the Local Program components at least
annually. Results will be used to modify the program components as necessary to accomplish the
intent of the Neuse Stormwater Rule. The self -assessment reporting period is the fiscal year (July 1
— June 30
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Implementation
Metric
3.1.1
Annual Self -Assessment and Report
Perform an annual evaluation
1. Record annual reporting metrics
1. Annually
1. Annual reporting
of Local Program
in the Annual Self -Assessment
metrics received by
implementation, suitability of
Template customized to this Local
NCDEQ - DWR no
Local Program commitments
Program, provide formal certification
later than October
and any proposed changes to
by a local official, and submit to
30 of each year.
the Local Program utilizing the
NCDEQ as part of annual reporting.
NCDEQ Annual Self-
2. Review results of self-
2. Annually
2. Assessment of
Assessment Template.
assessment for suitability and
Local Program
achievability of Local Program
commitments
commitments. Propose Local
suitability, and
Program changes to NCDEQ as
proposed changes
part of annual reporting.
to the Local
Program, are
included in the
Annual Self -
Assessment
submitted no later
than October 30 of
each year.
Local Program Updates
Process to be used to update the Local Program and/or Local Ordinances.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Implementation
Metric
3.2.1
Local Program Updates

Program Administration BMPs
Audit stormwater program
1. Self -audit and document any
1. TBD
1. Submit Self -Audit
implementation for compliance
stormwater program components
to DEMLR (if MS4)
with Neuse Rules and
not audited by EPA or NCDEQ
or DWR (if non -
approved Local Program and
utilizing the DEQ Audit Template.
MS4) (required
utilize the results to prepare
component of
and submit a permit renewal
permit renewal
application package.
application
package).
2. Participate in a Neuse Nutrient
2. TBD .
2. NIA
Management Strategy Audit, as
scheduled and performed by
NCDEQ.
Adequate Funding and Staffing, - P -
Local Program activities to determine and maintain adequate funding and staffing to implement and -manage
the provisions of the Local Program and meet all requirements of the Neuse Stormwater Rule
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
3.3.1
Funding and Staffing Evaluation
Review of Annual Self-
1. Identify uncompleted tasks from
1. Annually.
1. List of
Assessment may identify
Annual Self -Assessment.
uncompleted tasks
uncompleted tasks.
2. Determine whether additional
2. Annually.
2. Report corrective
Determine if more funding or
funding or staff time are needed to
actions needed
staffing is needed to
achieve task, if Local Program
implement the Local Program.
change is needed, or if there were
unusual circumstances.
3. Set up steps to implement
3. Annually.
3. Date changes
program changes.
I
implemented.
10

PART 5: POST -CONSTRUCTION SITE RUNOFF AND NUTRIENT LOADING
MANAGEMENT PROGRAM
This part of the Local Program identifies the elements being used to develop, implement, and enforce a
program to reduce nutrients in stormwater runoff from new development projects and development
expansions. These elements meet the requirements set forth in the Neuse Stormwater Rule (15A NCAC 02B
.0711). These elements are designed to minimize water quality impacts through a combination of structural
Stormwater Control Measures (SCMs) and nutrient offset buy -downs, and to ensure adequate long-term
operation and maintenance of SCMs.
Applicable State Post -Construction Programs
The Town of Winterville implements the State post -construction programs for which reference information is
added in Table 4.
Table 4: List of State Programs for Post -Construction Site Runoff Control
State Stormwater Program Name
State Requirements
Local Ordinance I Regulatory
Mechanism Reference
Water Supply Watershed (WS-IV)
15A NCAC 02B
NC Code of Ordinance, Chapter 22, Article
-
2 & Stormwater Management Program for
.0620 .0624
Nutrient Control
Neuse River Basin Nutrient
15A NCAC 02B .0711
NC Code of Ordinance, Chapter 22, Article
Management in Stormwater Strategy
2 & Stormwater Management Program for
Nutrient Control
Urbanizing Areas: MS4 Delegation
15A NCAC 02H .1018
NC Code of Ordinance, Chapter 22, Article
2 & Stormwater Management Program for
Nutrient Control
Existing Post -Construction Ordinances, Procedures, and Guides
The Town of Winterville has existing ordinances, guidance manuals, standard operating procedures, and
reference material that cover part or all of the implementation of the nutrient stormwater rule's post -
construction requirements. These ordinances and references are summarized in Table 5 below.
Table 5: Summary of Existing Post -Construction Ordinances, Procedures, and References
11

Plan Review and Approval
Municipal Ordinance/Code Reference(s)
Date Adopted
and/or Document Title(s)
NC Code of Ordinance, Chapter 22, Article 2
Authority
& Stormwater Management Program for
2/14/2000 & 5/10/2021
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
Federal, State & Local Projects
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/1-0/2021
Plan Review
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
O&M Agreement
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
O&M Plan
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 6/10/2021
Deed Restrictions/Covenants
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 6/10/2021
Access Easements
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 6/10/2021
Nutrient Calculation
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
Nutrient Offset
& Stormwater Management Program for
Nutrient Control
Inspections and Enforcement
Municipal Ordinance/Code Reference(s)
Date Adopted
and/or Document Title(s)
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 6/10/2021
Documentation
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 6/10/2021
Right of Entry
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
Pre -CO Inspections
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
Compliance with Plans
& Stormwater Management Program for
Nutrient Control
NC Code of Ordinance, Chapter 22, Article 2
2/14/2000 & 5/10/2021
Annual SCM Inspections
& Stormwater Management Program for
Nutrient Control
12

NC Code of Ordinance, Chapter 22, Article 2 2/14/2000 & 6110/2021
Qualified Professional & Stormwater Management Program for
Nutrient Control
Summary Description of Stormwater Program
In accordance with stormwater rule 15A NCAC 2B .0239 Tar -Pamlico River Basin -Nutrient Sensitive Waters
Management Strategy: Basinwide Stormwater Requirements, hereafter referred to as the "Rule'; the County of
Edgecombe is required to develop a local stormwater program to comply with the substantive requirements of
the Rule. This document is intended to satisfy the substantive requirements of the Rule along with some
additional requirements of the National Pollution Discharge Elimination System (NPDES) Phase 11 Stormwater
Rule.
This Program`includes all technical requirements to satisfy the Rules`and works together with the Edgecombe
County Unified Development Ordinance. Within the Unified Development Ordinance, Section 12-3 regulates
Stormwater Management, and references this Stormwater Management Program for Nutrient Control, making
this document fully enforceable as if it were wholly contained within the Unified Development Ordinance.
Measurable Tasks for Post -Construction Runoff Control BMPs
The Town of Winterville will implement the following program measures to satisfy the post -construction runoff
control requirements of the nutrient stormwater rule..
Table 6: Post Construction Site Runoff Control BMPs
Post Construction Site Runoff Control BMPs
Minimum Post -Construction Reporting Requirements
Measures to document activities over the course of the fiscal year (July 1 — June 30) including
appropriate information to accurately describe progress, status, and results.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Implementation
Metric
6.1.1
Standard Nutrient Management Strategy Reporting
Implement standardized
1. Track number of NMS-
1. Continuously
1. Number of plan
tracking, documentation,
subject plans approved in
approvals issued for
inspections and reporting
past year.
NMS-subject
mechanisms to compile
developments in the
appropriate data for the
past year.
annual self -assessment
2. Maintain a current
2. Continuously
2. Summary of
process.
inventory of developments
number and type of
and lots with BUA limits
SCMs added to the
(6.3.6) and constructed
inventory in the past
SCMs including SCM type or
year; and number of
location, and last inspection
developments with
date (6.5.1).
BUA limits added to
inventory in the past
year.
13

Post Construction Site Runoff Control BMPs
3. Track number of post-
3. Continuously
3. Number of post -
construction SCM inspections
construction SCM
performed by staff in the past
inspections in the
year. 6.5.4past
year.
4. Track number and type of
4. Continuously
4. Number and type
construction -phase
of construction-
stormwater inspections
phase stormwater
erformed.
inspections. '
6.1.2
'Data Used in Nutrient Calculations
Input data used for the
1. Export SNAP input data
1. Continuously
1. Nutrient
calculation of nutrient export.
from each development upon
calculation input data
and reduction by SCMs for all
approval.
for all developments
development sites subject to
and expansions
.0711 will be collected for the
subject to the Neuse
year and submitted as an
Stormwater Rule
appendix for the Local
submitted to NCDEQ
Program's Annual Report.
by October 30 of
each year.
2. Provide adjusted SNAP
2. Annually
2. Nutrient
input data from each
calculation data for
development where
these developments
completed landcovers are
and a notice for
different from what was
which previously -
permitted.
submitted data are to
be replaced.
Legal Authority
Measures to maintain adequate legal authorities through ordinance or other regulatory mechanism
to:
(a) review designs and proposals for new development and expansion of development to
determine whether adequate stormwater control measures will be installed, implemented,
and maintained,
(b) implement requirements of the Neuse Nutrient Management Strategy Stormwater Rule,
including nutrient targets, Rule applicability, stormwater treatment requirements, nutrient
calculation methods, and nutrient offset.
(c) request information such as stormwater plans, inspection reports, monitoring results, and
other information deemed necessary to evaluate compliance with the Post -Construction
Stormwater Management Program, and
(d) enter private property for the purpose of inspecting at reasonable times any facilities,
equipment, practices, or operations related to stormwater discharges to determine whether
there is compliance with the Post -Construction Stormwater Management Program.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Im lementation
Annual Reporting
Metric
6.2.1
Nutrient Management Strategy Requirements Specified in Ordinance
Neuse Nutrient Management
1. Establish nutrient targets
1. First year
1. Completed y/n?
Strategy requirements shall
through code
be included in the
revision
jurisdiction's development
2.
2.
2.
ordinance. Ordinance needs
to be at least as stringent as
3.
3.
3.
the NMS Rule requirements
4.
4.
4.
14

Post Construction Site Runoff Control BMPs
for Rule applicability, nutrient
5.
5.
5.
targets, stormwater
requirements, specify the
calculation method, and
procedures for nutrient offset.
6.2.2
Authority to Review Federal, State, and Local Government Plans
Ensure local ordinance.
1. Revise code to require
1. First year
1. Completed y/n?
specifically requires
Federal, State, and local
compliance with Nutrient
government projects to
Management Strategy by
comply with post
Federal, State, and Local
construction requirements
government
unless subject to its own
projects.
NPDES MS4 permit or
qualifying alternative program
2. Contact representatives of
2. First year
2. Completed y/n?
all Federal, State, and local
government land holdings
within the jurisdiction to
advise them of this
development review
requirement.
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.2.3
Legal Authorities for Development Plans and Plan Review
Provide adequate legal
1. Establish legal
1. First year
1. Completed y/n?
authorities designed to meet
authority through code
the objectives of the Post-
revision
Construction Site Runoff
2.
2.
2.
Controls Stormwater
Management program,
3.
3.
3.
including the ability to request
stormwater plans, conduct
4.
4.
4.
5.
5.
5.
development design reviews
and approvals, review and
approve O&M Plans and
Agreements for all SCMs,
requiring deed restrictions
and protective covenants for
SCMs, and requiring
recordation of BUA limits -for
projects and individual lots
within.
6.2.4
Authority to Require Submission of Annual SCM Inspection Reports
Provide legal authority to
1. Establish legal
1. First year
1. Completed y/n?
require owners and operators
authority through code
of post -construction SCMs to
revision
perform and submit
2.
2.
2.
inspections performed by a
qualified professional on a
3.
3.
3.
annual basis.
4.
4.
4.
15

Post Construction Site Runoff Control BMPs
5.
5.
5.
6.2.5
Legal Authorities for Inspections and Enforcement
Provide legal authorities
1. Establish legal
1. First year
1. Completed y/n?
needed for inspections and
authority through code
enforcement including right-
of -entry, ability to issue
revision
2.
2.
2.
Notices of Violation and Stop
Work Orders, ability to review
3.
3.
3.
as-builts for compliance with
approved plans, and other
4.
4.
4.
5.
5.
5.
enforcement mechanisms.
6.2.6
SCM Minimum Design Criteria Specified
Ensure the local ordinance or
1. Revise code to specify
1. First year
1. Completed y/n?
local SCM design manual
State Minimum Design
specifically refers to the
Criteria for SCM design
State's Minimum Design
2.
2.
2.
Criteria.
3.
3.
3.
4.
4.
4.
5.
5.
5.
Plan Review and Approval
Measures to maintain. plan review and approval- authority, standards, and procedures to:
(a) (MS4 jurisdictions only) Require Federal, State, and local government projects to comply
with Post -Construction Program requirements throughout the entire jurisdiction, unless the
entity is subject to its own NPDES MS4 permit or a qualifying alternative program, or set up
Memoranda of Agreement with Federal, State, and Local government property owners
noting the appropriate reviewing authority for potential development plans on those
properties,
(b) Conduct site plan reviews of all new development and redeveloped sites that disturb greater
than or equal to one acre, and sites that disturb less than one acre that are part of a larger
common plan of development or sale for compliance with 15A NCAC 02H .1017 and the
qualifying alternative programs that apply within your jurisdiction (MS4 only),
(c) Conduct site plan reviews of all new development and development expansions for
compliance with the stormwater treatment and nutrient reduction requirements in 15A NCAC
02B .0711, including reviews of nutrient calculations using a DWR-approved calculation tool,
(d) Ensure that each project has an Operation and Maintenance Agreement that complies with
15A NCAC 02H .1050(12),
(e) Ensure that each project has an Operation and Maintenance Plan that complies with 15A
NCAC 02H .1050(13),
(f) Ensure that each project has recorded deed restrictions and protective covenants, that
require the project to be maintained consistent with approved plans, and
(g) Ensure that each SCM and associated maintenance accesses be protected in a permanent
recorded easement per 15A NCAC 02H 1050 (9) and (10).
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
6.3.1
MOAs for Plan Review -Federal, State, Local Government
ifel

Post Construction Site Runoff Control BMPs
Local Program will have an
1. Set up Memoranda of
1. First year
1. List of entities,
MOA with each Federal,
Agreement with a responsible
responsible parties
State, and Local Government
party of each Federal, State,
and contact
entity within its jurisdiction,
and Local Government entity
information, and
stating whether the entity has
with property within the
whether plan review
chosen to have the Local
jurisdiction of the Local
will be local or state.
Program review any future
Program.
development plans for
2.-
2.
2.
compliance with NMS Rule,
or whether plans will be
3
3.
3.
submitted to DEMLR for
4.
4.
4.
review.
5.
5.
5.
6.3.2
Review Plans for Compliance with Nutrient_ Management Strategy
Conduct site plan reviews of
1. Establish application intake
1. First year
1. Completed y/n?
all new development and
and review procedures
development expansions for
2. Conduct site. plan reviews
2. Continuously
2. Number of plans. -
compliance with the
stormwater treatment and
approved that year
3.
3.
3.
nutrient reduction
requirements in 15A NCAC
4.
4.
4.
02B .0711 or .0731, including
reviews of nutrient
5
5.
5.
calculations using a DWR-
-approved calculation tool.
6.3.3
SCM Operations and Maintenance Agreements and Plans
Ensure each stormwater
1. Establish legal
1. First year
1. Completed y/n?
control measure has an
authority through code
Operation and Maintenance
revision
Plan that complies with
2. Enforcement of new
2. Continuously
2. Number of O&M
15A NCAC 02H .1050(13)
code by requiring
Plans and
and an Operation and
approval of O&M Plan and
Agreements
Maintenance Agreement that
Agreement by Stormwater
approved that year
complies with 15A NCAC 02H
Administrator prior to plan
.1050(12)
approval
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.3.4
Deed Restrictions and Protective Covenants
Provide mechanisms such as
1. Establish legal
1. First year
1. Completed y/n?
recorded deed restrictions
authority through code
and protective covenants that
revision
ensure development activities
2.
2.
2.
will maintain the project
consistent with approved
3
3.
3.
plans. (Don't close project
until deed restrictions are
4.
4.
4.
5•
5.
5.
recorded.)
6.3.5
Protective Easements for SCMs
17

Post Construction Site Runoff Control BMPs
Require that each SCM and
1. Establish legal
1. First year
1. Completed y/n?
associated maintenance
authority through code
accesses be protected in a
revision
permanent recorded
2.
2.
2.
easement per 15A NCAC
02H 1050 (9) and (10).
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.3.6
Require Recordation of BUA Limits on Deeds or Plats
Ensure that for lots in
1. Establish legal
1. First year
1. Establish legal
developments with a
authority through code
authority through
Common Plan of
revision
code revision
Development that a BUA
2.
2.
2.
limit, based on the approved
stormwater plan, is recorded
3.
3.
3.
with either the deed or plat
-4.
4.
4.
5.
5.
5.
6.3.7
Plan Review Staff Training on Nutrient Calculator Tool
Ensure all plan review staff
1. All current plan review staff
1. First year
1. Number of review
have gone through DWR-
participate in live online
staff that attended
provided plan reviewer
training for calculator tool.
live online training
training for the approved
2. Plan review staff who were
2. As needed
2. Number of review
nutrient calculator.
unable to attend live online
staff that viewed
workshop view recording of
recording of training
training.
that year
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.3.8
SCM Transfer Process
Prepare a "handoff'
1. Develop instructions and
1. First year
1. Completed y/n?
educational process for when
materials for outreach to
developers transfer
HOAs
2. Set up annual reminders
2. Second year and
2. Completed y/n?
ownership of SCMs to
HOAs/POAs. Educational
(postcards/email) to HOAs for
annually thereafter
materials should include
SCM O&M and inspection
estimates of annual costs for
3.
3.
3.
O&M and inspection, LG
general expectations,
4.
4.
4.
possible/likely modes of
failure, HOA/POA general
5
5.
5.
obligations, other guidance
and resources. Integrate this
process with the as -built
inspection of SCMs.
18

Post Construction Site Runoff Control BMPs
Inspections and Enforcement
Measures to maintain inspection and enforcement authority, standards and procedures to:
(a) Conduct post -construction inspections prior to issuing a Certificate of Occupancy or a
Temporary Certificate of Occupancy. Alternatively, the project owner may provide a surety
bond to guarantee compliance with the approved plan(s),
(b) Ensure that the project has been constructed in. accordance with the approved plan(s),
(c) Ensure annual inspection of each permitted SCM to ensure compliance with the approved
Operation and Maintenance Agreement,
(d) Ensure inspection of low -density projects at least once every five years (MS4s only), and
(e) Require that inspections be conducted by a qualified professional.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
6.4.1
Inspection of Post -Construction SCMs
Conduct staff inspection of all
1. Conduct inspection of
1. Annually
1. Number of SCMs
post -construction SCMs at
least once every five years.
20% of SCMs each year
ins ected
2.
2.
2.
3.
3.
3.
4.
4.
4.
16.4-2
5.
5.
5.
Require submission of Annual Post -Construction SCM Inspections
Require annual submission of
1. Assign data storage
1. First year
1. Completed y/n?
post -construction SCM
location for reports and staff
inspections reports, that
to log them in
inspections are conducted by
2. Log reports as they're
2. Continuously
2. Number of
a qualified professional for
received
reports received that
compliance with the approved
O&M plan, and that SCM
year
3.
3.
3.
owners keep O&M records
available for viewing by the
4
4.
4.
Local Program for 5 years.
5.
5.
5.
6.4.3
Inspection of Projects for Compliance With an Approved Plan
Ensure inspection of all
1.
development projects for
compliance with approved
2
2.
2.
stormwater plans, forest
protection, and BUA limits,
3.
3.
3.
4-
4.
4.
including projects with a lack
of an approved plan. Use
enforcement measures such
5
5
5
as NOVs and stop work
orders.
6.4.4
End -of -construction SCM Inspections
1.
1.
1.
2.
2.
2.
W

Post Construction Site Runoff Control BMPs
Conduct post -construction
3.
3.
3.
SCM inspections prior to
issuing a Certificate of
4.
4.
4.
Occupancy or a Temporary
Certificate of Occupancy.
5.
5.
5.
Alternatively, the project
owner may provide a surety
bond to guarantee
compliance with the approved
plan(s), and ensure that the
project has been constructed
in accordance with the
approved plan(s).
Documentation
Measures to maintain adequate documentation and standardized inspection and tracking
mechanisms to:
(a) Maintain an inventory of post -construction SCMs and their responsible.parties,
(b) Maintain an inventory of low -density projects (MS4s only),
(c) Maintain an inventory of developments and parcels with BUA limits,
(d) Document, track and maintain records of inspections and enforcement actions through the
end of construction for compliance with development plans. Tracking shall include the ability
to identify chronic violators,
(e) Provide education resources for developers to meet stormwater and nutrient management
Rules,
(f) Provide education resources for the public regarding BUA limits in developments and
management of SCMs.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
6.5.1
Inventory of Post -Construction SCMs
Develop and maintain a
1. Establish list of
1. First year
1. number of SCMs
comprehensive inventory of
existing post -construction
post -construction SCMs to be
SCMs and responsible
utilized for inspections and
parties
tracking. Inventory shall
2. Add SCMs to inventory list
2. Annually
2. total number of
include information on
when project as-builts are
SCMs
responsible parties and
approved
contact information.
3. Update responsible party
3. Annually
3. Completed y/n?
information from submitted
annual ins ection reports
6.5.2
Inventory of Developments and Lots with BUA Limits
Develop and maintain a
1. Establish a list of
1. First year
1. number of
comprehensive inventory of
developments with BUA limits
develo ments
2. Establish a list of parcels
2. First year
2. number of parcels
projects that have BUA limits
tied to their stormwater
or lots with BUA limits
management or nutrient
3. Add developments and lots
3. Continuously
3. total numbers of
loading requirements to be
within to the list when project
developments and
used when reviewing new
as-builts are approved
I lots
development plans. Develop
4.
4.
4.
20

Post Construction Site Runoff Control BMPs
and maintain a database BUA
5.
5.
5.
limits on developments and
individual lots within, with
BUA limits based on their
approved stormwater plans.
Actual BUA amounts are
updated as new development
is approved for and occurs on
individual lots.
6.5.3
Inspections & Enforcement Tracking - Construction -Stage Compliance
Develop and maintain a
1. Develop inspection
1. First year
1. Completed y/n?
tracking mechanism for
tracking mechanism to meet
inspections, enforcement,
all requirements
and follow-up actions through
2. Enforcement actions are
2. Continuously
2. Number of SCMs
the end of construction for
compliance with development
followed for sites with
with deficiencies that
plans, including SCM
frequent deficiencies
year, number of
installations, BUA limits, and
SCMs with
protection of forested areas.
unresolved
Provide the ability to identify
deficiencies
chronic violators.
3.
3.
3.
6.5.4
Inspections & Enforcement Tracking - Post -Construction SCM Compliance
Develop and maintain a
4. A list of SCMs and
1. First year
1. Cumulative
tracking mechanism for
responsible parties is
number of SCMs
inspections, enforcement,
developed and kept updated
identified
and follow-up actions of post-
2.Due dates are set for
2. First year
2. Due dates roll
construction SCM
submission of annual
through the year or if
inspections, including annual
inspection reports
there is a single
inspection submissions and
date?
periodic staff inspections.
3.Staff are assigned
3. Annual report
3. Number of missed
Provide the ability to identify
responsibility for ensuring
check -in
annual reports that
chronic violators.
missed reports have followup
year
4. Enforcement actions are
4. Continuously
4. Number of SCMs
followed for sites with
with deficiencies that
frequent deficiencies
year, number of
SCMs with
unresolved
deficiencies
5.
5.
5.
6.5.5
Developer Resources - General
(See full BMP description iri
1.
Public Education and
Outreach Table 10, 10.3.1)
2•
2.
2.
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.5.6
Developer Resources - Nutrient Rules
(See full BMP description in
1.
Public Education and
Outreach Table 10, 10.3.2)
2.
2.
2.
21

Post Construction Site Runoff Control BMPs
3.
3.
3.
4.
4.
4.
5.
5.
5.
6.6.7
public Education for BUA Limits and SCM Maintenance
(See full BMP description in .
Public Education and
Outreach Table 10, 10.3.3)
1.
1.
1.
2
2
2
3.
3.
3.
4.
4.
4.
5.
5.
5.
PART 6: ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
Non-Stormwater Discharges
The water quality impacts of non-stormwater discharges have been evaluated by the Town of Winterville as
summarized in Table 7: Non-Stormwater Discharges below as to whether they are incidental or possible. The
unpermitted non-stormwater flows listed as incidental do not significantly impact water quality. the Town of
Winterville has evaluated residential and charity car washing and street washing for possible significant water
quality impacts.
Street washing discharges are addressed under the Illicit Discharge Detection and Elimination section of this
SWMP. The Division has not required that other non-stormwater flows be specifically controlled by the Town
of Winterville.
Wash water associated with car washing that does not contain detergents or does not discharge directly into
the local drainage system is considered incidental. However, these types of non-stormwater discharges that
do contain detergents have been evaluated by the Town of Winterville to determine whether they may
significantly impact water quality.
Table 7: Non-Stormwater Discharges
Non-Stormwater Discharge
Water Quality Impacts
Water line and fire hydrant flushing
(Incidental
ossible
Landscape irrigation
E en
Possible)
Diverted stream flows
ncidenta
Possible)
Rising groundwater
ncidenta
Possible)
Uncontaminated groundwater infiltration
ciden a
Possible)
22

Uncontaminated pumped groundwater
(!Edenta
Possible)
Uncontaminated potable water sources
ciden a
Possible)
Foundation drains
ncidenta
Possible)
Air conditioning condensate
ciden a
Possible)
Irrigation waters
ncidenta
Possible)
Springs
ciden a
Possible)
Water from crawl space pumps
ncidenta
Possible)
Footing drains
nciden a
Possible)
Lawn watering
ncidenta
Possible)
Residential and charity car washing
(Incidental
ossible
Flows from riparian habitats and wetlands
ciden
Possible)
Dechlorinated swimming pool discharges
Ciiciclenfatj
Possible)
Street wash water
ciden a
.Possible)
Flows from firefighting activities
(Incidental
ossible
Measurable Tasks for Illicit Discharge Detection and Elimination BMPs
The Town of Winterville will develop, manage, implement, document, report and enforce an Illicit Discharge
Detection and Elimination Program which includes the following illicit discharge detection and elimination
BMPs.
Table 8: Illicit Discharge Detection and Elimination BMPs
Illicit Discharge Detection and Elimination BMPs
Stormwater Drainage Network Map
Measures to develop, update and maintain a stormwater drainage network map including
stormwater conveyances, flow direction, major outfalls and waters of the United States receiving
stormwater discharges.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Implementation
Metric
$
Creation and Maintenance of Stormdrain Network Map
The stormdrain network map
1. Create a GIS data layer
1. First year
1. Report percent of
will be created through field
containing known major
system initially
mapping and GIS analysis of
outfalls, stormwater inlets,
mapped
existing data. Major
conveyances, and other
components include
infrastructure
2.Update GIS data layer with
2. Second year
2. Report number
stormwater inlets,
conveyances, roadside ditches,
field mapped objects, verify
and type of objects
and outfalls. Infrastructure type
flow directions of all
identified
and flow direction will be
conveyances
23

Illicit Discharge Detection and Elimination BMPs
identified. Data will be
3. When new public
3. Annually
3. Report types and
continually maintained.
stormwater infrastructure is
number of new public
identified or
infrastructure added
constructed add objects to the
to the map during the
map with flow direction
reporting eriod
8.1.2
Waters of the State GIS Data Layer
A GIS data layer of waters of
1. Acquire a GIS datar layer of
1. First year
1. Report when data
the state will be created or
the waters of the state from
layer is acquired and
acquired, with regular updates
the USGS 'or other source
source of data, note
sought.
publication date
2.Check for regular updates
2. Annually
2. Report whether
from data source, or add field-
data, were updated (if
identified objects to self-
self -sourced), or
sourced dataset
whether a new
dataset was issued
with publication date
3. (Acquiring a fine -scale
3.
3.
watersheds data layer is highly
recommended.
8.1.3
Land Use GIS Data Layer
The Local Program will
1. Create landuse data layer
1. First year
1. Report when data
maintain a GIS data layer of
starting from zoning maps or
are acquired or
current land use types in the
current landuse data layer.
updated
2.(optional) Refine land use
2.Annually
2. Reportwhen data
jurisdictional area.
polygon data with identification
are acquired or
of specific discharge types and
updated.
potential sources (e.g.
restaurants, auto care, animal
care, etc.).
8.1.4
Location of Sanitary Sewers and Other Human Waste Sources
The Local Program will create
1. Obtain regular updates of a
1. Annually
1. Report whether
or acquire a copy of the
sanitary sewer GIS layer from
updates were
sanitary sewer network GIS
providers overlapping the area
received. Note
data layer and other septic
of its jurisdiction
publication date or
infrastructure in GIS format that
date of last update.
2. Obtain regular updates of a
2. Annually
2.Report whether
covers the jurisdictional area
for identification of potential
septic system GIS layer
updates were
nutrient contributions to the
showing systems in its
received. Note
stormdrain network or Waters
jurisdiction.
publication date or
of the State.
date of last update.
3.
1 3.
3.
8.1.5
Preparation of Source Tracking Maps for Field Staff
The Local Program will prepare
1. Create initial maps
1. First year
1. Completed y/n?
paper or electronic maps for
containing stormdrain
use by field staff conducting
infrastructure, waters of the
dry weather inspections,
state, sanitary and septic
discharge identification and
locations, and land use.
2.Update maps with revised
2. Annually
2. Completed y/n?
tracing, and identification of
sanitary cross -connections.
data layers, and additional
data sources if available.
Distribute to field staff.
24

Illicit Discharge Detection and Elimination BMPs
Regulatory Mechanism
Measures to provide an IDDE ordinance or other regulatory mechanism that provides legal authority
to prohibit, detect, investigate, and eliminate illicit connections and discharges, illegal dumping and
spills into the stormdrain network, including enforcement procedures and actions.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Im lementation
Metric
8.2.1
Maintain Legal Authority
Maintain the legal authority to
1. Review ordinance against
1. First year
1. Report if a revision
prohibit, detect, investigate,
EPA model ordinance and
is required and if a
and eliminate illicit connections
update if revision is required to
revision is made.
and discharges, illegal
maintain adequate legal
dumping and spills into the
authority
2.
2.
2.
stormdrain network and waters
of the state,- including adequate
3.
3.
3.
support for enforcement
procedures and actions.
4.
4.
4.
5.
5.
5.
8.2.2
Enforcement and Resolution Standard Operating Procedures
Develop and maintain a set of
1. Develop enforcement and
1. First year
1. Completed y/n?
procedures and, data collection
resolution protocol
for notifying property owners of
2. Train staff in protocol
2. As needed
2. training dates
discharge and violation,
advising on and verifying
3. Update based on annual
3. second year
3. Date of review
correction of discharge (see
IDDE review
and annually
Elimination Protocols 8.3.4),
thereafter
4.
4.
4.
and the process for escalation
of enforcement.
5.
5.
5.
IDDE Plan and Implementation
Measures to maintain and implement a written IDDE Plan to detect and address illicit discharges,
illegal dumping and any non-stormwater discharges identified as significant contributors of
pollutants to the stormdrain network.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Annual Reporting
Implementation
Metric
8.3.1
proactive Program: Outfall Inspections
Perform regular dry weather
1. Train inspections staff
1. Annually as
1. Completed y/n?
(no rain in previous 72 hours)
to perform dry weather
needed
outfall
outfall inspections and
illicit discharge
investigations
25

Illicit Discharge Detection and Elimination BMPs
inspections to proactively
2. Split major outfalls
2. Rotate to next
2.total number of
identify illicit discharges and
into five equal groups (20% of
group of 20%
outfalls
illicit
total) for
every year,
connections.
inspection; so that with
update as needed
one group inspected per
year, all major outfalls
will be inspected over a
five-year period, update as
needed
3. Inspect one group of outfalls
3. Inspect set in
3. outfalls inspected
(set listed above) annually in
one year
that year
dry weather conditions and
document any potential
violations using
forms and procedures
4.
4.
4.
5.
5.
5.
8.3.2
Discharge/Dumping and Source Type Scoping
A set of common or expected
1. Use discharge/pollutant
1. First year
1. Completed -y/n?
illicit discharge and dumping
worksheet included in this
types for the community and
document or similar approach
2. Revise worksheet based on
2. Second year
2. Date of review
likely source types will be
identified and revised based on
past year's IDDE incidents
and annually
IDDE investigations.
thereafter.
3.
3.
3.
4.
4.
4.
5.
5.
5.
8.3.3
Detection, Tracing, and Investigation Standard Operating Procedures
A set of detection methods,
1. Using discharge and
1. First year
1. Completed y/n?
source tracing methods, and
source type scoping, consult
investigation methods will be
with other jurisdictions and
identified based on the
DWR for methods for detecting
discharges and source types
discharge types, and
identified in BMP 8.3.2. This
identifying unknown
includes indicators (like test
discharges
strips discharge appearance),
2. Develop standard operating
2. First year
2. Completed y/n?
tracing methods (like dye
procedures and data collection
tests), and screening locations
forms for field investigations
(like outfalls). Standard
3. Update based on annual
3. Second year
3. Date of review
Operating Procedures for IDDE
IDDE review
and annually
investigation will be developed
thereafter.
from that, incorporating use of
4.
4.
4.
Tracking Maps (BMP 8.4.1)
and updated based on IDDE
5.
5.
5.
investigations. Forms for
collecting data in in response
to discharge reports will be
developed. This program will
be regularly updated based
prior IDDE investigations.
8.3.4
Elimination Protocols and Agreements
26

Illicit Discharge Detection and Elimination BMPs
A set of discharge and
1. Determine appropriate
1. First year.
1. Completed y/n?
dumping elimination and
elimination / treatment
cleanup protocols will be
protocols for each type of
developed based on the
source/discharge
discharges and source types
2. Arrange agreements with
2. First year
2. Completed y/n?
identified in BMP 8.3.2.
cooperating entities as needed
Instruction materials will be
3. Update based on annual
3. Second year
3. Date of review
developed where appropriate.
IDDE review
and annually
Agreements with other entities
thereafter
(such as WWTP operators) will
4.
4.
4.
be set up. This will be updated
based on prior IDDE cleanup
5.
5.
5.
efforts.
8.3.5
proactive Program: IDDE Priority/Hot Spot Screening Program
A proactive discharge and
1. Determine high priority
1. First year
1. Completed y/n?
dumping regular screening and
areas for proactive screening
detection program will be
developed based on detection
2. Develop schedule,
procedures, locations
2. First year
2. Completed y/n?
methods and promising
3. Collect data according to
3. Annually
3. number of site
screening locations identified in
procedures
visits that year,
BMP 8.3.3. This program will
number of discharges
prioritize screening areas
found
based on likely / expected hot-
4. Update based on annual
4. Second year
4. Date of review
spots determined from the
IDDE review
and annually
Landuse and Human Waste
thereafter.
GIS data (BMP 9.1.3) and
other sources. Forms for
5.
'5.
5.
collecting program data will be
developed. This program will
be regularly updated based
prior IDDE investigations.
8.3.6
IDDE Program Evaluation
Yearly evaluation of IDDE
1. Evaluation meeting
1. Year 2 and
1. Date of review
program to promote
with IDDE program
annually
continuance of effective
stakeholders; to include
thereafter.
components and improvement
at least Stormwater
in areas that are lacking.
Administrator and
Utilities Director
2. Review of IDDE
2. Year 2 and
2. Chronic violators
reports and identification
annually
and/or hot -spots
of chronic violators,
thereafter.
found? y/n
issues, and/or "hot -spot"
areas
3. Review against other BMPs
3. Year 2 and
3. date of review
for needed SWMP updates
annually
thereafter.
4.
4.
4.
5.
5.
5.
8.3.7
Public/Business Outreach About Illicit Discharges, Dumping, Cross -Connection
1.
1.
1.
27

Illicit Discharge Detection and Elimination BMPs
(See full BMP description in
2.
2.
2.
Public Education and Outreach
Table 10, BMP 10.3.4)
3.
3.
3.
4.
4.
4.
5.
5.
5.
IDDE Tracking
Measures for tracking and documenting the date(s)-an illicit discharge, illicit connection or illegal
dumping was observed, the results of the investigation, any follow-up of the investigation, the date
the investigation was closed, the issuance of enforcement actions, and the ability to identify chronic
violators.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
8.4.1
IDDE Tracking System
Develop a tracking system for
1. Develop a tracking
1. First year.
1. Date completed:
observed IDDE incidents and
spreadsheet or database to
results of investigation (BMP
collect data from IDDE
8.3.1), cleanup or elimination
investigations and follow-up
actions, follow-up actions,
actions including enforcement,
enforcement actions (BMP
through to closure.
8.3.4), and when the
2. Develop an "Illicit
2. First year.
2. Date completed.
investigation was close.
Discharge/Dumping
Tracking system will be able to
Investigation" form to include
identify chronic violators.
observed illicit discharge
Ensure data collected through
indicators, date, location, and
proactive screening (BMP#),
contacts made
reports collected from staff
3. Ensure IDDE incidents and
3. First year and
3. Number of
(BMP 8.5.1), and via the
followup are properly tracked.
subsequent
incidents reported
Stormwater Hotline (BMP
8.6.1) are integrated into this
years.
each year.
4. Update based on annual
4. Second year
4. date of review
system.
IDDE review
and annually
thereafter.
5.
5.
5.
IDDE Training and Reporting
Measures to provide training for municipal staff and contractors who, as part of their normal job
responsibilities, may observe an illicit discharge, illicit connection, illegal dumping or spills. Training
shall include how to identify and report illicit discharges, illicit connections, illegal dumping and
spills. Each staff training event shall be documented, including the agenda/materials, date, and
number of staff participating.
BMP
A
B
C
D
No.
Description of BMP
Measurable Goal(s)
Schedule for
Implementation
Annual Reporting
Metric
8.5.1
Staff Training and Reporting
Develop a program to educate
1. Develop staff training
1.Year 2
1. Yes/no/status
local government staff of
program for employees
28

Illicit Discharge Detection and Elimination BMPs
indicators of potential illicit
2. Train staff with Illicit
2. Year 2
2. Report
discharges, cross -connections,
Discharge & Detection
topics/agenda,
and illegal dumping and the
responsibilities or the
training date, and
appropriate avenues through
potential to discover an illicit
number of attendees
which to report suspected illicit
discharge during routine work
discharge.
activities
3. Train new staff that
3. As needed.
3. Report
will be part of the IDDE
topics/agenda,
program
training date, and
number of attendees
4. Update based on annual
4. Second year
4. date of review
IDDE review
and annually
thereafter
5.
5.
5.
IDDE Reporting
Measures for the public and staff to report illicit discharges, illegal dumping and spills. The
mechanism shall be publicized to facilitate reporting and shall be managed to. provide rapid
response by appropriately trained personnel.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Implementation
Annual Reporting
Metric
8.6.1
Stormwater Hotline
(See full BMP description in
1.
1.
1.
Public Education and Outreach
Table 10, BMP 10.2.2)
2
2.
2.
Encourage the reporting of
strange smells, colored water,
3.
3.
3.
foam, and oil.
5.
5.
5.
29

PART 7: PUBLIC EDUCATION AND OUTREACH PROGRAM
The Town of Winterville will implement a Public Education and Outreach Program to distribute educational
materials to the community or conduct equivalent outreach activities about the impacts of storm water
discharges on water bodies and steps the public can take to reduce nutrients in storm water runoff.
Pollutants, Sources, Audiences Worksheet
(Describe estimated/expected sources of pollutants in stormwater runoff to be targeted by the Local Program,
and likely target audiences for public education - such as schools, homeowners, business audiences, etc. This
table also can be used to evaluate illicit discharge sources and develop approaches for detection and
prevention. See Table I below for example entries. Use this table as a template or guide for evaluating
priority pollutants, sources, and audiences for both IDDE and Public Education. Public education BMPs must
be implemented to address the identified nutrient sources and"target audiences but are lobe selected and
customized by the local government.)
Identified nutrient sources and target audiences listed in Table 11 below will be addressed by the Public
Education and Outreach Program.
30

Table 9: Pollutants, Sources, Audiences Worksheet (with example entries)
Pollutants
Source Types
Landuse Types
Detection
Preventive
Cleanup
Priority /
Target Audience(s)
Methods
Practices
Methods
Frequency
-
/ Severity
Nitrogen
fertilizer
SFR, office/commercial
Homeowners, businesses,
Fertilizer soil test
Soil tests, fertilizer
County Water and Sewer
guidance, alternative
planting
Sanitary sewer leaks,
All types
Homeowners, businesses,
Bacteria analysis
sanitary cross-
.County water and Sewer
done by state -
connections
certified lab
Animal waste
SFR ROW, parks
Dog owners
Pet waste bags and
disposal stations
Phosphorus
fertilizer
All types
Fertilizer soil test
Homeowners, businesses,
County Water and Sewer
Petroleum
Gas, kerosene, motor
low -density SFR, auto
General Public, Businesses,
Oil detection sensors
Absorb
Products
oil
care businesses
Local Government
Materials
Employees
Fecal
Sanitary sewer leaks,
SFR, commercial
Homeowners, businesses,
Bacteria analysis
Maintain septic and
Indicator
sanitary cross-
County Environmental
done by state-
sanitary system
Bacteria
connections
Health
certified lab
Chlorine (misc
Pools
SFR, recreation centers
Homeowners, businesses,
high conductivity
Pool draining guidance
hypochlorite)
County
for owners, rec center
Environmental Health
operators
Detergents
Sanitary sewer leaks,
SFR, commercial
Homeowners, businesses
Maintain septic and
cross -connections
sanitary system
Car washes
SFR, commercial
Homeowners, charity
Direct water to grassy
organizations
areas, intercept with
boom and direct to
sanitary sewer
31

Measurable Tasks for Public Education and Outreach BMPs
The Town of Winterville will manage, implement and report the following public education and outreach BMPs.
Table 1: Public Education and Outreach BMPs
Public Education and Outreach BMPs -
Public Education and Outreach Planning
Measures to develop a Public Education and Outreach Plan, review implementation, and adjust as
needed. The Plan will identify the specific elements and implementation of a Public Education
Program to share educational materials to the community or conduct equivalent outreach activities
about the impacts of stormwater discharges on water bodies and how the public can reduce
pollutants in stormwater runoff.
BMP A B C D
No. Description of BMP Measurable Task(s) Schedule for Annual Reporting
Implementation Metric'
10.1.1 I Review and Update Target Pollutants, Sources, Audiences List
Develop a list of target
pollutants, sources, and
audiences for the Local
Program. Review pollutants
likely to have significant
stormwater impact against past
IDDE investigations, Impaired
Waters list, and other resources.
Update sources and potential
audiences based on IDDE
investigations and other
resources.
1. Create table of target 1. First year
pollutants, sources, and
audiences for inclusion in Local
Proaram
2. Annual review of Impaired 2. Reviewed
Waters and TMDL Map and annually.
most recent 303(d) list.
3. Review tracking of illicit
discharge investigations and
enforcement and identify
emeraina taraet pollutants.
4. Review public contacts for
pollutant, source, or audience
changes.
5.
10.1.2 I Develop and Update Public Education Plan
Develop a Public Education and
Outreach Plan based on the
pollutants, sources, and
audiences identified (BMP
10.1.1). The plan will describe
specific materials and
approaches for addressing
identified pollutants, sources,
and audiences. Effectiveness
1. Develop initial Public
Education and Outreach Plan
based on identified pollutants,
sources, and audiences.
2. Modify Plan based on review
changes in pollutants, sources,
audiences list, IDDE
investigations, and public
contacts. Include a review of
3. Reviewed
annually.
4. Reviewed
annually.
5.
1. First year
2.Second year
and annually
thereafter.
1. List is in initial
Local Program.
2. List new or
changed pollutants,
likely sources, and
possible audiences.
3. List new or
changed pollutants,
likely sources, and
possible audiences.
4. List new or
changed pollutants,
likely sources, and
possible audiences.
A
1. Share plan with
DEQ.
2. Share revised
plan with DEQ
32

Public Education and Outreach BMPs
will be reviewed annually against
past events/outreach, including
IDDE investigations, Public
unplanned ones BMP 10.1.1).
Education and Outreach efforts
3.
3.
3.
of the past year, and contacts
with the public, and lead to Plan
4.
4.
4.
revisions.
5.
5.
5.
Education and Outreach Media
Types
Measures to -collect and/or develop
education, outreach, and involvement materials in different
media or through different mechanisms.
Media are not specific to pollutant types, pollutant sources,
or target audiences -.they com
rise methods of education and outreach.
BMP
A
B
C
D
No.
Description of BMP
Measurable Task(s)
Schedule for
Im lementation
Annual Reporting
Metric
10.2.1
Stormwater Page on Local Government Website
Set up a web site designed to
1. Establish the
1. First year
1. Report the date
convey the program's
stormwater web page
the
message(s) and provide a place
web page goes live,
to host online materials including
web a e URL
information on the local
2. Maintain the webpage,
2. Annually
2. Report the date
government's water resources
update any broken links, upload
the
activities, the NMS Local
new educational material (list
web page is
Program, annual reports,
educational materials,
ordinances, guidelines, events
announcements, etc. The
materials under Targeted
Audiences and Topics),
upload Local Program
reviewed
and updated as well
aswhat updates are
made, list specific
web page will also serve to
materials posted
advertise the stormwater hotline
3. Set a hit counter in
3. Annually
3. Report the
and opportunities for
order to monitor
number of hits
involvement.
engagement
4.
4.
4.
5.
5.
5.
10.2.2
Stormwater Phone Hotline
A phone hotline will be
1. Set up and maintain hotline
1. First year
1. Report the date
maintained and monitored by
phone number
the
assigned staff for citizens to ask
hotline is
stormwater questions and report
established, the
stormwater issues. Questions or
phone number, and
comments from the public and
status in
responses from staff will be
subsequent years
tracked through to resolution.
2. Train responsible
2. First year, and
2. Report the date
(This BMP is referenced in Illicit
Discharge and Detection Table
parties in general
subsequent years
of
8, BMP 8.6.1)
stormwater knowledge,
as needed
training, and the
appropriate contacts for
dates
stormwater questions, and
any additional staff
citizen opportunities within the
are
stormwater
trained
program
3. Publicize hotline in
3. First year, and
3. Completed
materials developed for the
subsequent years
(yes/no), status
stormwater program, post on I
as needed
33

Public Education and Outreach BMPs
stormwater web page, include
in local government's phone
tree/contact lookup, include in
staff email signatures
4. Establish a tracking
4. First year, and
4. Report the
mechanism to document the
maintain all
number and type of
number and type of calls
subsequent years
calls
received, actions and
processes used through to
resolution
5.
5.
5.
Targeted Outreach Audiences and Topics
Measures -below include specific messages to singular or groups of target audiences, pollutant
types, pollutant sources, or mans ement actions.
BMP
A
B
C
D
No.
Description of BMP
Measurable Tasks)
Schedule for
Implementation
Annual Reporting
Metric
10.3.1
Developer Resources - General
Establish a developer
1. Upload links to
1. First year
1.
stormwater resources section on
ordinances, post -construction
the website so relevant materials
requirements, link to
are easily accessible for
design standards, and
developers. Include a checklist
other relevant material to
of submissions materials for
website
2. Update when changes to
2. Annually
2.
development applications.
(This BMP is referenced in Post-
resources occur
Construction Site Runoff Control
3.
3.
3.
Table 6, BMP 6.5.5)
4.
4.
4.
5.
5.
5.
10.3.2
Developer Resources - Nutrient Rules
Prepare educational materials
1. Upload links to the NMS
1. First year
1.
for developers specific to the
Rule, local ordinances, nutrient
requirements of Nutrient
calculation guidance, nutrient
Management Strategy
targets, onsite stormwater
implementation. Include
requirements, and nutrient
information on nutrient
offset procedures
2. Update when changes
2. Annually
2.
calculation guidance, minimum
onsite stormwater requirements,
to resources occur
nutrient targets, and nutrient
3.
-3.
3.
offset procedures.
(This BMP is referenced in Post-
4.
4.
4.
Construction Site Runoff Control
Table 6, BMP 6.5.6
5
5.
5.
10.3.3
public Education for BUA Limits and SCM Maintenance
Provide education and
1.
1.
1.
information resources for
Property Owners Associations
2.
2.
2.
and the general public regarding
BUA limits and the need for
3.
3.
3.
4.
4.
4.
adequate SCM maintenance.
34

Public Education and Outreach BMPs
(This BMP is referenced in Post-
5.
5.
5.
Construction Site Runoff Control
Table 6, BMP 6.5.7)
10.3.4
Public/Business Outreach About Illicit Discharges, Dumping, Cross -Connection
Design outreach materials for
1.
1.
1.
-the general public and
businesses addressing. illicit
2
2.
2.
discharges, dumping, and
sewer -cross -connections.
3.
3.
3.
4.
4.
4.
Materials describe the problem,
how to report it if encountered,
sources of assistance, and
5
5.
5.
provide descriptions of desired
alternative behavior. Provide
Spanish or other language
materials and training if
investigation, determines this is a
common cause of
miscommunication.
(This BMP is referenced in Illicit
Discharge and Detection Table
8, BMP 8.3.7)
35