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HomeMy WebLinkAboutNCS000430_APPLICATION_20161021STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. c-o O � L,`� p l DOC TYPE ❑FINAL PERMIT 0 UAI REPORT rpPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE YYYYMMDD State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2hl .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report ( SWU-Z68) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000430 ) a. Name of Public Entity Town of Montreat Seeking Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 — 97 Classification Code e. County(s) Buncombe f. Jurisdictional Area (square 3.87 miles g. Population Permanent 792 Seasonal (if available) —12,850 �r 0 h. Ten-year Growth Rate —1% Annual 61JAl:l'C1`l D�NR-L�1Nn i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION O a. Storm Sewer Service Area (square miles —2 b. River Basin(s) French Broad River Basin c. Number of Primary Receiving Streams Flat Creek d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential <30 • Commercial 0 • Industrial 0 • Open Space >60 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ® Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑Yes ®No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit El Yes ®No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Buncombe County Planning Department • Element they will implement Sedimentation and Erosion Control • Contact Person Doug Sharp • Contact Address Buncombe County Planning Department, 46 Valley Street, Asheville NC 28801 • Contact Telephone Number (828) 259-5636 c. Are legal agreements in place to establish responsibilities? ® Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL`S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace PO Box P.O. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810. E-Mail dcurrie@townofmontreat.org VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person David Currie b. Title Building Inspector/Code Administrator c. Street Address 96 Rainbow Terrace d. PO Box P.O. Box 423 e. City Montreat f. State NC g. Zip 28757 h. Telephone Number (828) 669-8002 i. Fax Number (828) 669-3810 j. E-Mail Address dcurrie@townofmontreat.org Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste 0 Management Program 0 b. UIC program under SDWA c. NPDES Wastewater Discharge 0 Permit Number d. Prevention of Significant 0 Deterioration (PSD) Program 0 e. Non Attainment Program f. National Emission Standards for 0 Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under 0 section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. TMDL Identification 2. RECEIVING STREAMS Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. CO -PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1, Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 SWU-264-103102 Attachment: Section V V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity North Carolina Hazardous Materials Regional Response Team • Element they will implement Hazardous Materials • Contact Person Scott Burnette, Asheville Fire Department • Contact Address P.O. Box 7148, Asheville NC 28802 • Contact Telephone Number (828) 259-5636 c. Are legal agreements in place to establish responsibilities? ®Yes ❑ No Statutory authority is in place for the RRT to respond to emergencies in Montreat through the Black Mountain Fire Department coordinating with Asheville Fire Department. V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS a. Do you intend that another entity perform one or more of our eermit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Land -of -Sky Regional Council • Element they will implement Public Education Assistance • Contact Person Bill Eaker, Environmental Services Director • Contact Address 339 Leicester Highway, Suite 140, Asheville, NC 28806 • Contact Telephone Number (828) 251-6622 c. Are legal agreements in place to establish responsibilities ®Yes El No Montreat is a member of the Regional Council of Governments and participates in the regional initiative to produce public information on stormwater management. NPDES RPE Stormwater Permit Application Town of Montreat ' Comprehensive Stormwater Management Program Report November 1, 2016 1 Table of Contents Part 1. Storm Sewer System Information Page 3 Section 1.1 Population Served Section 1.2 Growth Rate Section 1.3 Jurisdictional and MS4 Service Areas Section 1.4 MS4 Conveyance System Section 1.5 Land Use Composition Estimates Section 1.6 TMDL Identification Part 2. Receiving Streams Part 3. Existing Water Quality Programs Section 3.1 Local Programs Section 3.2 State Programs Part 4. Permitting Information Section 4.1 Responsible Party Contact List Section 4.2 Organizational Chart Section 4.3 Signing Official Section 4.4 Duly Authorized Representative Part 5. Co -Permitting Information (Not Applicable) Part 6. Reliance on Other Government Entity Part 7. Stormwater Management Program Section 7.1 Public Education and Outreach Section 7.2 Public Involvement and Participation Section 7.3 Illicit Discharge Detection and Elimination Section 7.4 Construction Site Stormwater Runoff Control Section 7.5 Post -Construction Stormwater Management Section 7.6 Pollution Prevention/Good Housekeeping Page 3 Page 3 Page 3 Page 3 Page 3 Page 4 Page 5 Page 6 Page 6 Page 7 Page 8 Page 8 Page 8 Page 9 Page 9 Page 9 Page 10 Page 11 Page 11 Page 15 Page 17 Page 22 Page 22 Page 27 Duly Authorized Representative Designation Appendix A: SCM Summary Table Appendix B: Town of Montreat Stormwater Management Ordinance Appendix C: Buncombe County Soil Erosion and Sedimentation Control Ordinance I ' Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application Town of Montreat Comprehensive Stormwater Management Program Report November 1, 2016 1 I Part I. Storm Sewer System information ' Section 1.1 Population Served The Town of Montreat has a permanent population of approximately 792 based on recent ' numbers from the State of North Carolina Data Center and local figures. During the months of May, June, July and August the seasonal population increases to over 12,000 based on information provided by the Montreat Conference Center for conference attendees. 1 Section 1.2 Growth Rate I A population count of 723 from the 2010 census, contrasted with the more recent data indicates just over a 1 % annual growth rate. ' Section 1.3 Jurisdictional and MS4 Service Area Certification for Powell Bill funding indicates total mileage of participating roadways to be 15.23 ' miles. Total Jurisdictional and MS4 service area is calculated at approximately 3.87 square miles for the Town. Section 1.4 MS4 Conveyance System The MS4 conveyance system for the Town consists of a combination of culverts ranging from 12" to 72" in size, French drains, catch basins, open swales and ditches, and one dry lake. Routine maintenance involves regular inspection and cleaning of culverts and catch basins, and closely monitoring performance of these systems and their effectiveness during and tfollowing storm events. One engineered stormwater detention system has been added within the last three years with scheduled maintenance performed as required by the system designer. All conveyance systems within the corporate limits are owned and maintained by the Town, with no state-owned roads present within our jurisdiction. Section 1.5 Land use Composition Estimates The Town of Montreat is primarily a residential community, with no commercial tax base or ' industrial development. Montreat Conference Center, the founding non-profit entity within the Town, is one of three national conference centers affiliated with the Presbyterian Church USA, annually visited by over 35,000 people. The Town is also home to Montreat College, a Christian liberal arts college offering masters, bachelors, and associate's degrees. The Board of Commissioners adopted the Town of Montreat Comprehensive Land Use Plan in 2008, along with the Open Space Conservation Plan (OSCP). The primary focus of the OSCP is to 1 enhance the Town's ability to protect lands with high natural resource value. More specifically, the Plan aims to: 1 Page 3 Swu-264-103102 NPDES RPE Stormwater Permit Application • provide the strategies, plans, and guidance that will realize the Town's long-term vision for conserving important open spaces and natural resources; • establish a ranking system to set priorities for use when evaluating properties in the Town for conservation; • inform the public on open space and land conservation issues, policy, process and plans; • enhance public awareness about the benefits derived from - and threats posed to - Montreat's diverse natural resources; and • establish and guide the use of the Town's Conservation Fund. There are currently approximately 175 remaining platted, undeveloped lots in Montreat, with more than 60% of the jurisdictional land held in conservation (protected open space) easement. Due to the highly residential composition of the Town, the greatest concentration of impervious cover is localized within the Town Center area where the larger institutional -use buildings and parking owned by Montreat Conference Center and Montreat College are located. Section 1.6 TMDL Identification The Town is currently not under EPA or NCDENR authority for Total Maximum Daily Load (TMDL) allocation for discharges into controlled body of water [requirements] or receiving streams. Page 4 I SWU-264-103102 NPDES RPE Stormwater Permit Application Part II. Receivinq Streams The Town of Montreat is located within the French Broad River Basin. Table 1. French Broad River Basin Receiving Stream Water Quality Use Support Water . Stream Segment Classification Rating Quality 303(d) List Name Issues Flat Creek Headwaters C, HQW Supporting pp g None Identified NIA Big Piney Upper NW done Branch Corner into C, HQW Supporting Identified NIA Flat Creek South of Kitchen Sourwood C Supporting None NIA Branch Gap into Flat Identified Creek West Lower Un-named Area below Unrated Supporting None N/A Tributaries Little Piney Identified Branch Page 5 5WU-264-103102 NPDES RPE Stormwater Permit Application Part III. Existing Water Quality Programs Section 3.1 Local Programs Comprehensive Land Use Plan — Adopted in April of 2008, the Comprehensive Plan is one step toward ensuring that new development and the infrastructure and services that accompany it help Montreat remain a tranquil town, while much of the natural environment remains intact. The plan is a reflection of the community's desires and serves as a policy guide that will aid decision makers over the coming years. The plan outlines goals and proposes regulations that protect and improve water quality, safeguard human health, protect aquatic habitats and encourage stewardship and pollution prevention within Montreat. Open Space Conservation Plan — Adopted in 2007, the primary focus of the Open Space Conservation Plan is to enhance the Town's ability to protect lands with high natural resource value. More specifically, the Plan aims to: • provide the strategies, plans, and guidance that will realize the Town's long-term vision for conserving important open spaces and natural resources; • establish a ranking system to set priorities for use when evaluating properties in the Town for conservation; • inform the public on open space and land conservation issues, policy, process and plans; • enhance public awareness about the benefits derived from - and threats posed to - Montreat's diverse natural resources; and • establish and guide the use of the Town's Conservation Fund. Stormwater Management Regulations — The Town of Montreat has adopted Stormwater Management regulations that require application for approval and permitting of projects as small as 5,000 square feet disturbed area, 24% total lot area developed to include impervious cover, or addition of 2,500 square feet impervious surface. Details of the new regulations can be found in Section 7.5 of this report. Flood Damage Prevention Ordinance — Based upon the State model, the Flood Damage Prevention Ordinance and associated Flood Insurance Rate Maps became effective January 6, 2010. The Ordinance requires enforcement of increased riparian buffer widths around streams with no established Base Flood Elevations. Hillside Development Ordinance — During the summer of 2009, the Town adopted a Hillside Development Ordinance that contains provisions requiring detailed geotechnical site assessments for steeply -sloping lots, and establishes guidelines that limit the amount of site disturbance and impervious cover that may be introduced; ultimately, with the goal of reducing the overall potential negative impacts to the surrounding watershed through decreased site instability and erosion. Erosion and Sedimentation Control — The Town continues to enforce Buncombe County Erosion and Sedimentation Control permitting requirements for land -disturbing activities greater than one acre. Page 6 SWU-269-103102 NPDES RPE Stormwater Permit Application Street Standards Ordinance — Recently amended street standards for the Town include language encouraging the use of Stormwater Control Measures (SCM's) wherever practicable, ' to minimize additional impervious cover and include provisions for narrower lanes to service lower traffic volume areas. ' Building Code Amendments — The Town has amended building regulations within the General Ordinances to include financial incentives for developers and builders that utilize Low Impact Development (LID) practices for projects; hire approved Clear Water Contractors to conduct ' site grading; incorporate stormwater or graywater collection/recycling systems; or pursue LEED, Green Globe, NAHB Green Home, or other state or nationally recognized third -party certification for "Green" site development and building practices. Section 3.2 State Programs ' The Town of Montreat has no existing programs that are implemented by the state within the MS4 service area. t Page 7 SWU-264-103102 NPDES RPE Stormwater Permit Application Part IV. Permitting Information Section 4.1 Responsible Party Contact List Measurable Name Position Telephone Fax E-Mail Goal Sections 7.1 Al (Interim) Town (828) 669-8002 (828) 669-3810 arichardson@town ofmontreat.org and 7.6 Richardson Administrator Sections 7.1; Code 7.2; 7.3; 7.4; David Currie Administrator/ Building (828) 669-8002 (828) 669-3810 dcurrie@townofmontreat.org 7.5; and 7.6 Inspector Sections 7.1; Steve Public Works 7.2; 7.3; and Freeman Director (828) 669-8002 (828) 669-3810 sfreeman@town ofmontreat.org 7.6 See Sections for Specific Responsibilitie s Section 4.2 Organizational Chart Town of Montreat Board of Commissioners Boards and Commissions Town Administrator Town Clerk Public Works Director Finance Officer Utility Maintenance Technicians/Operators. Utility Maintenance Workers; Town Attorney Police Chief Building Inspector/Code Adininistrator Police Officers Auxiliary Police Page 8 SWU-26.4-103102 NPDES RPE Stormwater Permit Application Section 4.3 Signing Official t The signing official for the Town of Montreat is David Currie, the duly authorized representative. David Currie serves as the Code Administrator/Building Inspector and has oversight and responsibility over stormwater matters. Mr. Currie was unanimously appointed ' as the Town's authorized representative for the National Pollutant Discharge Elimination System Permit on February 11, 2010. I Section 4.4 Duly Authorized Representative The Town of Montreat Board of Commissioners appointed David Currie as the Town's ' authorized representative to apply for the National Pollutant Discharge Elimination system permit. Mr. Currie serves as the Code Administrator/Building Inspector and has oversight and responsibility over stormwater matters. Written authorization from Mayor Tim Helms is tsubmitted along with the Stormwater Management Program Plan. ' Part V. Co -Permitting Information Not Applicable) ' The Town of Montreat is not working with another MS4 or group of MS4s to develop and implement the Phase II stormwater program within our jurisdictional area. ' Page 9 SWU-264-103102 NPDES RPE Stormwater Permit Application Part VI. Reliance on other Government Entity to Satisfy One or More Permit Obligations The Town of Montreat relies on the following government entities to satisfy one or more permit obligations and is not applying as co-permittees: Sedimentation and Erosion Control: Buncombe County Planning Department Erosion and Sedimentation Control Program Mr. Doug Sharp Buncombe County Planning Department, 46 Valley Street, Asheville NC 28801 Telephone Number: (828) 250-4848 A legal agreement is in place establishing the relationship between the County and the Town for administration of this program. Hazardous Materials: North Carolina Hazardous Materials Regional Response Team Asheville Fire Department P.O. Box 7148, Asheville NC 28802 Telephone Number: (828) 259-5636 Statutory authority is in place for the RRT to respond to emergencies in Montreat through the Black Mountain Fire Department. Public Education Assistance (in addition to Town Educational Initiatives): Land -of -Sky Regional Council Mr. Bill Eaker Environmental Services Director 339 Leicester Highway, Suite 140, Asheville, NC 28806 Telephone Number: (828) 251-6622 Montreat is a member of the Regional Council of Governments and participates in the regional initiative to produce public information on stormwater management. Page 10 5WU-264-103102 NPDES RPE Stormwater Permit Application Part VII. Stormwater Management Program Plan The goals of this Storm Water Management Program (SWMP) Plan are to: Reduce the discharge of pollutants from the municipal separate storm sewer system (MS4) to the maximum extent practicable; 2. Protect water quality; and 3. Satisfy the appropriate requirements of the Clean Water Act. This SWMP contains the actions to be taken to effectively develop and implement the six (6) required Phase it measures within Montreat and effectively fulfill the above stated program goals. Included in this SWMP Plan are the Stormwater Control Measures (SCMs) that will be used to fulfill program requirements, frequency of each SCM, measurable program goals, implementation schedule, and responsible positions. Appendix A provides a summary of all these SCMs. Staff of the Town of Montreat under the direction of the Town Administrator is responsible for the fulfillment of all activities discussed in this SWMP. The development and implementation of this SWMP will be completed within five (5) years from the effective date of the issued NPDES Permit. Section 7.1 Public Education and Outreach on Storm Water Impacts The Town of Montreat has developed and implemented a public education program to distribute educational materials to the community and conduct outreach activities focused on the impacts of storm,water discharges on waterbodies and the steps that the public can take to reduce these impacts and protect water quality conditions. The following Sections explain the SCMs implemented to meet these requirements, audience and pollution sources that will be targeted, outreach strategy, decision process and measures of success. Target Pollutants Sedimentation continues to be our primary target pollutant source and the reason our program directs educational resources to our local development community. We have also developed materials that teach residents to be aware of run-off pollutants from yards and streets and the importance of keeping drains and ditches free of debris. Lawn care activities, illicit connections, improper disposal and poor housekeeping are pollution sources targeted for addressing as part of the public education program in Montreat. Page 11 SWU-269-103102 NPDES RPE Stormwater Permit Application SCM Summary Table for the Public Education and Outreach Program # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4* - YR 5 Responsible Position 1. Implement Provide to the public an annual X X X X X Code Education stormwater report that targets a Administrator and specific storm water problem and Outreach actions that can be taken to reduce Program water quality impacts. Town Distribute regional and local pollution X X X X X Administrator prevention brochures and educational and Code materials at special events and in the Administrator town services building. Maintain stormwater informational X X X X X Code web page on the Town of Montreat Administrator website. Advertise LID Workshops for X X X X X Code Builders/Developers in conjunction Administrator with the Town's regional partners. Advertise Clear Water Contractors X X X X X Code Certification Course in conjunction Administrator with the Town's regional partners. Stencil or label new storm drains to X X X X X Public Works prevent illicit discharge Director Page 12 SWU-264-103102 1 NPDES RPE Stormwater Permit Application ' Target Audience ' The target audiences for the public education program include those entities within Montreat that will have significant positive and/or negative impacts on water quality conditions. The audiences selected are listed below along with an explanation as to why they are being r targeted for educational outreach. General Public: The general public has been selected as a target for the educational program ' due to the significant negative impacts they can have on water quality conditions including dumping oil and other wastes into storm drains, improper disposal of household hazardous wastes, improper disposal of yard wastes along creek banks and improper application of tpesticides and herbicides on lawns. The general public has also been targeted due to the significant positive impacts they can have on water quality including reporting pollution problems observed in streams. The general public has also been targeted due to their potential to provide significant volunteer hours for improving/protecting water quality through participation in the stream clean-ups, landcare initiatives and storm drain marker programs. Developers: Developers have been targeted due to their potential to cause negative impacts to water quality from activities such as improper handling of waste and poor housekeeping measures as it relates to construction sites and sedimentation control. Institutional: Institutional facilities have been targeted due to their potential to cause negative ' impacts to water quality from activities such as improper handling of waste, illicit discharges and poor housekeeping measures. Some specific institutional facilities that have been targeted include: Montreat College and the Montreat Conference Center. Our target audience ' consists of the large non-profit entities based in Montreat, homeowners, and the development community. ' Outreach and Decision -Making Methodology 1 The Town participated in a regional work group convened by Land -of -Sky Regional Council to develop Public Service Announcements, brochures, and website information. Locally, we provide this information to the public and the development community through the Town's Inspection Department and on our Town website. The outreach strategy will include the following mechanisms: ' Printed Brochures: This outreach mechanism will be used to target specific pollution sources associated with the general public, institutional facilities and developers. Brochures will be distributed during responses to citizen requests for service, inspections and at event displays. t Brochures will also be developed to increase public involvement in water quality volunteer initiatives such as the annual stream clean-ups, landcare initiatives and storm drain marker programs as well as to increase public reporting of pollution problems. This information will be ' distributed at event displays and when responding to citizen requests for service. Page 13 SWU-264-143142 NPDES RPE Stormwater Permit Application Newspaper Ads: As funding is made available to our regional partners, newspaper ads will be run in cooperation with LOSRC during the Spring and Fall of each calendar year to target a variety of water quality issues associated with the general public including proper lawn care practices, proper disposal of household hazardous wastes and proper disposal of used oil and other waste automotive products. The ads will also be used to encourage the reporting of illicit connections, improper disposal and general water quality problems as well as to increase involvement in volunteer activities. The ads will also be used to inform the general public that they are not to be used for the disposal of waste products. Media: As funding is made available to our regional partners, radio and television ads will be run in conjunction with the regional stormwater initiative established by Land -of -Sky Regional Council to target the general public, focusing primarily on the actions that citizens may take to prevent negative water quality impacts. Participation in volunteer programs will also be emphasized as part of this media campaign. Web Page: A web page, developed during the first year of the permit, is directed at all the target audiences including the general public and institutional entities. Specific information is provided on these web pages directed at the pollution sources. Educational Presentations: Educational presentations will continue to be given annually targeted at the general public. These presentations will focus on the efforts necessary to protect water quality and the promotion of volunteer activities and will be scheduled around the summer conference season. Staff Experience: Our Town Building Inspector continues to receive re -certification training as a Stormwater BMP Reviewer and conducting Stormwater BMP Inspection and Maintenance, and provides relevant instructional resources to the public and consultation with developers upon request. Demonstration Sites: The Town has considered plans for additional demonstration sites to provide an example of integrated stormwater management for infrastructure development. Due to budgetary constraints and no current funding mechanism in place to explore these activities, this phase of our program is on hold. Evaluation The measurable goals for each SCM are listed in the Table above. Other measures of success for the public education program include the following: 1. Number of Citizen Requests for Service Received 2. Number of Water Quality Presentations Conducted 3. Number of Website Inquiries 4. Number of Promotional Material Distributed Page 14 5WU-264-103102 NPDES RPE Stormwater Permit Application Section 7.2 Public Involvement and Participation 1 Montreat has developed and implemented a Public Involvement and Participation Program to provide opportunities for the public to participate in Phase Il program development and implementation. 1 SCM Summary Table for the Public Involvement and Participation # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 2 Involve the Public in Annual presentations are made X X X X X Code all program, permit to the Governing Board at a Administrator and regulatory public meeting concerning the development progress of the Phase it program. As needed, additional public meetings will be held to receive comments/input on. all proposed changes to the Stormwater Plan. Maintain Storm Drain Marker X X X X X Public Works Program Director Conduct annual stream clean-up X X X X X Public Works event Director Review and or revise X X X X X Code Stormwater Ordinance as part of Administrator the Land Use Code updates by Planning and Zoning Commission and Town Council Page 15 5WU-264-103102 NPDES RPE Stormwater Permit Application Public Involvement The Town of Montreat encourages public participation in development of all land -use regulations. Our target audience for public participation is the Town Planning and Zoning Commission, Town Council, Montreat Conference Center, Montreat College, as well as the general public. To adopt the Phase II Ordinance, the Town appointed the Planning and Zoning Commission as the Stormwater Advisory Group which assisted in drafting local regulations based on a model ordinance provided by the Institute of Government. The Town Administrator and chairman of the advisory group attended regional Stormwater Work Group meetings which included representation from local developers, NCDWQ staff, a local environmental planning firm, and regional municipal staff and citizen volunteers. As needed, this advisory committee will be re -convened and coordinate efforts with community stakeholders should our ordinance need to be updated or improved. Volunteer Organizations In addition to Town Committees and public process, Town staff works with local volunteer groups including Montreat College, Warren Wilson College, Montreat Landcare and Buncombe County Emergency Management, on stream and river clean-ups. The Town will continue to involve the public in both our governmental procedures and in supporting and promoting volunteer opportunities. Community Partnerships Recently, the Town attended stakeholder meetings to participate in development of the Upper Swannanoa River Watershed Management Plan. Staff worked with the Town of Black Mountain Planning Department, Warren Wilson College, NCDENRIDWR, Riverlink, Land of Sky Regional Council, Equinox Environmental and local residents. The goal was to discuss local watershed needs, prioritize specific destressed or at -risk areas and explore mitigation approaches to protect our valuable water resources. We continue to explore opportunities to partner with other local organizations in order to maximize the efficient use of every asset available. Measurable Goals The decision process for this SCM was based on the requirements of the Phase II program, the existing conditions in Montreat and our best judgment on the most effective method to achieve these goals. In the past 5 years of this program, we have been successful in meeting all public involvement requirements through the passage of the Phase II rules and in working with multiple volunteer groups and organizations. Other measures of success for the public involvement and participation include the following: 1. Number of Volunteer Hours 2. Number of Tons of Trash Removed 3. Number of Miles of Streams Cleaned 4. Number of Storm Drains Stenciled Page 16 SWU-264-103102 NPDES RPE Stormwater Permit Application Section 7.3 Illicit Discharge Detection and Elimination Montreat has developed, implemented and enforced a program to detect and eliminate illicit discharges. The following Sections explain the SCMs implemented to meet this requirement. SCM Summary Table for Illicit Discharge Detection and Elimination # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 3 Implement and Maintain a map of outfall locations of X X X X X Code Admin. enforce plan to the MS4 system into local receiving and Public detect and streams Works Director eliminate Illicit Discharges Enforce illicit discharge rules as part X X X X X Code of the adopted Phase II Stormwater Administrator Ordinance Code Admin. Inspect the MS4 periodically for illicit X X X X X and Public discharges. Works Director Investigate complaints of illicit X X X X X Code Admin. discharges by the Public Works and Public Department and Code Administrator. Works Director Administer Town Comprehensive Stormwater Management Plan X X X X X Code Administrator Provide employees cross -training for detecting and reporting elicit X X X X X Code discharges Administrator Continue implementing a public outreach program and public X X X X X Code reporting mechanism Administrator System Map With the help of Montreat College, the Town produced a map in 2005 of inlets and outfalls. This information is updated annually as part of a developing Town Comprehensive Stormwater Management Plan (CSMP). We are currently in the process of reformatting this data for incorporation within our GIS mapping software for the Town. Information indicating necessary changes or modifications is collected during routine inspection and maintenance of the Town stormwater sewer system through the Public Works Department, and any proposed additions are subject to review and approval by the Town. 1 ' Page 17 SWU-264-103102 NPDES RPE Stormwater Permit Application Stormwater Management Ordinance The Town of Montreat adopted the Stormwater Management Ordinance in 2005 and revised the ordinance in 2009. The Ordinance found in Appendix B states that no person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other than stormwater, provided that non-stormwater discharges associated with certain activities are allowed, provided that they do not significantly impact water quality. The Ordinance goes on to detail procedural guidelines for identifying illicit discharges and clearly outlines prohibited practices resulting in negative water quality impacts. Enforcement Town employees, especially those working in the Public Works Department and Inspections/Code Administration Department receive training on the hazards of illicit stormwater discharges and improper disposal of waste. The Code Administrator has completed coursework in stormwater SCM inspection and maintenance offered as programs developed through joint efforts by NCSU-BAE and NC Cooperative Extension. Our public education program makes information about illicit discharges available to Montreat Conference Center staff and attendees, Montreat College faculty and students, and the general public. The Inspections Department coordinates efforts with the Public Works Department to quickly identify alleged illicit discharges and investigate the source within twenty-four hours of alert, with the Stormwater Management Ordinance providing detailed guidance for enforcement procedures. These procedures also include guidelines on when a notice of violation is to be issued and on the assessment of penalties. Detection and Elimination An effective illicit discharge detection and elimination plan is essential to the success of the program. Initially, the Town of Montreat searched for illicit discharges as we created the outfall map. By the second year of our program we had our ordinance in place, staff assigned to investigate discharges and trained employees in our Public Works department to be vigilant for illicit discharges as they carry out maintenance activities for our streets and drainage facilities. When an alleged illicit discharge is detected, Town staff follows the substance back to its source using visual and olfactory evidence as indicators. If necessary, the Town will use dye to help establish the path of the discharge. Since Plan implementation, a number of alleged illicit discharges have been investigated — with all but one determined to be problems associated with malfunctioning sewer lines, and the Metropolitan Sewerage District (MSD) of Buncombe County was immediately notified to rectify the situation(s); consequently, MSD has been consistently improving their system within the Town, eliminating "dead ends" and significantly reducing the volume of these nuisance discharge events each year. The isolated non -sewer incident was determined to be discharge of potable water from a public water supply source associated with a swimming pool back -flush system. No verifiable illicit discharges have been identified since implementation of our Program. Page 18 SWU-264-103102 NPDES RPE Stormwater Permit Application Locating Priority Areas Staff detection, public reporting and water quality monitoring data (performed by Montreat College and Warren Wilson College) will be used as methods for identifying areas that have a higher likelihood of illicit discharges. Data compiled showing inspections conducted, spills responded to, sewer leaks detected, notices of violation issued and service requests received also identify priority areas for increased follow up activities by the Code Administrator. For example, an area may be identified where several sewer leaks have been detected over a short period of time. Increased follow up activities with the Metropolitan Sewerage District would be assigned in this area to identify the causes of these leaks and initiate the measures necessary to prevent recurrence. Procedures for Tracing the Source of an Illicit Discharge Once a priority area is identified, standardized follow up activities will be performed to identify and eliminate all illicit discharges. This will include a careful inspection of streams and other surface waters for impacts from pollutants. All dry weather flows will be identified and observations will be made regarding the physical appearance of the stream. Field monitoring equipment and laboratory samples will be used as necessary. Water quality problems will be identified and traced upstream until sources are located. Procedures for Removing the Source of the Illicit Discharge Once the source of a pollution problem is detected, the party responsible for the discharge will ' be immediately identified and a verbal and/or written notice issued for violation of the applicable section of the Stormwater Management Ordinance. Immediate discontinuation of the discharge will be required by the notice and follow up activities will be conducted to ensure ' compliance. All activities will be documented on a report form maintained by the Code Administrator. IProcedures for Evaluation of the Plan to Detect and Eliminate Illicit Discharges ' Data compiled showing inspections conducted, spills responded to, sewer leaks detected, notices of violation issued and service requests received will be used as measures to evaluate the effectiveness of the above described plan to detect and eliminate illicit discharges. If the plan is effective, the number of pollution problems should be reduced over time. These measures will be tracked and evaluated annually to determine the overall effectiveness of the ' plan. If proven ineffective, the plan will be re-evaluated and changed as necessary. ' Page 19 sWU-264-103102 NPDES RPE Stormwater Permit Application Incidental Non-Stormwater Discharges The following incidental non-stormwater discharges associated with the following activities are not considered as significant contributors of pollutants and will not be regulated by the Stormwater Management Ordinance: • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising ground waters; • Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; Discharges from potable water sources; • Foundation drains; Air conditioning condensation (commercial/residential); Irrigation waters; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; • Street wash water; • Flow from fire fighting activities; and • Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town. Non-Stormwater Discharges All non-stormwater discharges not listed above are considered significant contributors of pollutants and are prohibited by the Stormwater Management Ordinance unless they are permitted as an allowable discharge under a State issued permit. Outreach Montreat has developed and implemented a public outreach program to inform public employees, institutions and the general public of illicit discharges and improper waste disposal and how they threaten the environment. Cross training of municipal employees also includes techniques for detecting illicit discharges. This outreach campaign includes instructions regarding the proper method for reporting illegal discharges to Montreat. Regional public service announcements as well as handouts and brochures are the primary outreach mechanisms. Handouts and brochures have been developed are distributed during special Page 20 SWU-264-103102 1 NPDES RPE Stormwater Permit Application ' events, when responding to citizen requests for service and in the Inspections Department. This public outreach campaign is conducted by the Code Administrator and is included as a component of the Public Education and Outreach Program described in Section 7.1. ' Employees in other municipal operations are informed of the threat to the environment from illicit discharges as well as the requirements of the Stormwater Management Ordinance through the use of brochures and/or training. This training informs employees of the measures ' necessary to prevent negative impacts to surface water resources. Comprehensive Stormwater Management Plan (CSMP) ' The Comprehensive Stormwater Management Plan (CSMP) mandates maintenance of the outfall map and provides guidance in identifying locations with higher probability of evincing ' illicit discharges. Town staff researched and proposed developing a stormwater utility that - as part of the CSMP - will provide additional revenue to fund stormwater infrastructure improvements; enable "green" retrofits to existing system features and development of more structural SCM demonstration sites; and ensure funding for increased oversight, improved monitoring techniques and maintenance of town -wide stormwater infrastructure. The Town Governing Board has chosen, to date, not to fund development of a utility. In addition to many ' other functions, the CSMP is the tool used to identify specific projects that will be implemented through annual budgeting in the Capital Improvement Plan and pursuit of grant funding. Contrasting future response efforts with the current level of effective response to alleged illicit ' discharges will provide clear performance indicators for evaluating procedural and system effectiveness. ' Evaluation The overall success of the Illicit Discharge Detection and Elimination Program is being measured through improvements in water quality conditions. The success of the individual measurable goals established for each of the SCMs associated with the program follows: Complete Storm Sewer Maps: The initial mapping process was completed in 2005. The measurable goal associated with this SCM is the completion of an effective GIS-based digital map that clearly illustrates the locations of inlets, outlets and receiving streams with the Town. ' As funding is made available, we plan to complete the digital mapping project before the next permit renewal cycle. ' Develop and Enforce a Stormwater Management Ordinance: The measurable goal associated with this SCM was successfully fulfilled in 2009 with the development, adoption and successful implementation of the Ordinance. Enforcement of this ordinance is ongoing. ' Employee Cross -training: Each public works employee, the town administrator and code g p ' administrator attended regional training on illicit discharge detection and elimination as well as good housekeeping practices. This training will continue to be required for new employees in these departments. ' Develop and Implement a Public Outreach Program: The completion of the regional public service announcements, newsletter articles, handouts, brochures and newspaper ads was ' initiated in 2005 and 2006. These ads contain information to heighten public awareness of local water quality concerns and include instructions for property reporting illegal discharges to the Town. ' Page 21 SWU-264-143142 NPDES RPE Stormwater Permit Application Section 7.4 Construction Site Stormwater Runoff Control SCM Summary Table for Construction Site Stormwater Runoff Control #. SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 4 Enforcement of Coordinate local X X X X X Code County Erosion complaints and building Administrator and Sediment permits with the Buncombe Control Program County Erosion and Sediment Control Program staff. The Town has adopted Buncombe County's Sedimentation and Erosion Control Ordinance that regulates development projects of one acre or more, and coordinates with the county on permitting, inspections and enforcement (see Appendix C). Initial plan review by the Town Inspections Department determines which projects will be coordinated with Buncombe County for permitting, inspections and additional oversight. Section 7.5 Post -Construction Storm Water Management in New Development and Redevelopment SCM Summary Table for Post -Construction Stormwater Management in New Development and Redevelopment # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR. 5 Responsible Position 5 Enforce a Post Enforce the model Post Construction X X X X X Code — Construction Stormwater Discharge Ordinance that Administrator Stormwater meets the requirements contained at Discharge section 15A NCAC 2H.0126(10), Post Ordinance Construction Stormwater Management. Require deed restrictions and protective X X X X X Code covenants to maintain the facilities and Administrator restrictions. Enforce a 30 foot separation between X X X X X Code built -upon areas and surface waters. Administrator Limit slope construction and encourage X X X X X Code LID and conservation design.. Administrator Encourage Green Infrastructure X X X X X Code Practices Administrator Page 22 SWU-264-103102 NPDES RPE Stormwater Permit Application Stormwater Management Ordinance The Town has adopted a local Stormwater Management Ordinance (see Appendix B) that ' regulates development and redevelopment projects with as little as 5,000 SF disturbed area, 24% total lot area developed to include impervious cover, or the addition of 2,500 SF impervious cover. This ordinance imposes more rigorous review and permitting requirements ' than were enforced under Buncombe County's Stormwater Ordinance previously in effect. The intent of our current ordinance is to regulate post -construction water quality and quantity such that it mimics pre -construction values, and encourages the use of SCM's in the planning ' phase so that the negative impacts to water quality are minimized to the greatest extent feasible. ' Operation and Maintenance Agreement ' In General - Prior to the conveyance or transfer of any lot or building site to be served by a structural SCM, the applicant or owner of the site must execute an operation and maintenance agreement that is binding on all subsequent owners of the site, portions of the site, and lots or ' parcels served by the structural SCM. Until the transference of all property, sites, or lots served by the structural SCM, the original owner or applicant will have primary responsibility for carrying out the provisions of the maintenance agreement. Performance Security - The Town 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 structural SCMs 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. This requirement may be instituted in addition to and in conjunction with other performance security or bond requirements the Town may require in conjunction with a subdivision or development plan. The amount of a maintenance performance security is determined based on the type of SCM and a projected annual maintenance cost as recorded in the maintenance agreement. ' Deed Recordation and Indications on Plat - The applicable operations and maintenance agreement, including but not limited to conservation easement, or dedication and acceptance into public maintenance, pertaining to every structural SCM will be referenced on the final plat and 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, or conservation easement, or dedication and acceptance into public maintenance, [whichever is applicable] will 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. Records of Installation and Maintenance Activities - The owner of each structural SCM is to ' keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and submit the same upon reasonable request to the Stormwater ' Administrator. Every structural SCM installed must be made accessible for adequate maintenance and repair in accordance with the maintenance agreement, including, but not Page 23 SWU-264-103102 NPDES RPE Stormwater Permit Application limited to a maintenance easement. If a maintenance easement is provided then it will be recorded and its terms will specify who may make use of the easement and for what purposes. Site Plan Requirements and Review All permitted projects require site plan review. The stormwater permit application is required to describe in detail how post -development stormwater run-off will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of the ordinance. The following information is required as part of the submittal: Existing Conditions 1 Proposed Site Plans - Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. Natural Resources Inventory - A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. Stormwater Management System Plan - A -written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; low impact design elements, location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplainlfloodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Additional targeted impacts to water quality include: Fecal Coliform - The Town Building inspector coordinates with the Buncombe County Health Department to track scheduled maintenance and inspection of the few, privately -owned existing on -site wastewater treatment facilities. Recently adopted town policy prohibits installation of any new, privately -owned on -site waste treatment facilities and requires connection to the public sanitary sewer system administered by the Metropolitan Sewerage District of Buncombe County. Trout Jr) Waters and Other Streams - In addition to standards for stormwater handling set out in the design manual, larger development and redevelopment projects that drain in whole or part to class TR waters must design and implement the best stormwater practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of the ordinance. Smaller qualified projects that are determined to create a Page 24 SWU-264-103102 NPDES RPE Stormwater Permit Application potential negative impact to class TR waters due to design, type of improvement, or other relevant factors, are also be required to comply with this standard. The Town has no designated nutrient -sensitive waters receiving drainage/discharge that have been identified. General requirements with the Ordinance limit built -upon areas from encroaching within thirty (30) feet landward of all identified perennial and intermittent streams. SCMs Related to Area -Based Requirements Larger Development Projects - All stormwater management plans relating to subdivisions or development or redevelopment plans on lots equal to or greater than one acre, or on lots less than an acre with at least 10,000 square feet disturbed area, or which are part of a larger common plan of development or sale, including a subdivision, Planned Unit Development, or other Special Use must be prepared by a qualified registered North Carolina professional engineer, environmental scientist or landscape architect, and the consulting professional can perform services only in their area of competence. The Stormwater Administrator will determine if the consulting professional may verify that the design of all stormwater management facilities and practices meets submittal requirements for complete applications, and that the designs and plans are sufficient to comply with this ordinance. For larger development projects, the designer of the stormwater management measures and plans must 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 the ordinance. A final inspection and approval by the Stormwater Administrator must occur before the release of any performance securities or a Certificate of Occupancy is issued. ' Smaller Projects - Stormwater management plans relating to development or qualifying redevelopment on lots less than 10,000 square feet disturbed area in size must meet the minimum permit application requirements of Section 304. 1-3 of the Ordinance (see Appendix ' B), and applicants must provide designs demonstrating adequate stormwater management measures selected from a list of approved SCM's as follows: • Diffuse or Directed Flow Designs • Rain Gardens ' Backyard Wetland • Stormwater Collection (Cistern) and Reuse Systems • Vegetated Swales ' Impervious Removal • Permeable Pavement* ' *Due to the higher clay content and low permeability of many soils in our region, permeable pavement's usefulness is limited to detention as a stormwater management tool in Western North Carolina. 1 As -Built Plans and Final Approval - Upon completion of a project, and before a certificate of occupancy is granted, the applicant must certify that the completed project is in accordance with the approved stormwater management plans and designs, and submits actual "as built" plans for all stormwater management facilities or practices after final construction is completed. Page 25 5WU-264-103102 NPDES RPE Stormwater Permit Application The plans must 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. Enforcement Inspections and inspection programs by the Town 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 SCMs; and evaluating the condition of SCMs. No person may obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. Natural Resource and Open Space Protection Several years ago, the Montreat Conference Center placed approximately 2,500 acres surrounding the Town into a conservation easement that will permanently protect this area from future development. The easement will protect critical habitats that aid in protecting and improving water quality by increasing infiltration and groundwater recharge, preventing erosion and contamination of ground water resources and protecting sources of drinking water. In the 1980's, the Conference Center in conjunction with the Town agreed to preserve areas around certain streams, parks and trails through the Greenspace Agreement. The conservation area along with the designated Greenspace areas protects an estimated sixty percent (60%) of developable property in Montreat. In 2007, the Town adopted the Open Space Conservation Plan. The primary focus of the Open Space Conservation Plan is to enhance the Town's ability to protect lands with high natural resource value. Specific goals of the plan are found in Part III. Green Infrastructure Practices "Green" Street Standards - As referenced earlier, the Town of Montreat has adopted guidelines for integrated stormwater management and structural SCMs in its Street Standards Ordinance as an additional method of directing increased use of these measures in Town infrastructure. Provisions are in place that allows reduced street travel way width when stormwater features are incorporated such as pervious shoulder materials. Conservation Subdivision design and requirements detailed in our Hillside Development Ordinance further directs future development with strong consideration given to pre -development evaluation of natural site drainage and planning practices that minimize introduction of impervious cover and site disturbance. The collective impact of these adopted codes is in keeping with guidance outlined in the Comprehensive Plan for Montreat and Low Impact Development practices encouraged by the Town. Page 26 SWU-264-103102 NPDES RPE Stormwater Permit Application Section 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations The Town of Montreat will develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of reducing pollutant runoff from municipal operations. Training materials developed through the EPA, the State of North Carolina or regionally will be used to develop this training program. SCM Summary Table for Pollution Prevention/Good Housekeeping for Municipal Operations # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 6 Implement a Municipal Develop and adopt a X X X X X Department Operations Municipal Operations Heads and Stormwater Protection Stormwater Protection Town Program that specifies Program. Administrator Town operations to minimize Stormwater Train employees to prevent X X X X X Department pollution. and reduce Stormwater Heads pollution. Conduct inspections of X X X X X Public Works Municipal operations Director Carry out good- X X X X X Department housekeeping policies for Heads stormwater pollution prevention and reduce pollutant run-off, particularly sediment, from municipal sites. Affected Operations This pollution prevention/good housekeeping program affects all municipal operations generally, and adds responsibilities to the specific departments that maintain municipal vehicles, properties and streets including the Police Department, Water Department, Street Department and Sanitation Department. The Town of Montreat does not own or operate transportation or transit services, a wastewater treatment plant, landfill, mining operation, an airport or marina. The Town of Montreat does not currently possess any general or industrial NPDES Permits. Page 27 5WU-264-103102 NPDES RPE Stormwater Permit Application Training The Town of Montreat staff is trained in maintenance activities which will inform employees of the actions necessary to reduce the discharge of pollutants from their facilities and protect water quality. Additionally, the Town provides opportunities for continued training of staff as training opportunities arise. The Code Administrator has received training provided by NC State University in stormwater SCM design, inspection and maintenance as well as training in certification as an LID professional. All public works employees have received regional training for illicit discharge detection and good housekeeping practices through the Land -of - Sky Regional Council. Maintenance, Inspections and Vehicular Operations The Town regularly maintains streets and other facilities within the MS4 through regularly scheduled maintenance as part of Montreat's Municipal Operations Stormwater Protection program. In addition, the Public Works Director is responsible for inspecting each facility annually which includes: assessment of facility operations and maintenance activities, - evaluation of waste disposal methods; evaluation of water quality conditions; review of spill response and clean up procedures; evaluation of housekeeping practices; evaluation of outdoor storage facilities; and completion of a written report documenting findings and listing corrective actions taken to minimize pollution sources and protect water quality to the maximum extent practicable. The Town of Montreat's fleet consists of emergency service (police) vehicles, maintenance trucks, and heavy duty trucks. Most vehicle maintenance services are provided by local motor vehicle service stations, mechanics and tire shops. The public works department does limited minor repairs and day to day maintenance on vehicles, but oil change, lubrication and comprehensive maintenance services are provided through local vendors. Waste Disposal The Town implements procedures for appropriate disposal of waste removal from the MS4 and maintains a contract with CWS, Inc. for transfer of waste collected within the Buncombe County Solid Waste Service. Other Evaluations, Decision Making Process and Outreach Through the Comprehensive Stormwater Management Plan, the Towns stormwater infrastructure is being evaluated and areas of improvement being identified for future funding The decision process for this SCM was based on the requirements of the Phase II program, the existing conditions in Montreat, and our best judgment on the most effective method to achieve these goals. Evaluation The Town evaluates training, staff and policy performance through annual staff evaluations. In addition the Town has pursued and will continue to pursue the evaluation measures listed in each of the previous section tables for our Phase Il Program. Other measures of success include the following: Number of employees trained; Number of Inspections Performed; Number of Corrective Actions Taken; and Number of Complaints Received. Page 28 SWU-26.1-103102 ELI October 13, 2016 TOWN OF MONTREAT P. 0. Box 423 Montreat, NC 28757 Tel: (828)669-8002 Fax: (828)669-3810 www.townofniontreat.or� State of North Carolina Department of Environment and Natural Resources Division of Water Quality RE: NPDES Stormwater Permit Application Duly Authorized Representative Designation Dear Sir or Madam: On October 13, 2016, the Montreat Board of Commissioners unanimously appointed David E. Currie as the Town's authorized representative to apply for the National Pollutant Discharge Elimination System (NPDES) permit. Mr. Currie ' serves as the Code Administrator/Building Inspector and has oversight and responsibility over stormwater matters. S' c ely, Tim Helms Mayor Town of Montreat — NCS000430 Stormwater Management Program Report November 1, 2016 Appendix A SCM Summary Table I SCM Summary Table for the Public Education and Outreach Program # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 1. Implement Provide to the public an annual X X X X X Code Education stormwater report that targets a Administrator and specific storm water problem and Outreach actions that can be taken to reduce Program water quality impacts. Town Distribute regional and local pollution X X X X X Administrator prevention brochures and educational and Code materials at special events and in the Administrator town services building. Maintain stormwater informational X X X X X Code web page on the Town of Montreat Administrator website. Advertise LID Workshops for X X X X X Code Builders/Developers in conjunction Administrator with the Town's regional partners. Advertise Clear Water Contractors X X X X X Code Certification Course in conjunction Administrator with the Town's regional partners. Stencil or label new storm drains to X X X X X Public Works prevent illicit discharge Director I SCM Summary Table for the Public Involvement and Participation 1 SCM r " Measurable Goals YR 1 YR':,. 2_ YR 3 YR 4 YR- _ 5 -Responsible. Position 2 Involve the Public in Annual presentations are made X X X X X Code all program, permit to the Governing Board at a Administrator and regulatory public meeting concerning the development progress of the Phase 11 program. As needed, additional public meetings will be held to receive comments/input on all proposed changes to the Stormwater Plan. Maintain Storm Drain Marker Public Works Program X X X X X Director Conduct annual stream clean-up X X X X X Public WorksDirector event Review and or revise Stormwater Ordinance as part of X X X X X Code the Land Use Code updates by Administrator Planning and Zoning Commission and Town Council ISCM Summary Table for Illicit Discharge Detection and Elimination # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 3 Implement and Maintain a map of outfall locations of X X X X X Code Admin. enforce plan to the MS4 system into local receiving and Public detect and streams Works Director eliminate Illicit Discharges Enforce illicit discharge rules as part of X X X X X Code the adopted Phase II Stormwater Administrator Ordinance Code Admin. Inspect the MS4 periodically for illicit X X X X X and Public discharges. Works Director Code Admin. Investigate complaints of illicit X X X X X and Public discharges by the Public Works Works Director Department and Code Administrator Administer Town Comprehensive X X X X X Code Stormwater Management Plan Administrator Provide employees cross -training for X X X X X Code detecting and reporting elicit discharges Administrator Continue implementing a public X X X X X Code outreach program and public reporting Administrator mechanism SCM Summary Table for Construction Site Stormwater Runoff Control ,# SCM x Measurable. Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 4 Enforcement of Coordinate local complaints and X X X X X Code County Erosion and building permits with the Administrator Sediment Control Buncombe County Erosion and Program Sediment Control Program staff. I SCM Summary Table for Post -Construction Stormwater Management in New ' Development and Redevelopment # 'SCM Measurable Goals YR 1 YR 2 YR 3 YR 4- YR 5 Responsible Position 5 Enforce a Post Enforce the model Post Construction X X X X X Code — Construction Stormwater Discharge Ordinance that Administrator Stormwater meets the requirements contained at Discharge section 15A NCAC 2H.0126(10), Post Construction Stormwater Management. Ordinance Require deed restrictions and X X X X X Code protective covenants to maintain the Administrator facilities and restrictions. Enforce a 30 foot separation between X X X X X Code built -upon areas and surface waters. Administrator Limit slope construction and encourage X X X X X Code LID and conservation design. Administrator Encourage Green Infrastructure X X X X X Code Practices Administrator SCM Summary Table for Pollution Prevention/Good Housekeeping for Municipal Operations # SCM Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position 6 Implement a Municipal Develop and adopt a Municipal X X X X X Department Operations Stormwater Operations Stormwater Heads and Protection Program that Protection Program. Town specifies Town Administrator operations to minimize stormwater pollution. Train employees to prevent and X X X X X Department reduce stormwater pollution. Heads Conduct inspections of X X X X X Public Works Municipal operations Director Carry out good -housekeeping policies for stormwater pollution X X X X X Department prevention and reduce pollutant Heads run-off, particularly sediment, from municipal sites. I I Town of Montreat — NCS000430 Stormwater Management Program Report November 1, 2016 Appendix B Town of Montreat Stormwater Management Ordinance MONTREAT CODE OF GENERAL ORDINANCES CHAPTER K - ENVIRONMENT ARTICLE III: STORMWATER MANAGEMENT (Revised 611112009); (Revised 211112010) 300. General Provisions Z. Purpose. The stormwater management regulations of this article shall protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of stormwater runoff associated with new development. Proper management of stormwater runoff will protect property, control stream channel erosion, prevent increased flooding associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the town's natural resources. 2. Scope. Except as otherwise expressly stated, the stormwater management regulations of this article apply to all development within Montreat and the unincorporated Buncombe County inside the extraterritorial jurisdiction of Montreat. Additional requirements regulating development on steeply -sloping sites (W%) are detailed in Montreat Code of General Ordinances, Chapter K—Environment, Article IV: Hillside Development. 3. Applicability and Exemptions.The stormwater management regulations of this article do not apply to any of the following development activities: a) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to humans, including but not limited to: • Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts. • Dairy animals and apiary products. • Poultry and poultry products. • Livestock, including beef cattle, sheep, swine, horses, ponies, mules and I goats. • Bees and dairy products. • Fur producing animals. b) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management practices as set out in Forest Practice Guidelines Relayed to Water Quality referenced as follows: http,:/Zwww.ncforestry,org/docs/Landowners/regulations/mgmt practices.htm c) Activities for which a permit is required under the mining act, G.S. 74-46 et. seq http://www.dlr.enr.state.nc.us/pages/miningprogram.html d) Any development in which the owner has accrued a vested right. For the purposes of this Chapter K only, a vested right is recognized if either (1) a preliminary plan has been approved by the Planning and Zoning Commission that meets the required specifications and standards of the Town of Montreat ordinances, Buncombe County ordinances, or (ii) a Land Disturbing Permit has been issued pursuant to the Buncombe County Soil Erosion and Sedimentation Control ordinance in effect on or before the effective date of this ordinance, and that such plan or permit remains unexpired. A party in interest to a particular plan found to have no vested right to construct or develop on or before the effective date of this ordinance may appeal to the Town of Montreat Board of Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has a vested right to construct or develop their site under plans submitted prior to the effective date of this ordinance. Redevelopment or expansion to uses included in the above categories are not subject to the stormwater requirements unless it qualifies by having disturbed area of 5,000 square feet or greater; at least 24% total lot area developed to include impervious cover; or addition of 2,500 square feet or more impervious surface, unless exempt pursuant to this ordinance. 301. Interpretations and Definitions 1. Meaning and Intent. If a different or more specific meaning is given for a term defined elsewhere in the Town of Montreat Code, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. 2. 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. 3_ 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 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. 4. References to Statutes, Regulations, and Documents. Whenever reference is made to a ' resolution, ordinance, statute, regulation, 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. 5. Word Usage. ' ay The term "Town" shall herein refer to the Town of Montreat. b) The term "Administrator" shall herein refer to the Stormwater Administrator of ' the Town of Montreat. c) The term "Department" shall herein refer to the NC Department of Environment ' and Natural Resources (NCDENR). d) The term "Division" shall herein refer to the NC Division of Water Quality (NCDWQ). ' e) "Design Manual' shall herein refer to the most current edition of the Stormwater Best Management Practice Manual approved by NCDWQ. ' Development projects, or qualified redevelopment projects, less than 10,000 square feet may use the Community Conservation Assistance Program (CCAP) Stormwater Best Management Practice Design Manual prepared by the ' Biological and Agricultural Engineering Department of NCSU approved by NCDENR. ' f) Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. ' 6. 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. ' Applicant: An owner or developer of a site who executes the Stormwater Permit Application pursuant to Town of Montreat Stormwater Ordinance. 1 Best Management Practices (BMP's):Best Management Practices (BMP's) are effective, practical, structural or nonstructural methods which prevent or reduce the movement of sediment, nutrients, pesticides and other pollutants from the land to surface or ground water, or which otherwise protect water quality from potential adverse effects of silvicultural activities. Built -upon Area(BUA): The portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Connection: Any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will in any way affect the operation or maintenance of the drainage ways. Conveyance: Any feature of the landscape or earth, manmade or natural that carries water in a concentrated flow. Detain: To store and slowly release stormwater runoff following precipitation by means of a surface depression or tank and an outlet structure. Develop: Conversion of land to new service or purpose so as to make use of its resources, or to use the land for residential or commercial purposes. Development: Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as redevelopment. Disturbed area: The portions of a development project that include graded areas disturbed so as to remove the natural cover in conjunction with development activities; both pervious and impervious surfaces installed and/or constructed including, but not limited to, buildings; concrete/asphalt pavement and gravel areas such as parking lots, patios, roads, and paths; lawns and artificially surfaced (e.g, recycled rubber mulch, crushed brick, etc.) areas; retention structures including, but not limited to, timber, stone and masonry walls; installation of septic/sewage systems, buried tanks or cisterns, etc. Drainage structures: Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed or used to convey stormwater. Impervious surface: Any surface that, in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but are not limited to, gravel, ' concrete, asphalt or other paving material, and all areas covered by the footprint of buildings or structures. ' Land disturbing activity: Any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, including road construction ' and maintenance, that results in a change in the natural cover or topography. ' Low Impact Development (LID): A term used in the United States to describe a land planning and engineering design approach to managing stormwater runoff. LID emphasizes conservation and use of on -site natural features to protect water quality. ' Municipal Separate Storm Sewer Systems (MS4s): An MS4 is a conveyance or system of conveyances that is: ' Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.; ' • Designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.); ' Not a combined sewer; and • Not part of a Publicly Owned Treatment Works (sewage treatment plant). National Pollutant Discharge Elimination System (NPDES): The U.S. Environmental Protection Agency (EPA) administers this stormwater permitting program that regulates stormwater ' discharges from three potential sources: municipal separate storm sewer systems (MS45), construction activities, and industrial activities. ' Non-structural methods: Non-structural BMPs are designed to limit the amount of pollutants available in the environment that would potentially end up in stormwater runoff. Non-structural BMPs can be achieved through such things as education, management and development practices. Examples include ordinances and practices associated with land use and comprehensive site planning. ' One-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or exceeded, on average, once in 12 months and with duration of 24- hours. I Redevelopment: Any new construction on a site with pre-existing uses involving either partial or full demolition of existing structures, establishing new use(s) with a corresponding increase in impervious or partially pervious surface, or which otherwise decreases the infiltration of precipitation into the soil. Retain: To capture and hold stormwater runoff following precipitation by means of surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream. Structural methods: Physical systems installed to control pollutants and subsequent transport in stormwater. Many structural BMPs are designs based on natural systems and rely upon vegetation and soil mechanisms in order to perform as intended, such as wet ponds, green roofs, and stormwater wetlands; other, more conventional engineered solutions include bioretention areas, dry detention, permeable pavement, sand filters, and underground detention. Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from rainfall events. Stream: A watercourse that collects surface runoff. Total Suspended Solids (TSS): A water quality indicator illustrating the particulates present in a water sample, typically expressed as weight per volume (milligrams per liter or mg/I). The value is calculated from dry -weight of particles trapped by a filter, typically of a specified pore size, in the volume of water filtered. It is listed as a conventional pollutant in the U.S. Clean Water Act. Velocity: The average rate of flow through the cross section of the main channel at the peak flow of the storm of interest. 302. Effective Date and Transitional Provisions This Ordinance shall take effect on February 11, 2010. All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Montreat, or for which conditional use permits have been issued, prior to the effective date of this ordinance shall be exempt from complying with provisions of this ordinance dealing with the control and/or management of post -construction runoff, but shall be required to comply with all other applicable provisions. ' 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. 303. Administration and Procedures. ' 1. Administration of this Ordinance. All questions arising in connection with this Ordinance shall be presented first to the Stormwater Administrator who shall be responsible for the day-to-day administration of this Ordinance. The Board of Adjustment shall have the authority to rule on matters of interpretation of this Ordinance and consider appeals from the decisions of the Stormwater Administrator. Any appeal from a decision of the Board of Adjustment shall be to the courts as provided by law. Where the regulations of this ordinance are more restrictive or impose higher standards or requirements than other environmental or land use codes for the Town of Montreat, then the requirements of this ordinance ' shall govern. 2. Stormwater Administrator. The Codes Administrator shall serve as the ' Stormwater Administrator by designation of the Board of Commissioners. 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 Planning and Zoning Commission and/or Zoning Board of Adjustment on ' applications for development or redevelopment approvals; d) To enforce the provisions of this ordinance in accordance with its ' enforcement provisions; e) To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this ordinance; ' f) To provide expertise and technical assistance upon request; g) To take any other action necessary to administer the provisions of this ordinance. I 3. Review and Appeals Procedure. a) A Stormwater Control Permit is required for all development and qualified I redevelopment on lots with: • Disturbed area of 5,000 square feet or greater; or • At least 24% total lot area developed to include impervious cover; • Or addition of 2,500 square feet or more impervious surface, unless exempt pursuant to this ordinance. A building permit shall not be issued for any development project until the required Stormwater Control Permit has been issued. b) Two (2) copies of the completed stormwater plan submittal shall be submitted to the Stormwater Administrator for review. c) A site plan which includes orientation referencing north meridian; scale of drawing; boundaries and acreage of the parcel; adjacent streets and any easements; existing and/or proposed structures including setbacks; structure dimensions and separation distance(s); contour interval; existing and proposed contours; and clear graphic indication of any proposed alterations, additions, or details showing location of any systems of stormwater control, retention and treatment. 4. Application and permit review fees shall be established by the Montreat Board of Commissioners, and may amend and update fees and policies when needed. Current application fees are posted in the fee schedule for town services. Development projects less than 10,000 SF disturbed area, which are not part of a larger plan and meet the criteria detailed in 3(a) above, are eligible for reduced stormwater fees contingent upon extent of BMP's utilized. The Administrator shall grant a fifty - percent (50%) reduction in permit fees if it is determined project stormwater measures achieve greatest practicable treatment of post -construction runoff. LEED, Green Globe, NC Healthy Built Home, Clear Water Contractor, and other programs/certifications recognized at the national or state level to be consistent with LID project goals shall receive consideration as positively impacting overall stormwater treatment. Reduced building permit fees may also be granted by the Building Inspector for "Green" building practices/materials used, and will supplement any fee reductions granted under this ordinance. 5. Plan review fees shall be double posted amount when land disturbing activity begins before a required Stormwater Control Permit is issued by the Town. 6. The Administrator shall review the submittal for completeness and for compliance with the requirements of this ordinance. An incomplete or nonconforming permit application will be returned to the applicant within two business days with an explanation of issues requiring resolution before plan review can be initiated. 7. Within thirty (30) days of receipt of complete application for development approval, the Administrator shall take action on the plan. 8. Approval, approval with modifications, or denial of the proposed stormwater control measures shall be in writing. In the case of denial, the reasons for denial shall be clearly stated. The applicant may appeal the decision of the Administrator to the Board of Adjustment. In the event a Stop Work Order has been issued for any violation of this ordinance, the party seeking to challenge the Order may request a special meeting of the Board of Adjustment to ensure a timely resolution of the matter. 9. Upon appeal, the Montreat Board of Adjustment will conduct a hearing in the nature of a quasi-judicial proceeding with all findings of fact supported by material evidence. 10. Decisions appealing the final decision by the Board of Adjustment may be filed in Buncombe County Superior Court, to be reviewed by proceedings in the nature of certiorari, within thirty (30) days of the final decision of the Board of Adjustment. 11. The Administrator shall take action on revisions to a stormwater control application which has been previously denied, within fifteen (15) days of receipt of the revised plan application for approval. 12. If a revised application is not re -submitted within sixty (60) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee and pursuant to the then current standards. 13. Application for an amendment to an approved Stormwater Control Plan in written and graphic form may be made at any time. Until such time as an amendment is approved by the Administrator, it shall be unlawful to deviate from the approved plan. 14. A Stormwater Control Permit shall become null and void if the applicant has failed to make substantial progress within the prescribed timeframe as defined it this ordinance. The Administrator may grant a single, one -month extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. 304. Permit Application and Plans. The stormwater permit application shall describe in detail how post -development stormwater run-off will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this ordinance. The following information should also be included in the submittal: 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 (when available); boundaries of existing predominant vegetation and 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 the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 3. Stormwater Management System Plan. A written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of flood plain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. 1 4. Area -Based Requirements. a) Larger Development Projects:All stormwater management plans relating to subdivisions or development or redevelopment plans on lots equal to or greater than one acre, or on lots less than an acre with at least 10,000 square feet disturbed area, or which are part of a larger common plan of development or sale, including a subdivision, Planned Unit Development, ' or other Special Use shall be prepared by a qualified registered North Carolina professional engineer, environmental scientist or landscape architect, and the consulting professional shall perform services only in ' their area of competence. The Administrator shall determine if the consulting professional may verify that the design of all stormwater management facilities and practices meets submittal requirements for ' complete applications, and that the designs and plans are sufficient to comply with this ordinance. ' b) Smaller Projects: Stormwater management plans relating to development or qualifying redevelopment on lots less than 10,000 square feet disturbed area in size shall meet the minimum permit ' application requirements of Section 304. 1-3, and applicants shall provide designs demonstrating adequate stormwater management measures selected from a list of approved BMP's as follows: ' • Diffuse or Directed Flow Designs ' • Rain Gardens • Backyard Wetland t• Stormwater Collection (Cistern) and Reuse Systems • Vegetated Swales ' Impervious Removal • Permeable Pavement* *Due to the higher clay content and low permeability of many soils in our region, permeable pavement's usefulness is limited to detention as a stormwater management tool in Western North Carolina. Detailed information regarding the design, installation and maintenance of the stormwater ' management BMP's listed above are contained in the CCAP Stormwater Best Management Practice Design Manual prepared by Biological and Agricultural Engineering Department of NCSU; and published in cooperation with NCDENR. A copy of the manual is retained at the Town Zoning and Inspections Department, or available at the following website: Ihttp://www.bae.ncsu.edu/stormwater/PublicationFiles/DSWC.Ma_nual.2007.pdf 5. As -Built Plans and Final Approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. For larger development projects referenced in Section 304. 4 Area -Based Requirements), 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 or a Certificate of Occupancy is issued. Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. 305. General Standards. Until such time as a comprehensive watershed management plan for the Swannanoa Basin is developed, the following guidelines apply. 1. All built -upon area shall be at a minimum of 30 feet landward on all sides of any surface water as measured horizontally on a line perpendicular to a vertical line marking the edge of the top of the bank. A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3) (a) or similar site -specific determination made using Division of Water Quality -approved methodology. 2. All other projects which are not exempt from this ordinance must submit a stormwater management plan in order to receive a permit. I 3. 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, or designated space on approved preliminary plat or master plan to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 4. When a Stormwater BMP or management system is established under the control of a neighborhood association or other private entity, the developer shall develop and provide an operations and maintenance manual on the BMP to the entity as well as to the Town of Montreat Zoning and Inspections Department for future reference. 5. All development and qualifying redevelopment projects which cumulatively disturb at least 10,000 square feet or which are a part of a larger plan shall implement stormwater control measures that comply with the following standards: a) Project sites must employ Low Impact Development (LID) practices to analyze the infiltration capacity and natural drainages of the site and develop a system of controls which mimic the existing natural hydrology and which cumulatively capture and treat the runoff from the first inch of rainfall. LID practices may include any combination of site design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre - development runoff thereby limiting the increase in pollutant loads caused by development. b) Wherever LID practices are not achievable, or have not been demonstrated the management measures controlling the final run-off from the site shall control and treat the difference in stormwater runoff volume leaving the project site between the pre -and post -development conditions for, at a minimum, the 1-year, 24-hour storm as determined by NOAA data for Black Mountain. (See http-//dipper.nws.noaa.goy/hdsc/pfds/orb/nc pfds.html) Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours. c) All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids. d) Peak storm water runoff rates shall be controlled for all development at or exceeding 24% built upon area -for both LID and conventional approaches. The peak storm water runoff release rates leaving the site during post -construction conditions shall be equal to or less than the pre - development peak storm water runoff release rates for the 1-year frequency, 24-hour duration storm event as determined by NOAA data for Black Mountain. The emergency overflow and outlet works for any pond or wetland constructed as a stormwater BMP shall be capable of safely passing a discharge with a minimum recurrence frequency of 50 years. For detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the Dam Safety Act shall be met when applicable. e) No one BMP shall receive runoff from an area greater than three (3) acres. However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3) acre maximum. f) Encroachments: Water quality BMPs may encroach into a required buffer or yard setback as long as the encroachment does not disturb the majority of existing vegetation. Minor under story may be disturbed in order to accommodate water quality structures. Trees and shrubs shall be placed to maximize screening where the encroachment takes place. Installation of water quality BMP's shall not affect calculation of the Approved Graded Area (AGA) as defined in Chapter K - Environment, Article IV: Hillside Development if revegetation of the disturbed area is determined to adequately offset negative impacts of disturbance. 306. Standards for Stormwater Control Measures. 1. Evaluation According -to Contents of Design Manual. All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The Stormwater Administrator shall determine whether they will be adequate to meet the requirements of this ordinance. 2. Determination of Adequacy; Presumptions and Alternatives. Stormwater treatment practices that are designed, and constructed, and maintained in accordance with the criteria and specifications in the 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 such documentation, calculations, and examples as necessary to determine whether such an affirmative showing is made. Additional Standards. 1. Trout Waters. In addition to standards for stormwater handling set out in the design manual, larger development and redevelopment projects that drain in whole or part to class TR waters shall design and implement the best stormwater practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of this ordinance. Smaller qualified projects that are determined to create a potential negative impact to class TR waters due to design, type of improvement, or other relevant factors, shall also be required to comply with this standard. 2. Onsite Wastewater. a) Operation and Maintenance Requirements: New and replaced onsite systems for domestic wastewater installed after the effective date of this ordinance must be approved and permitted by the Buncombe County Health Department. Both the Buncombe County septic permit and documentation showing the operation and maintenance for the system are required before a Town Building Permit may be issued. b) Standards for Operation and Maintenance: Onsite systems for domestic wastewater covered by this ordinance shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet these standards, and the septage shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or groundwater. General Standards for Maintenance 1. Function of BMPs as Intended. The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed. 2. Annual Maintenance Inspection and Report. The person responsible for maintenance of any structural BMP installed pursuant to this ordinance shall submit to the Stormwater Administrator an annual inspection report using standard forms supplied by the Administrator or, if deemed acceptable, provided by the designer of each engineered system. The inspection report shall contain all of the following: • The name and address of the land owner; • The recorded book and page number of the lot of each structural BMP; • A statement that an inspection was made of all structural BMPs; • The date the inspection was made; • A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance or, if not functioning as designed, a detailed description of each deficiency and how the condition was corrected, and • For engineered structural systems requiring detailed monitoring of specific water quality parameters and indicators, the original signature and seal of the engineer, surveyor, or landscape architect performing services only in their area of competence. Systems requiring more frequent monitoring or inspections shall be maintained according to design requirements. All inspection reports shall be on forms supplied by the Stormwater Administrator unless otherwise approved. 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. 309. Operation and Maintenance Agreement 1. In General. Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town to assume responsibility for the structural BMP. The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval and shall be referenced on the final plat recorded with the County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation. 2. Special Requirement for Homeowners' and Other Associations. For all structural BMPs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: a) Acknowledgment that the association shall continuously operate and maintain the Stormwater control and management facilities; b) Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs; If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town, in its.sole discretion, may remedy the situation, and in such instances the Town shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town Administrator or his/her designated Stormwater Administrator shall first consent to the expenditure. c) Both developer contribution and annual deposits for future use of "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 per cent (15%) of the initial construction cost of the structural BMPs; Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (14) years following initial construction of the structural BMPs. ' Funds shall be deposited each year into the escrow account to cover the cost of maintenance. 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. u d) The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town depending on the design and materials of the stormwater control and management facility; e) Granting to the Town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs; f) Allowing the Town to recover from the association and its members any and all costs the Town expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement; The Town shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery. g) A statement that this agreement shall not obligate the Town to maintain or repair any structural BMPs, and that the Town shall not be liable to any person for the condition or operation of structural BMPs; h) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town to enforce any of its ordinances as authorized by law; and i) A provision indemnifying and holding harmless the Town for any costs and injuries arising from or related to the structural BMP, unless the Town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. 310. Inspection Program Inspections and inspection programs by the Town may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. §15- 27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. 1� Performance Security for Installation and Maintenance 1. The Town 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 structural BMPs are (1) installed by the permit holder as required by the approved stormwater management plan, and/or (2) maintained by the owner as required by the operation and maintenance agreement. This requirement may be instituted in addition to and in conjunction with other performance security or bond requirements the Town may require in conjunction with a subdivision or development plan. 2. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus twenty-five percent (25%). 3. The amount of a maintenance performance security shall be determined based on the type of BMP and a projected annual maintenance cost as recorded in the maintenance agreement. 4. Uses of Performance Security. a) 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. b) Default: Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town shall not return any of the unused deposited cash funds or other security which shall be retained for maintenance. c) Costs in Excess of Performance Security: If the Town takes action upon such failure by the applicant or owner, it may collect from the 312. applicant or owner for the difference, should the amount of the reasonable cost of such action exceed the amount of the security held. d) Refund: Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. Notice to Owners 1. Deed Recordation and Indications On Plat. The applicable operations and maintenance agreement, including but not limited to conservation easement, or dedication and acceptance into public maintenance, pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement, or conservation easement, or dedication and acceptance into public maintenance, {whichever is applicable] shall be recorded with the County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. 2. Signage. For homeowners and other associations, and where else deemed appropriate for the compliance of this ordinance, the Stormwater Administrator may require a structural BMPs to 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. 3. Records of Installation and Maintenance Activities. The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator. Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair in accordance with the maintenance agreement, including, but not limited to a maintenance easement. If a maintenance easement is provided then it shall be recorded and its terms shall specify who may make use of the easement and for what purposes. 313. Illicit Municipal Discharges and Connections The Federal Phase IV rule specifies that local communities shall prohibit any discharge to a municipal separate storm unless it: 1. Consists of a discharge pursuant to an NPDES permit; or Z. Consists of a discharge from firefighting activities; or 3. Consists of a discharge in any of the following categories, and the operator of the small MS4 has not identified that category as a significant contributor of pollutants to its small MS4: • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising ground waters; • Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; • Discharges from potable water sources; 0 Foundation drains; • Air conditioning condensation (commercial/residential); • Irrigation waters; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; and • Street wash water. 314. Other Illicit Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other than stormwater, provided that non-stormwater discharges associated with the following activities are allowed, provided that they do not significantly impact water quality: • Water line flushing; • Landscape irrigation; • Diverted stream flows; + Rising ground waters; • Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; • Discharges from potable water sources; • Foundation drains; • Air conditioning condensation (commercial/residential); • Irrigation waters; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; • Street wash water; • Flow from firefighting activities, and • Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town. 1 315. Illicit Connections ' 1. Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in section above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. ' 2. Where such connections exist in violation of this section and said connections ' were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following the ' effective date of this ordinance. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are ' likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. 3. Where it is determined that said connection: i) May result in the discharge of ' hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural ' resources, wildlife, or habitat; or ii) Was made in violation of any applicable regulation or ordinance, other than this section; the Stormwater Administrator shall designate the time within which the connection shall be removed. In ' setting the time limit for compliance, the Stormwater Administrator shall take the following into consideration: ' The consequences of delay, • The potential harm to the environment, to the public health, and to ' public and private property, and • The cost of remedying the damage. ' 316. Spills 1. Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected ' areas shall be restored to their preexisting condition. 2. Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town of the release or discharge, as well as making any required notifications under State and Federal law. 3. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. 317. Nuisances 1. The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a condition that creates a potential hazard or nuisance to the health, safety and welfare of the general public. 2. Illicit discharges and illicit connections which exist within the Town of Montreat jurisdictions, are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances and shall be abated. 318. Enforcement and Violations. 1. 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. Whenever this section refers to the Stormwater Administrator, it includes his or her designee and any authorized agent of the Town. 2. Violation Unlawful. Any failure to comply with applicable requirements, prohibitions, standards, or limitations imposed by this ordinance, or the terms or conditions of any permit, maintenance agreement, or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance and is subject to the same civil or criminal penalties as other zoning violations, with each day that a violation continues constituting a separate offense. 3. Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. 4. 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 constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists. 5. Responsibility For Land or Use of Land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. 6. 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 and can include: a) 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. b) 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 Planning and Zoning Commission or Board of Adjustment may disapprove, any request for permit or development approval or authorization provided for by this ordinance for the land on which the violation occurs. c) Injunction, Abatements, etc.,: The Stormwater Administrator, with the written authorization of the Town Administrator, 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. d) Correction as Public Health Nuisance, Costs as Lien, etc.: If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the Town Administrator, may cause the violation to be corrected and the costs to be assessed as a lien against the property. e) Stop Work Order: The Stormwater Administrator may issue a stop work order to the person violating this ordinance. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. f) Civil Penalties: Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation is issued by the Stormwater Administrator or his/her designee. Civil penalties may be assessed up to the full amount of penalty to which the Town is subject for violations of its Phase II Stormwater permit up to $500. g) Criminal Penalties: misdemeanor. subject Carolina law. 7. Procedures. Violation of this ordinance may be enforced as a t to the maximum fine permissible under North a) Violations: Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint in accordance with the procedures established in the Town of Montreat Code. b) Extension of Time: A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the Stormwater Administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation. The Stormwater Administrator may grant 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. I I 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. 0 Enforcement After Time to Correct: After the time has expired to correct a violation, including any extension(s) if authorized by the ' Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. If the violation is not corrected, ' the Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this ordinance. d) 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 t 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. Town of Montreat — NCS000430 Stormwater Management Program Report November 1, 2016 Appendix C Buncombe County Soil Erosion and Sedimentation Control Ordinance ARTICLE V. - SOIL EROSION AND SEDIMENTATION CONTROLu ' Footnotes: --- (9) --- Cross reference— Subdivisions, ch, 70. State Law reference— Authority to adopt rules and regulations to establish and enforce soil erosion and control programs, G.S. 113A-60. DIVISION 1. -GENERALLY Sec. 26-206. - Title and authority of article. This article may be cited as the county soil erosion and sedimentation control ordinance, and is adopted pursuant to the authority granted in the North Carolina Sedimentation Pollution Control Act of 1973, G. S. 113A-50 et seq. (Ord. No. 20172, § 1, 2-2-93) Sec. 26-207. - Jurisdiction of article. This article is hereby adopted by the county board of commissioners to apply to all of the county outside of the incorporated areas. Except as provided in this section, the provisions of this article shall not be applicable to and shall not be enforced within the corporate limits or jurisdiction of any municipality in the county. A municipality may come within the provisions of this article at any time by mutual agreement with the county and by the adoption of an appropriate resolution by the governing body of such municipality pursuant to G.S. 153A-122 agreeing that this article shall be enforced within the corporate limits or jurisdiction of the municipality. (Ord. No. 20172, § 2, 2-2-93; Ord. No. 96-8-7, § 1, 8-20-96) Sec. 26-208. - Purpose of article. This article is adopted for the purposes of; (1) Regulating certain land disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and (2) Establishing procedures through which these purposes can be fulfilled. I (Ord. No. 20172, 5 3, 2-2-93) Sec. 26-209. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accelerated erosion means any increase over the rate of natural erosion as a result of land disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973. G.S. 113A-50 et seq., and all rules and orders adopted pursuant to it. Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land disturbing activity. Affiliate means a person that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control of another person. Being conducted means a land disturbing activity has been initiated and permanent stabilization of the site has not been completed. Borrow means fill material which is required for onsite construction and is obtained from other locations. Buffer zone means the strip of land adjacent to a lake or natural watercourse. Certificate of compliance means a certificate issued by the county indicating that the required temporary and/or permanent erosion control measures shown on the approved plan have been constructed correctly and are operating correctly and that the site has been satisfactorily stabilized except for routine maintenance requirements. Coastal counties means the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and Washington. Commission means the state sedimentation control commission. Completion of construction or development means that no further land disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Department means the state department of environment, health, and natural resources. Detention basin means a facility constructed or modified to represent flow of storm water to a prescribed maximum rate and to concurrently detain the excess waters that accumulate behind the outlet. Director means the director of the division of land resources of the state department of environment, health, and natural resources. Discharge point means that point at which runoff leaves a tract of land. District means the county soil and water conservation district created pursuant to G.S. 139-1 et seq. Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. Erosion control officer means the county erosion control officer or his duly authorized representatives. Forest lands means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. Page 2 Forest practices means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber. Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High quality water (HQW) zones means areas that are within one mile of and drain to HQWs. High quality waters means those classified as such in 15A NCAC2B.0101(e)(5)—General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 15013-14(c). Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. Land disturbing activity means any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Land disturbing permit means the document issued by the county which allows grading operations to commence and to proceed in accordance with the requirements of this article. Local government means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities acting through a joint program pursuant to the provisions of the Act. Logging means the practice of harvesting products or timber from a tract or part of a tract of land and then perpetuating a stand of timber or forest products on the same tract of land within reasonable timeframes and accepted best management practice guidelines as recommended by the Forest Practice Guidelines Related to Water Quality pursuant to the provisions of G.S. ch. 150B. Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. Parent means an affiliate that directly or indirectly, through one or more intermediaries, controls another person. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person conducting land disturbing activity means any person who may be held responsible for a violation unless expressly provided otherwise by this article, the Act, or any order adopted pursuant to this article or the Act. Person responsible for the violation means, as used in this article and G.S. 113A-64: (1) The developer or other person who has or holds himself out as having financial or operational control over the land disturbing activity; or (2) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land disturbing activity or has benefitted from it, or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a duty upon him. Phase of grading means one of two types of grading, rough or fine. Plan means an erosion and sedimentation control plan. Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Page 3 Sedimentation means the process by which sediment resulting from accelerated erosion has been or ' is being transported off the site of the land disturbing activity or into a lake or natural watercourse. Siltation means sediment properly designed, constructed, point of origin within the site suspension in water. resulting from accelerated erosion which is settleable or removable by and maintained control measures; which has been transported from its of a land disturbing activity; and which has been deposited, or is in Storm drainage facilities means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area. Stormwater runoff means the direct runoff of water resulting from precipitation in any form. Subsidiary means an affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person. Ten-year storm means the surface runoff resulting from a rainfall of an intensity expected to be equalled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty -five-year storm means the surface runoff resulting from a rainfall of an intensity expected to be equalled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff from the watershed of interest under average antecedent wetness conditions. Uncovered means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. Velocity means, the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Waste means surplus materials resulting from onsite construction and disposed of at other locations. Working days means days, exclusive of Saturday and Sunday, during which weather conditions or soil conditions permit land disturbing activity to be undertaken. (Ord. No. 20172, S 4, 2-2-93; Ord. No. 96-8-7, § 2, 8-20-96; Ord. No. 99-3-7, § 4, 3-16-99; Ord No. 06-04-02, § 1, 4-4-06) Cross reference— Definitions generally; § 1-2. Sec. 26-210. - Scope of article and exclusions from article. (a) Geographical scope of regulated land -disturbing activity. This article shall apply to land -disturbing activity within the territorial jurisdiction of Buncombe County and to the extraterritorial jurisdiction of Biltmore Forest, Black Mountain, Woodfin, Weaverville, and Montreat as allowed by agreement between local governments. (b) Exclusions from regulated land -disturbing activity. Notwithstanding the general applicability of this article to all land -disturbing activity, this article shall not apply to the following types of land -disturbing activity: (1) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: Page 4 a. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts. b. Dairy animals and apiary products. c. Poultry and poultry products. d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats. e. Bees and dairy products. f. Fur producing animals. (2) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the board of commissioners. (3) Activities for which a permit is required under the mining act, G.S. 74-46 et seq. (4) For the duration of an emergency, activities essential to protect human life. (5) Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). (Ord. No. 20172, § 5, 2-2-93; Ord. No. 96-8-7, § 3, 8-20-96; Ord. No. 06-04-02, § 2, 4-4-06) Sec. 26-211. - General requirements. (a) Plan required. No person shall initiate any land disturbing activity as defined in this section without an erosion control plan as described in section 26-228, approved by the county, and without having a land disturbing permit as described in section 26-226. For the purposes of this article, an erosion control plan shall be required for: (1) Any land disturbing activity which uncovers one or more acres (43,560 square feet) on a tract of land. (2) Reserved. (3) Any residential land disturbing activity which uncovers one -quarter acre or more (10,890 square feet) on a lot, parcel, or tract with an average slope of 25 percent or greater in its natural state and applies to chapter 70, Subdivisions, section 70-68. (b) Protection of property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activities. (c) More restrictive rules shall apply. Any residential land disturbing activity which uncovers one-half acre or more (21,750 square feet) on a lot, parcel or tract with an average slope 15 to 25 percent in its natural state and applies to chapter 70, Subdivisions, section 70-68. (Ord. No. 20172, § 6, 2-2-93; Ord. No. 96-8-7, § 4, 8-20-06; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-1 1, § 1, 8-5-03; Ord. No. 06-04-02, § 3, 4-4-06; Ord. No. 06-08-04, § 1, 8-1-06) Sec. 26-212. - Basic control objectives. ' An erosion and sedimentation control plan may be disapproved pursuant to section 26-228 if the plan fails to address the following control objectives: (1) Identify critical areas. Onsite areas which are subject to severe erosion and offsite areas which ' are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. Page S (2) Limit time of exposure. All land disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. (3) Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. (4) Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (5) Control sedimentation. All land disturbing activity is to be planned and conducted so as to prevent offsite sedimentation damage. (6) Manage stormwater runoff. When the increase in the velocity of stormwater runoff resulting from a land disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. Plan designer must furnish a statement of an on site downstream evaluation for assessment of 25-year storm velocity impacts to adjoining property. (Ord. No. 20172, § 7, 2-2-93; Ord. No. 06-04-02, § 3, 4-4-06) Sec. 26-213. - Forest practice guidelines (a) It is the intent of the board of commissioners to adopt Forest Practice Guidelines Related to Water Quality (best management practices) pursuant to the provisions of G.S. ch. 150B. Until forest practice guidelines are adopted, activities undertaken on forest land for the production and harvesting of timber products will be subject to this article. (b) If land disturbing activity undertaken on forest land for the production and harvesting of timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this article shall apply to such activity and any related land disturbing activity on the tract. Secs. 26-214-26-225. - Reserved. DIVISION 2. - ADMINISTRATION AND ENFORCEMENTu Footnotes: --- (10) --- Cross reference— Administration, ch. 2. Sec. 26-226. - Permits. (a) Required; exceptions. Except as provided in section 26-210, no person shall undertake any land disturbing activity subject to this article without first obtaining a permit therefor from the county, except that no permit shall be required for any land disturbing activity; (1) For the purpose of fighting fires; Page 6 (2) For the stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against offsite damage; or (3) Less than one acre (43,560 square feet) that does not apply to chapter 70, Subdivisions, section 70-68. (4) In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (b) Requirements of applicant. To obtain a land disturbing permit the following is required: (1) Completed land disturbing permit application. (2) Completed and signed erosion control plan checklist. (3) Plan review fee. (4) An approved erosion control plan (two copies). (5) A copy of the approved stormwater plan, approval letter and permit. In all circumstances where a stormwater permit is required in accordance with Buncombe County ordinances, such stormwater permit must be obtained before a land disturbing permit may be issued pursuant to this section. Note: If the intent is to disturb land, which requires a land disturbing permit, regardless of time frame, a land disturbing permit must be obtained prior to beginning the land disturbing activity. (c) Issuance prerequisite to building permit. The county shall not issue any building permits for projects on sites where a land disturbing permit is required unless and until a land disturbing permit has been issued. (d) Fees. The county may establish fees as considered necessary to defray costs of administering this article. Plan review fees shall be double the normal fee amount when land disturbing activity begins before a land disturbing permit is obtained from the county. An applicant shall be entitled to two plan reviews of any application without payments of an additional plan review fee. This shall be construed to mean review of the original application and review of the re -submittal of that application with or without revisions. Any re -submittal by the applicant thereafter shall be treated as a new application and must be accompanied by payment of the full plan review fee. The county board of commissioners shall establish plan review fees, and may amend and update the fees annually during the budget process. (e) Display. A land disturbing permit issued under this article shall be prominently displayed on the site until all construction is completed, all permanent sedimentation and erosion control measures are installed and the site has been substantially stabilized, as required. (Ord. No. 20172, § 17, 2-2-93; Ord. No. 96-6-16, §§ 1-3, 6-18-96; Ord. No. 96-8-7, § 5, 8-20- 96; Ord. No. 99-4-3, § 1, 4-13-99; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 2-5, 8-5- 03; Ord. No. 06-04-02, § 4, 4-4-06; Ord. No. 06-08-04, § 1, 8-1-06; Ord. No. 06-1 1-01, § 1, 1 1- 7-06; Ord. No. 08-01-05, § 1, 1-8-08; Ord. No. 11-06-03, § 1, 6-7-1 1) Sec. 26-227. - Revocation of permits. (a) If inspection of a site of land disturbing activity indicates that the site is not in compliance with either this article or the erosion control plan approved for the site, the county shall serve a notice of violation by registered or certified mail or by any means authorized under G.S. 1A-1, Rule 4, or other Page 7 means reasonably calculated to give actual notice, upon the person conducting the land disturbing activity and, if different from that party, the property owner. The notice shall set forth the actions necessary to achieve compliance with the plan or this section, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in one or more of the following: (1) Revocation of the land disturbing permit and all building permits; (2) The issuance of a stop work order; (3) The assessment of civil penalties; or (4) Other enforcement action. If the site of land disturbing activity is not brought into compliance with this section or the plan within the time stated in the notice, the county shall (1) revoke the land disturbing permit and immediately revoke all building permits granted for the site pursuant to N.C.G.S. § 153A-362 or (2) issue a stop work order pursuant to N.C.G.S. § 153A-361. (b) When work under a land disturbing permit is not begun within six months following the date of issuance of the land disturbing permit, the land disturbing permit shall be deemed to be expired. If land disturbance has begun within six months of the date of issuance the land disturbing permit will expire five years from date of issuance. Renewal of the land disturbing permit will require a new application and new plan review fees. No grading work is to be performed until the new permit is issued. (Ord. No. 20172, § 18, 2-2-93; Ord. No. 96-8-7, §§ 6, 7. 8-20-96; Ord. No. 99-4-3, § 2.4-13-99; Ord. No. 06-08-04, ti 1, 8-1-06) Sec. 26-228. - Erosion and sedimentation control plans. (a) Filing; review; revision. Persons conducting a land disturbing activity on a tract which requires a land disturbing permit shall file two copies of the erosion control plan with the county at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. After approving the (clan, if the county, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or offsite sedimentation exists, the county will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. No person may initiate a land disturbing activity before notifying the county of the date that the land disturbing activity will begin. When deemed necessary a preconstruction conference may be required. (b) Statement of financial responsibility and ownership. Erosion control plans may be disapproved unless accompanied by a notarized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. This statement shall be included on the land disturbing permit application form required by this article. If the person financially responsible is not a resident of the state, a state agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this article, or rules or orders adopted or issued pursuant to this article. (c) Review by county soil and water conservation district. One copy of the erosion control plan shall be forwarded by the county to the county soil and water conservation district for its review, Within 20 days of receipt, or within such additional time as may be prescribed by the county, the district shall review such plan and submit its comments and recommendations to the county. Failure of the county soil and water conservation district to submit its comments and recommendations within 20 days or within the prescribed additional time shall not delay final action on the plan. Page 8 (d) Review by county, approval or disapproval. The county shall review each complete plan submitted to it and within 20 days of receipt thereof shall notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. However, the county shall make every attempt possible to complete its review of the plan within 20 days of receipt. Failure to approve or disapprove a complete erosion and sedimentation control plan within 20 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The county must approve, approve with modifications, or deny a revised plan within 15 days of receipt, or it is deemed to be approved. if, following commencement of a land disturbing activity pursuant to an approved plan, the county determines that the plan is inadequate to meet the requirements of this article, the county may require such revisions as are necessary to comply with this article. The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws, regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table must be forwarded to the director of the division of water quality. (e) Environmental document. Any plan submitted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1 et seq.) shall be deemed incomplete until a complete environmental document is available for review. The county shall promptly notify the person submitting the plan that the 20-day time limit for review of the plan pursuant to subsection (d) of this section shall not begin until a complete environmental document is available for review. (f) Contents of plan The erosion control plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this article. All erosion and sedimentation control plans shall contain a maintenance plan addressing short-term and long-term maintenance of measures. Long-term maintenance of ground covers must be addressed in the maintenance plan. The plan may be included in the construction sequence or vegetation specifications, if appropriate. However, more detailed maintenance plans will be required where deemed appropriate. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the county on request. (g) Conditions for disapproval of plan. An erosion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant: (1) Is conducting or has conducted land disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or (4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this subsection an applicant's record may be considered for only the two years prior to the application date. (h) Amendment of plan. Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by the county, the land disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. Page 9 (i) Failure to file; conducting activity without plan. Any person engaged in land disturbing activity who t fails to file a plan in accordance with this article, or who conducts a land disturbing activity, except in accordance with provisions of an approved plan, shall be deemed in violation of this article. LJj All plans, applications and the checklist shall be accompanied by the requisite fee as established in the county fee schedule ordinance. (Ord. No. 20172, § 19, 2-2-93; Ord. No. 96-8-7, §§ 8-10, 8-20-96; Ord. No. 99-3-7. § 3, 3-16- 99; Ord, No. 99-12-4, § 1, 12-7-99; Ord. No. 00-09-10, § 1, 9-12-00; Ord. No. 01-02-20; § 2, 2- 20-01; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, § 6, 8-5-03) Sec. 26-229. - Appeals from disapproval or approval with modifications of plans. (a) Except as provided in subsection (b) of this section the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion control plan by the county shall entitle the person submitting the plan to the erosion control officer to a hearing within 15 days after receipt of written notice of disapproval or modifications. (2) Hearings held pursuant to this section shall be conducted by a plan review committee consisting of the county engineer, director of county general services, and the director of planning and development, within 30 days after the date of the appeal or request for a hearing. (3) The plan review committee shall decide appeals within 15 days after the date of the hearing on any erosion control plan. (4) If the county plan review committee upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the state sedimentation control commission, as provided in G.S. 113A-61(c) and Title 15 N.C.A.C. 4B .0018(d). (b) If an erosion control plan is disapproved pursuant to section 26-228(g), the county shall notify the director of the division of land resources of such disapproval within ten days. The county shall advise the applicant and the director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the county's disapproval of the plan pursuant to section 26-228(g) directly to the commission. (Ord. No. 20172, § 20, 2-2-93) Sec. 26-230. - Inspections and investigations. (a) Inspections required. Agents, officials or other qualified persons authorized by the county will inspect the sites of land disturbing activity to determine compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article; to determine whether the activity is being conducted in accordance with an approved plan; and whether the measures required in the plan are effective in controlling erosion and sediment resulting from land disturbing activity. Notice of the right to inspect shall be included in the notification of plan approval. (b) Notice of violation; compliance time period specified; enforcement. If, through inspection, it is determined that a person engaged in land disturbing activity has failed to comply with the Act, this article, or rules or orders adopted or issued pursuant to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or by any means authorized under G.S. 1 A-1, Rule 4. The notice shall set forth the actions necessary to achieve compliance with the plan or this article, specify a date by which the person must comply with the Act, this article, and inform the person of the actions that need to be taken to comply with the Act, this article, and warn that failure to correct the violation within the time period shall result in the Page 10 assessment of a civil penalty or other enforcement action. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. (c) Right of entry. The county shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. (d) Requiring written statements; filing of reports. The county shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity. (e) Certificate of compliance; issuance. A certificate of compliance shall be issued to the person conducting the land disturbing activity upon satisfactory project completion. (Ord. No. 20172, § 21, 2-2-93; Ord. No. 96-8-7, § 11, 8-20-96; Ord. No. 06-04-02, § 5, 4-4-06) Sec. 26-231. - Penalties for violation of article. (a) Civil penalties. Civil penalties may be imposed as follows: (1) Any person who violates any of the provisions of this article, or rules or orders adopted or issued pursuant to this article, or who initiates or continues a land disturbing activity for which an erosion control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation of this article is $5,000,00. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or as provided in G.S. 113A-61-1(b), or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date the violation is detected. Refusal to accept the notice or failure to notify the county erosion control officer of a change of address shall not relieve the violator's obligation to pay such a penalty. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of a continuing violation shall constitute a separate violation. The act clarifies that a person may be assessed a one-time civil penalty of up to $5,000.00 for the day the violation is first detected. (2) Civil penalties shall be assessed for the violations listed below pursuant to the following schedule: a. For failure to submit an acceptable erosion control plan for approval as required by this article, $100.00 per day. Any person who is subject to a civil penalty under this division may be subject to additional civil penalties for violation of other provisions of this article, or rules or orders adopted or issued pursuant to this article (section 26-228). b. For failure to secure from the county erosion control office a valid land disturbing permit (section 26-226) prior to conducting a land disturbing activity, $50.00 per day. Page 11 c. For failure to take all reasonable measures to protect public property, private property, a lake or natural watercourse, from damage caused by land disturbing activities (section 26- 211), $50.00 per day. d. For failure to comply with the design and performance standards for High Quality Water (HQW) zones as per section 26-247(b), $50.00 per day. e. For failure to conduct a land disturbing activity in accordance with the provisions of the erosion sedimentation control plan which was approved by the county erosion control office, (section 26-228), $50.00 per day. f. For failure to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of the tract (sections 26-211 and 26-246), $50.00 per day. g. For failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation by natural or artificial means within 25 percent of that portion of the buffer zone nearest the land disturbing activity, whichever is the greater width (section 26-246), $50.00 per day. h. For failure to maintain temporary and permanent erosion and sedimentation control measures and facilities during the development of the site (section 26-252), $50.00 per day. i. For failure to maintain on graded slopes and fills an angle sufficient to retain vegetative cover or other adequate erosion control devices or structures (section 26-246), $50.00 per day. j. For failure within 15 working days or 30 calendar days, whichever period is shorter, after completion of any phase of grading to plant or otherwise provide exposed graded slopes or fills with ground cover, devices, or structures sufficient to retain erosion (section 26-246), $50.00 per day. k. For failure to plant or otherwise provide ground cover sufficient to restrain erosion within 15 working days or 90 calendar days, whichever is the shorter, following completion of construction or development (section 26-246), $25.00 per day. I. For failure to file an acceptable, revised erosion and sedimentation control plan after being notified by the county erosion control office of the need to do so (section 26-228), $25.00 per day. m. For failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity (section 26-246), $25.00 per day. (3) After determining the penalty, the erosion control officer shall recommend and the county planning director assess the penalty against the person or entity deemed to be in violation of this article by mailing by registered or certified mail, return receipt requested, or by any means authorized under G.S. 1A-1, Rule 4, or other means reasonably calculated to give actual notice, to the person responsible for the violation a notice of assessment and demand for payment, which shall include therein a detailed description of the violation for which the penalty has been imposed, the amount of the penalty and the reason for assessing the penalty. (4) If payment is not received or equitable settlement reached within 30 days after the notice of assessment and demand for payment has been received, the matter shall be referred to the county attorney for institution of a civil action in the appropriate ,division of the general courts of justice to recover the amount of the assessment. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. I I I I I I I � Page 12 I (5) Any monies received from the collection of penalties shall be deposited in the county planning department's operating budget in order to be used to enforce the purposes and requirements of this article. (b) Appeal of civil penalty assessment. (1) A person or entity assessed with a civil penalty must select one of the following options within 30 days after receipt of the notice of assessment and demand for payment: a. Tender to the county planning director or county finance office full payment of the penalty; or b. Submit in writing to the county planning director, a request for an administrative hearing specifying the factual or legal issues to be contested. (2) Failure to request an administrative hearing as provided in subsection (1) above will be deemed a waiver of any and all rights of review, either by the board of adjustment or by the general courts of justice, of the assessment of the civil penalty. (3) If the alleged violator requests an administrative hearing, no further demand for payment will be made by the erosion control officer unless a final decision is made by the board of adjustment which upholds the assessment of a penalty. (4) Any person or entity who is aggrieved by a final decision by the board of adjustment is entitled to judicial review of such decision by the general court of justice, superior court division, by proceedings In the nature of certiorari; provided such petition for review is filed with the clerk of superior court within 30 days after a written copy of the decision of the board is delivered to the aggrieved party, either by personal service or by registered or certified mail, return receipt requested, pursuant to G.S. 153A-345(e). (5) No provision of this section shall be construed to restrict or impair the right of the erosion control ' officer or the county to pursue any other remedy provided by law or equity for violations of this article, including the right to assess penalties for violations of this article occurring during the appeal process. ' (c) Criminal penalties. Any person who knowingly or willingly violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with the ' terms, conditions, and provisions of an approved plan, shall be guilty of a class 2 misdemeanor, which may include a fine not to exceed $5,000,00, as provided by G.S. 113A-64. (Ord. No. 20172, § 22, 2-2-93; Ord. No. 96-8-7, § 12, 8-20-96; Ord. No. 99-3-7, 5 1.3-16-99; Ord. No. 99-12-4, § 2, 12-7-99; Ord, No. 01-02-20, § 1, 2-20-01) Sec. 26-232. - Injunctive relief. (a) Whenever the planning director or his designee has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, the planning director or his designee may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the county superior court. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure .that restoration is performed or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this article. Page 13 (Ord. No. 20172, § 23, 2-2-93) Secs. 26-233-26-245. - Reserved. DIVISION 3. - LAND DISTURBING ACTIVITIES Sec. 26-246. - Mandatory standards. No land disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory requirements: (1) Buffer zone. Buffer zone standards shall be as follows: No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the state environmental management commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity, whichever is greater; provided, however, that the county may approve plans which include land disturbing activity along trout waters when the duration of the disturbance would be temporary and the extent of the disturbance would be minimal. This subsection shall not apply to a land disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. b. Unless otherwise provided, the width of a buffer zone is measured horizontally from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land disturbing activity containing natural or artificial means of confining visible siltation. c. The 25-foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank. d. Where a temporary and minimal disturbance is permitted as an exception by subsection (1)a of this section, land disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten percent of the total length of the buffer zone within the tract to be distributed such that there is not more than 100 linear feet of disturbance in each 1,000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of the director. e. No land disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15 N.C.A.C. 213,0211 "Fresh Surface Water Classification and Standards," in these waters. (2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures and shall not have fill -slopes steeper than 2 HAV, nor cut slopes steeper than 1.5HAV at a maximum of 20 feet in height unless designed by a geotechnical engineer. In any event, slopes left exposed will, within 21 calendar days after completion of any phase of grading be planted or otherwise provided with temporary or permanent ground cover, devices or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. In order to provide stabilization and maintenance of graded slopes and fills, a sufficient setback, as determined by the county erosion control officer, must be provided between all property lines and the top of graded slopes (cuts) and the toe of fills. Page 14 (3) Ground cover. Whenever land disturbing activity is undertaken on a tract requiring a land disturbing permit, the person conducting the land disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within 15 working days or 90 calendar days following completion, whichever period is shorter except as provided in section 26-247(b)(5). (4) Prior plan approval. No person shall initiate any land disturbing activity on a tract requiring a land disturbing permit unless, 20 or more days prior to initiating the activity, an erosion and sedimentation control plan for the activity is filed with the county. Should the plan be filed, approved and a land disturbing permit be issued in less than 20 days from the filing of the plan, the land disturbing activity may commence. (5) Onsite meeting. The person conducting land disturbing activity or an agent of that party shall contact the erosion control officer at least 48 hours before commencement of the land disturbing activity for the purpose of arranging an onsite meeting with the erosion control officer or duly authorized representative to review and discuss the approved plan and the proposed land disturbing activity. (Ord. No. 20172, § 8, 2-2-93; Ord. No. 96-8-7, §§ 13, 14, 8-20-96; Ord. No. 99-3-7, § 2, 3-16- 99, Ord. No. 00-09-10, § 2, 9-12-00; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-1 1, §§ 7, 8, 8- 5-03, Ord. No. 06-04-02, § 6, 4-4-06) Sec. 26-247. - Design and performance standards. (a) Erosion and sedimentation control measures, structures and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak.rate of runoff from the twenty-five year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures. (b) In high quality water (HQW) zones the following design standards shall apply: (1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land disturbing activity within an HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the director. (2) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (3) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Services "National Engineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for Page 15 stabilization, unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. (5) Ground cover sufficient to restrain erosion must be provided for any portion of a land disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter. (Ord. No. 20172, § % 2-2-93; Ord. No. 06-04-02, § 7, 4-4-06) Sec. 26-248. - Stormwater outlet protection. (a) Generally. Persons shall design and conduct land disturbing activity so that the post construction velocity of the twenty -five-year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: (1) The velocity established by the table in subsection (d) of this section; or (2) The velocity of the twenty -five-year storm runoff in the receiving watercourse prior to development. Note: In any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is required. Refer to subdivision ordinance for additional requirements section 70-66 general requirements. If the condition in subsection (a)(1) or (a)(2) of this section cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the prior to development velocity by ten percent. In any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is required. Refer to subdivision ordinance for additional requirements section 70-66 general requirements. Note: Detention may be necessary and shall be sufficient to store all excess flows to twenty -five-year frequency twenty -four-hour storm. This is in excess of runoff that would occur from site left in pre - development. (b) Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The county recognizes that the management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious. (2) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sections to complex structures. (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining. (c) Exceptions. This rule of this section shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. (d) The following is a table for maximum permissible velocity for stormwater discharges: i Maximum Permissible Page 16 E Velocities Material Discharged Into F.P.S. M.P.S. Fine sand (noncolloidal) 2.5 0.8 Sandy loan (noncolloidal) 2.5 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) i 3.5 1.1 Alluvial silts (colloidal) Coarse gravel (noncolloidal) 5.0 6.0 1.5 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 ' Source. Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Ord. No. 20172, § 10, 2-2-93; Ord. No. 06-04-02, § 8, 4-4-06) Page 17 Sec. 26-249. - Borrow and waste areas. When the person conducting the land disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained either onsite or offsite, and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the department's division of solid waste management shall be considered as part of the land disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land disturbing activity. (Ord. No. 20172, § 11, 2-2-93) Sec. 26-250, - Access and haul roads. Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing activity shall be considered a part of such activity. (Ord. No. 20172, § 12, 2-2-93) Sec. 26-251. - Operations in lakes or natural watercourses. Land disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. These activities must be in accordance with all existing federal, state, and local requirements. (Ord. No. 20172, § 13, 2-2-93) Sec. 26-252. - Responsibility for maintenance. During the development of a site, the person conducting the land disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this article, the Act, or any order adopted pursuant to this article or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. (Ord. No. 20172, § 14, 2-2-93) Sec. 26-253. - Additional measures. Whenever the county determines that significant sedimentation is occurring as a result of land disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity will be required to and shall take additional protective action. (Ord. No. 20172, § 15, 2-2-93) Sec. 26-254. - Existing uncovered areas. Page 18 (a) All uncovered areas existing on February 2, 1993, which resulted from land disturbing activity, exceeding one acre (43,560 square feet), are subject to continued accelerated erosion, and are causing offsite damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control offsite sedimentation, (b) The county will serve upon the landowner, or other person in possession or control of the land, a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the county shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (c) The county reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. (d) This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. (e) No fee shall apply to work required under this section (Ord. No. 20172, § 16, 2-2-93) Sec. 26-255. - Restoration of areas affected by failure to comply with sedimentation control measures. The county may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the activity, as required by section 26-246(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil penalty or injunctive relief authorized under this article. Secs. 26-256— 26-275, - Reserved. Page 19 December 28, 2015 Mike Randall Division of Water Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Mr. Randall: JAN 0 5 7016 \Sj N�r,rlrti rll fi) is ,. ,,i�111..J Please find the enclosed 2015 Phase II MS4 Stormwater Management Program Assessment for Permit #: NCS000430. ours trU Davi E. Currie, CFM, CZO 131.111ding Inspector/Code Administrator Town of Montreat Enclosures: 2015 Phase It MS4-Stormwater Management Program Assessment for Permit #: NCS000430 P. O. Box 423, Montreat, NC 28757 TELEPHONE: (828) 669-8002 FAX: (828) 669.3810 WEBSITE: www.townotmontreat.org Phase II MS4 Stormwater Management Program Assessment Reporting Period 2015 1 Permit No.: NCS000430 L APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Montreat b. Ownership Status (federal, state, or local) Local c. Type of Public Entity (city, town, county, prison, school, etc.) JAN Town d. County(s) Buncombe ;;, •_ e. DENR Regional Office Asheville f. Jurisdictional Area (square miles) 3.87 g. Population Permanent 733 Seasonal (if available) 3,000 (+/-) h. Ten-year Growth Rate 1.76 % i. Located on Indian Lands? ❑ Yes ®No 1316 II. RPE I MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 3,87 b. River Basin(s) Swannanoa (not within jurisdiction c. Number of Primary Receiving Streams 1 — Flat Creek d. Estimated percentage of jurisdictional area containinQ the following four land use activities 1. Residential 90% 2. Commercial N/A 3. Industrial N/A 4. Open Space 10% Total = 100% e. Are there significant water quality issues? Ll Yes 0 No f. Do you have an inventory of storm water inlets, pipes, ditches, and open channels? ® Yes ❑ No g. Do you know how many outfalls your city discharges to and where they are located? ® Yes ❑ No h. Do you know who else is discharging storm water into your system? ® Yes ❑ No i. Do you know the major pollutant sources in your city (industrial, commercial, residential)? ® Yes ❑ No SWMP Assessment Page 1 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 12015 1 Permit No.: NCS000430 Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. III. EXISTING LOCAL WATER QUALITY PROGRAMS Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. River Basin Receiving Stream Water Quality Use Support Water Quality Issues Stream Name Segment Classification Rating Fiat Creek Headwaters C; HOW 3c None Big Piney Upper NW C; HOW 3c None Branch into Flat Creek Kitchen Branch South of C 3c None Sourwood Gap into Fiat Creek Un-Named East lower Unrated 3c None Tributaries area below Little Piney Branch a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No e. TMDL ❑ Yes ® No f. Threatened and Endangered Species or Habitat ® Yes ❑ No Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. For each stream, list the water quality classification(s) and the NCDENR Use Support Rating. The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. Your river basin table should also briefly identify any specific water quality issues identified in the most recent NCDENR river basin water quality plan, 303(d) List or identified at the local level. Issues can include specific pollutants of concern, pollutant sources and activities of concern, etc. SWMPAssessment Page 2 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 1 2015 1 Permit No.: NCS000430 IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co- ermittin . a. Do you intend to co -permit with a El Yes ®No permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit with Yes ®No another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS If more than one, attach additional sheets. a. Do you intend for another entity to perform one or more of your permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Black Mountain Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Steve Jones • Contact Address 106 Montreat Road, Black Mountain, NC 28711 • Contact Telephone Number (828) 669-8074 c. Are legal agreements in place to establish responsibilities? ® Yes ❑ No VI. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received and/or applied for under the following programs. a. RCRA Hazardous Waste Management NIA Program b. UIC program under SDWA NIA c. NPDES Wastewater Discharge Permit NIA Number d. Prevention of Significant Deterioration NIA PSD Program a. Non -Attainment Program NIA f. National Emission Standards for Hazardous NIA Pollutants (NESHAPS) pre -construction approval h. Dredge or fill permits under section 404 of NIA CWA SWMP Assessment Page 3 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 1 2015 Permit No.: NCS000430 VII. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position, and include documentation of the delegation action through board action. a. Name of person to which permit authority has David Currie been deleoated b. Title/position of person above i Building Inspector/Code Administrator VIII. SIGNING OFFICIAL'S STATEMENT I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. O. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828) 669-3810 E-Mail inspections@townofmontreat.org IX. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversi ht of the stormwater program. Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. O. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828) 669-3810 E-Mail inspections@townofmontreat.org Permittee's Web site town ofmo ntreat.org SWMP Assessment Page 4 of 4 Background Information STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.: NCS000430 X. SMPs Do you plan to add any new BMPs? ❑ Yes ® No Do you plan to amend any existing BMPs? ❑ Yes ® No If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. BMP Measurable Goals YR YR YR YR YR Responsible 1 2 3 4 5 Position/Part Non -Structural: Creation of a Receive sufficient revenue from utility such that after X Finance Officer - Stormwater Utility to fund first five-year permit cycle at least .50% ofstormwater Stefen Stackhouse stormwater O & M and infrastructure maintenance/improvement costs are Code Administrator - improvements. funded. RFQ SENT OUT 6/1/14 - ACTION David Currie DELAYED DUE TO FUNDING SHORTFALL FOR STMWTR. UTILITY STUDY 2015-16 FY. New Mayor and different Town Council members have not "weighed in" on whether this is a priority for them yet. SWMPAssessment Page — of — New or Revised BMPs STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 1.0 Stormwater Management Program Yes No N/A 1.1 Does the Stormwater Management Program describe the permanent and ❑ ❑ seasonal population served by the MS4 system? The source of the permanent population data should be listed. Methodology should be provided for any seasonal population estimates, as well as a description of the seasonal calendar. Seasonal population is an indicator of the stress placed on the MS4 during peak demands. 1.2 Does the Stormwater Management Program describe the Growth Rate? 0 ❑ ❑ The population growth rate for the service area should be calculated based on the simple analysis of the relative change between the US Census population in 1990 and 2000 stated as a percent change, annualized by dividing the percent change by 10. If the permittee's jurisdiction incorporated after 1990, use the based population established at the time of incorporation in place of the 1990 Census number to establish the change in population as a percent change as measured in 2000. More recent population data can be used to document the growth rate, if available. 1.3 1.4 1.5 1.6 Does the Stormwater Management Program list the jurisdictional and MS4 service area in square miles? Does the Stormwater Management Program briefly describe the composition of the existing MS4 system (pipes, ditches, sheet flow, etc.) and state of maintenance of the system? ❑X ❑ ❑ 0 ❑ ❑ This narrative should give the reader a general feel for how stormwater is transported to receiving streams and the kind of maintenance activities being performed. Does the Stormwater Management Program include an estimate of the percentage of the MS4 service area that is under residential, commercial, industrial, and open space land use? Does the Stormwater Management Program briefly explain the methodology used to determine the land use estimates? 1.7 Does the Stormwater Management Program indicate whether or not the permittee's MS4 discharges into a body of water or receiving stream with a Total Maximum Daily Load allocation established by the Environmental Protection Agency or the NCDENR? 0 ❑ ❑ l ❑ ❑ 0 ❑ ❑ SWMP Assessment Page 6 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 2.0 Table of Receiving Streams Yes No NIA 2.1 Does the table list the primary streams that receive stormwater runoff from ❑X the MS4 jurisdictional area? Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. 2A For each stream, are the water quality classification(s) and the NCDENR ❑X ❑ ❑ Use Support Rating listed? The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. 2.2 Does the table briefly identify any specific water quality issues identified in ❑X ❑ ❑ the most recent NCDENR river basin water quality plan, 303(d) List or identified at the local level? Issues can include specific pollutants of concern, pollutant sources, threatened and endangered species or habitats, and activities of concern, etc. 2.3 information Sources River basin the permittee is in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm Stream Index Numbers: http://h2o.enr.state.nc,us/bims/Reports/reportsWB.htmI Water Quality Classifications: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html Basinwide Water Quality Plans: http://h2o.enr.state.nc.us/basinwide/index.html 303(d) List: http://h2o.enr.state.nc.us/mtu/download.htmI 3.0 Existing Water Quality Programs Yes No NIA 3A Does the Stormwater Management Program list and briefly describe the El ❑ ❑ existing water quality programs that are implemented by the permittee within the MS4 service area? This includes such programs as Water Supply Watershed Protection, delegated Erosion and Sediment Control, Local Nutrient Sensitive Waters Strategy, Land Use Plans, etc. 3.2 Does the Stormwater Management Program list existing programs that are ❑X ❑ ❑ implemented by the state within the M34 service area? These include programs such as CAMA, State Stormwater Management, Erosion and Sediment Control, Riparian Buffers, etc. SWMP Assessment Page 7 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 4.0 Permitting Information Yes No NIA 4.1 Does the Stormwater Management Program provide a list or table of each 01313 measurable goal and the contact information for the person and/or position responsible for implementation of each goal listed? Contact information for positions must include the name, position or title, a contact phone and fax number, and e-mail address. 4.2 Does the Stormwater Management Program provide an organizational chart ❑X that shows where the responsible parties fit into the structure of the permittee's organization? 4.3 Have the application and permit application report been signed by a 0 principal executive officer, ranking elected official or duly authorized representative? Does the Stormwater Management Program provide the name, position and a brief explanation of why the signing official is the appropriate person to sign the permit application? 4.4 If the permittee has delegated the permit application responsibility to 0 someone other than the signing official, does the Stormwater Management program provide documentation that the person is duly authorized? A person is only a duly authorized representative for matters concerning the NPDES stormwater application and permit if: • The authorization is made in writing by a principal executive officer or ranking elected official; • The authorization is approved through board action by an appropriate body such as City or Town Council, County Commissioners or similar authority; • The authorization specifies either an individual or a position having overall responsibility for env iron mental/stormwater matters; and ■ The written authorization is submitted to the Director along with the Stormwater Management Program Plan. SWMP Assessment Page 8 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 5.0 Co -Permitting Information (if applicable) Yes No NIA 5.1 Does the Stormwater Management Program list the name of each MS4 ❑ ❑ ❑X ownerloperator and the responsible party contact information for each MS4 applying for the co -permit? 5.2 Does the Stormwater Management Program list any existing individual ❑ ❑ ❑X NPDES stormwater permits that an M34 may hold? 5.3 Does the Stormwater Management Program provide documentation of the ❑ ❑ ❑X legally binding agreement? As a co-permittee, all cooperating M54s will be permitted as responsible parties in the permit. The specific responsibilities of each participating MS4 should be clearly established through a legally binding inter -local agreement or establishment of a regional stormwater authority. 5.4 Does the Stormwater Management Program clearly define the M responsibilities of each co -permitting MS4 under the NPDES stormwater permit? 5.5 Does the Stormwater Management Program identify contract operations ❑ ❑ ❑X (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? 6.0 Reliance on other government entity to satisfy one or more permit Yes No NIA obligations (if applicable) 6.1 Does the Permittee rely on other government entities to satisfy one or more permit obligations? 6.2 Does the Stormwater Management Program provide the following El ❑ ❑ information on each entity and the permit obligation: • Name of the entity ■ Element to be Implemented ■ Contact Information for the Responsible Party including: Name, Address, and Phone Number ■ Is a legal agreement in place to establish the relationship and responsibilities of both parties? Under 40 CFR Section 122.35 (a), the Phase II permittee has the option of relying on other entities already performing one or more of the minimum control measures, provided that the existing control measure, or component thereof, is at least as stringent as the Phase it rule requirements. In such a case, the permittee would not need to implement the particular measure, but would still be ultimately responsible for its effective implementation. For this reason, the permittee should enter into a legally binding agreement with the other entity. If the permittee chooses to rely on another entity, they must note this in their permit application and subsequent reports. SWMP Assessment Page 9 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1 Public Education and Outreach Yes No NIA 7.1.1 Does the Stormwater Management Program provide a table that 0 summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.1.2 Does the Stormwater Management Program explain the target audiences 0 El El likely to have significant storm water impacts (including residential, commercial, industrial and institutional entities) and why those target audiences were selected? 7.1.3 Does the Stormwater Management Program explain what target pollutant 0 sources the permittee's public education program is designed to address and why those sources are an issue for the permittee's MS4? 7.1.4 Does the Stormwater Management Program explain the permittee's 1K outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? a. Does the Stormwater Management Program incorporate outreach Q elements for significant minority and disadvantaged communities? b. Has the permittee developed general stormwater educational material 0 to appropriate target groups likely to have a significant stormwater impact? c. Does general stormwater educational material include information on the following topics: 1. Household Hazardous Waste 0 2. Pet Waste El 3. Septic Systems 0 4. Lawn and Gardening 5. Vehicle Washing ❑ ❑ G. Erosion 7. Stream Buffers 8. Flooding 9. Litter El Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. SWMP Assessment Page 10 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. d. List any additional topics not identified above. 1. 2. 3. 4. 5. 6. Yes No NIA e. Does the permittee's outreach program include: 1. Distributing printed educational material to general public through ❑X ❑ utility mail outs? 2. Distributing printed educational material to general public through 11 El special events (i.e., Information booth at festivals and fairs)? 3. Distributing printed educational material to business 1 industry? ❑ 0 0 4. Presentations to local community groups? Q El 11 5. Stormwater programs/presentations for elementary or middle 7 schools? 6. Local TV or radio spots? El 71 7. Print Media - Ads 1 Articles 1 Newsletters? 0 8. Posters? 0 9. Storm drain stenciling El 10. Other environmental education programs (i.e., Designate a "Keep El El FX-1 SW Clean" month)? 11. Workshops 0 12. Stream basin signage? El El 0 f. Has the permittee developed an internet web site for newsletter articles 0 on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? g. Permittee's website address, Fwww-towllofnionlreat.org h. Does the permittee maintain an internet web site for newsletter articles �9 ❑ on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? SWMP Assessment Page 11 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 j Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.5 Does the Stormwater Management Program document the permittee's 11❑ decision process for the development of a storm water public education and outreach program? The permittee's rationale statement must address the permittee's overall public education program and the individual BMPs, measurable goals and responsible persons for the permittee's program. 7.1.6 Does the Stormwater Management Program explain how the permittee ❑X will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.1.7 Classroom Outreach a. The number of educational materials distributed to schools. NIA b. The number of schools that participate in municipal -sponsored storm NIA water workshops or activities. c. The number of students that participate in municipal -sponsored NIA storm water workshops or activities. d. The number of workshops held for teachers. NIA e. The number of certificates or other rewards given out to schools, NIA classes, or students participating in storm water education. f. The number of students receiving storm water education as a regular NIA part of the school curriculum. 7.1.8 Displays, Signs, Presentations, Welcome Packets, and Pamphlets a. The number of stormwater related materials distributed. -20-25 b. The number of stormwater related displays at special events or 3 meetings. c. The number of people at events who saw the display or took a 30 pamphletlbooklet. d. Number of new homeowner welcome packets containing storm- 0 water -related information. e. The number of signs and billboards with stormwater related NIA messages. f. The number of stormwater related presentations at special events or 3 meetings SWMP Assessment Page 12 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.9 Commercial Outreach a. The number of educational materials that were distributed to NIA business owners and operators. b. The number of businesses trained under the stormwater program. NIA 7.1.10 Lawn and Garden Activities a. The number of partnerships established with local lawn care 0 businesses. b. The number of municipal employees trained in proper lawn care 0 practices. c. The number of homeowners that attend training workshops for 0 lawn/garden care BMPs. d. A survey of homeowners about their lawn care behavior before and 0 after message is delivered. e. The number of requests for soil testing. 0 f. The number of certified or licensed pesticide applicators (personal). NIA g. The number of certified or licensed pesticide applicators (contractors). NIA 7.1.11 Pet Waste Management a. The number of "clean up after your pet" signs posted in parks and NIA neighborhoods. b. The number of dog -walking designated areas in parks. NIA c. The number of posters/brochures put up in pet supply stores. NIA d. The number of educational materials given out to pet owners. NIA 7.1.12 Promotional Giveaways a. The number of items given out. NIA b. The number of events attended (to give out items). NIA c. The number of partnerships for promotions (radio, TV, Businesses. NIA 7.1.13 Proper Disposal of Household Hazardous Waste a. The number of household hazardous waste curbside pickup days. NIA b. The number of educational materials distributed to homeowners. 25 c. The number of partnerships established with businesses. NIA SWMP Assessment Page 13 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.14 Outreach Programs to Minority and Disadvantaged a. The number of brochures/posters created in non-English languages. NIA b. The number of educational materials distributed in non-English NIA languages. c. The number of partnerships established with minority organizations. NIA d. The number of educational materials distributed to low-income NIA neighborhoods. e. Attendance at workshops or public meetings held in low-income or NIA minority neighborhoods. 7.1.15 Trash Management a. Trash removed from conveyance systems and receiving waters during - 9 cleanup campaigns (in tons). b. The number of structural trash controls installed. Q c. The number of additional trash bins installed and signage posted. Q 7.1.16 Using the Media a. The number of public service announcements made on radio and TV. Q b. The number of stormwater related press releases/advertising Q c. The number of stormwater related articles published. p 7.1.17 Water Conservation for Home Owners a. The number of partnerships established with local water utilities. NIA b. The number of water conservation or stormwater related utility inserts 61yr that are distributed with utility bills. c. A survey of homeowners about their water conservation behavior p before and after the message is delivered. SWMP Assessment Page 14 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2 Public involvement and Participation Yes No NIA 7.2.1 Does the Stormwater Management Program provide a table that 0 summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.2.2 Does the Stormwater Management Program describe the target audiences ❑x ❑ of the permittee's public involvement program, including a description of the types of ethnic and economic groups engaged? Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. 7.2.3 Does the Stormwater Management Program describe how the permittee will ❑X involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? 7.2.4 Has the permitte provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: a. Public Hearings, stakeholder meetings, or other meetings? ❑X ❑ ❑ b. A Stormwater Steering Committee (or similar advisory group)? ❑X c. Stream clean-up events? ❑X ❑ ❑ d. Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail ❑ ❑ ❑X program? e. Reforestation programs or wetland planting programs? ❑ ❑ ❑X f. A stormwater hotline? ❑X ❑ ❑ g. Volunteer monitoring programs? El ❑X ❑ h. Storm drain stenciling? N1 ❑ 11 i. Encourage neighborhood coordinators to become active in the ❑X program? j, Regional workshops? ❑X ❑ ❑ k. Telephone/Web/Mall surveys? ❑ 0 1. Working with citizen volunteers willing to educate others about the ❑ X❑ ❑ program? SWMP Assessment Page 15 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2.5 Does the Stormwater Management Program document the permittee's a decision process for the development of a storm water public involvement/participation program? The permittee's rationale statement must address the permittee's overall public involvemenUparticipation program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.2.6 Does the Stormwater Management Program explain how the permittee ❑X ❑ ❑ will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.2.7 Adapt -A -Stream Program a. The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt - a -highway or Adopt -a -trail programs. b. The quantity of trash and debris removed by Adopt -A -Stream, Adopt - a -drain, Adopt -a -highway or Adopt -a -trail volunteers. 7.2.8 Surveys a. The number of citizens solicited to complete surveys. b. The number of completed surveys. 7.2.9 Hotlines a. The number of calls received by a hotline(s). b. The number of problems/incidents remedied as a result of hotline calls. 7.2.10 Reforestation Programs a. The number of volunteer tree planters. b. The number of trees planted. c. The number of acres planted with trees. 7.2.11 Public Hearings, stakeholder meetings, or other meetings a. The number of meetings held. b. The number of attendees. c. The number of actions taken as a result of stakeholder meetings. NIA NIA NIA NIA NIA NIA NIA NIA SWMP Assessment Page 16 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT lReporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or. not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2.12 Storm Drain Stenciling a. The percent of drains stenciled. 100% b. The number of stenciling volunteers. p c. The number of drains stenciled. 0 7.2.13 Stream Cleanup a. The number of stream cleanups. 3 b. The number of cleanup participants. -85 c. The quantity of waste collected as a result of cleanup efforts (in tons). *18 d. The number of stream miles cleaned. <1 7.2.14 Volunteer Monitoring a. The number of volunteers participating in monitoring programs. NIA b. The frequency of monitoring in the watershed (D-Daily, W-Weekly, B- NIA Bimonthly, M-Monthly, Q-Quarterly and A -annually). c. The number of volunteer monitoring stations established in the NIA watershed. d. The number of volunteer monitoring training sessions held. NIA e. The number of actions that were taken as a result of the monitoring NIA data -collected by volunteers. 7.2.15 Wetland Plantings a. The acres of land planted. NIA b. The number of volunteers that participated in planting. NIA c. The number of planting events held. NIA SWMP Assessment Page 17 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT �.Reporfing Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3 Illicit Discharge Detection and Elimination 7.3.1 Does the Stormwater Management Program provide a table that summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.3.2 Stormwater Map Yes No NIA a. Does the Stormwater Management Program describe how and when ❑X ❑ ❑ the permittee will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? b. Does the Stormwater Management Program describe the sources of information for the maps, and how the permittee plans to verify the outfall locations? c. If already completed, does the Stormwater Management Program 01--113 describe how the permittee developed this map? d. Does the Stormwater Management Program describe how the ❑X ❑ ❑ permittee's map will be regularly updated? e. Does stormwater mapping include drainage areas? ❑X ❑ ❑ f. Does stormwater mapping include receiving streams? ❑X g. Does stormwater infrastructure mapping include outfalls? ❑X ❑ h. Estimated or actual number of outfalls. 125 i. Does stormwater infrastructure mapping include sewer pipes? El 0 El j. Does stormwater infrastructure mapping include structures (e.g., El detention ponds and other structural BMPs? k. Estimated or actual number of structural BMPs? 8 I. Percent of outfall mapping complete. 100% SWMP Assessment Page 18 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.3 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? If the permittee needs to develop this mechanism, does the Stormwater Management Program describe the permittee's plan and a schedule to do so? 7.3.4 Does the Stormwater Management Program describe the permittee's plan 0 to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? 7.3.5 Does the Stormwater Management Program describe the permittee's plan 0 to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: ■ Procedures for locating priority areas. ■ Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. • Procedures for removing the source of the illicit discharge. • Procedures for evaluation of the plan to detect and eliminate illicit discharges. SWMPAssossment Page 19 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.6 Does the Stormwater Management Program address the following ❑X categories of non -storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permittee's small MS4: water line flushing; • landscape irrigation; ■ diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; ■ air conditioning condensate (commercial/residential); ■ irrigation waters (does not include reclaimed water as described in 15A NCAC 21-1.0200); ■ springs; • water from crawl space pumps; ■ footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; ■ dechlorinated swimming pool discharges; street wash water; ■ flows from emergency firefighting. The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittee) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive water bodies, BMPs). 7.3.7 Does the Stormwater Management Program document local controls or ❑X ❑ conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? 7.3.8 In addition to conducting "training for selected staff on detecting and ❑x El reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? 7.3.9 Does the Stormwater Management Program describe how this will 21 ❑ ❑ coordinate with the permittee's public education minimum measure and the permittee's pollution prevention/good housekeeping minimum measure programs? SWMP Assessment Page 20 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.10 Does the Stormwater Management Program document the permittee's X❑ decision process for the development of a storm water illicit discharge detection and elimination program? The permittee's rationale statement must address the permittee's overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.3.11 Does the Stormwater Management Program explain how the permittee will ❑X ❑ 13 evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.3.12 Does the Stormwater Management Program establish and publicize a ❑X ❑ ❑ reporting mechanism for the public to report illicit discharges? 7.3.13 Does the Stormwater Management Program establish an illicit discharge ❑X ❑ ❑ management tracking system? 7.3.14 Does the Stormwater Management Program establish a stormwater incident ❑X ❑ response program? 7.3.15 Does the Stormwater Management Program provide for an illicit discharge ❑X brochure, poster or other educational material development and distribution? 7.3.16 Does the Stormwater Management Program provide for a septic system ❑X El 11 program in conjunction with the Health Department? 7.3.17 Does the Stormwater Management Program provide street sweeping, ❑ ❑ 0 inspecting and cleaning inlets and outfalls? 7.3.18 Does the Stormwater Management Program establish procedures to ❑X coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? 7.3.19 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? 7.3.20 Does the Stormwater Management Program establish a Household Waste ❑ ❑X ❑ Recycling Program? SWMP Assessment Page 21 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.21 Septic Systems a. Percent of population on septic systems. <1 b. The number of regular maintenance and inspection reminders issued 0 to tank owners. c. The number of partnerships formed with private pumping companies. 0 d. The number of post construction inspections conducted to insure Q proper installation. e. The number of scheduled pump -outs and routine maintenance work 0 conducted. 7.3.22 Identifying Illicit Connections a. The number of sites prioritized for inspection. Q b. The number of illicit connections reported by citizens. Q c. The number of illicit connections found. Q d. The number of illicit connections repaired/re placed. Q e. The number of illicit connection referrals. Q 7.3.23 Illegal Dumping a. The number of fliers, posters, or other public education tools 25 distributed. b. The number of illegal dumps reported by citizens. 1 c. The number of penalties enforced upon the participants of illegal Q dumps. d. The number of illegal dump or sit -out clean-ups completed. 1 e. The number of illegal dump or sit -out referrals to Division of Water Q Quality. 7.3.24 Industrial or Business Connections a. The number of dry weather testslinspections completed. NIA b. The number of high -risk connections prioritized. NIA c. The number of illicit connections reported by employees or NIA businesses. d. The number of illicit connections found. NIA e. The number of illicit connections repaired/replaced. NIA SWMP Assessment Page 22 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.25 Recreational Sewage a. The number of pump -out stations. b. The number of no -discharge areas created. c. The number of new signs added to inform users of dumping policies and alternatives. d. The number of enforced cases of recreational dumping. e. The number of citizen complaints made reporting illegal action. 7.3.26 Sanitary Sewer Overflows (SSO) a. The number of overflows reported. b. The number of overflow causes that were identified during inspections. c. The number of sites repaired. 7.3.27 Wastewater Connections to the Storm Drain System a. The number of rerouted connections. b. The number of dry weather monitoring activities performed. c. The number of unwarranted connections reported. d. The number of unwarranted connections found. e. The number of unwarranted connections repairedlreplaced. NIA NIA NIA NIA NIA SWMPAssessment Page 23 of 41 Six Minimum Measures 1 1 1 1 STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4 Construction Site Stormwater Runoff Control Yes No NIA 7.4.1. Does the permittee rely on the NCDENR Division of Land ❑X Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure? (If no, go to 7.4.2) If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. 7.4.2. Does the permittee rely on rely on a locally delegated program to 0 meet these requirements? (If no, go to 7.4.3) a. If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government, to see if the site is in compliance? b. If the permittee relies on a local government to comply with this El 0 0 minimum measure, does the permittee monitor the local government program for effectiveness in the permittee jurisdiction? c. If the permittee relies on a local government to comply with this ❑ 0 0 minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? d. if the permittee relies on a local government to comply with this El ❑ Q minimum measure, does the permittee monitor follow-up action by that local government? e. if the permittee relies on a local government to comply with this El El Q minimum measure, does the permittee maintain a record of findings and follow-up procedures? f. If the permittee relies on a local government to comply with this 0 minimum measure, does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. SWMP Assessment Page 24 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 j Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.3. Does the permittee have a delegated program to meet the 0 requirements of an Erosion and Sediment Control Program? (If no go to 7.4.4) a. Does the Stormwater Management Program provide a table that 0 summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? b. Does the Stormwater Management Program describe the mechanism 0 (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. c. Does the Stormwater Management Program describe procedures for 0 El 11 site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. d. Does the Stormwater Management Program describe the permittee's Q plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. e. Does the Stormwater Management Program describe the permittee's 0 procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? f. Does the Stormwater Management Program explain the permittee's Q procedures for the receipt and consideration of information submitted by the public? Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. SWMP Assessment Page 25 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. g. Does the Stormwater Management Program document the permittee's ❑X ❑ ❑ decision process for the development of a construction site stormwater runoff control program? h. Does the Stormwater Management Program explain how the permittee ❑X ❑ ❑ will evaluate the success of this minimum measure, including measurable goals for each of the BMPs? i. Does the Stormwater Management Program require construction site ❑X ❑ operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? j. Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? 7.4.4 Does the permittee provide and promote a means for the public to notify the 0 appropriate authorities of observed erosion and sedimentation problems? The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. 7.4.5 Training and Certification a. The number of training and certification programs offered. 3 b. The number of trained inspectors. c. The number of certified inspectors. d. The number of certified contractors. 2 7.4.6 Inspection and Enforcement a. The number of construction starts greater than one acre. 0 b. The number of construction site inspections completed. 0 c. The number of failed storm water BMPs noted during the inspection(s). 0 d. The number of BMPs reported to be in need of repair. 0 e. The number of inadequate sites/plans reported by inspectors. 0 f. The number of non -compliant permits reported. Q g. The number of enforcement actions taken. Q h. The number of stop work orders given, p i. The number of bonding requirements set. Q j. The number of complaints/concerns received from public. p SWMP Assessment Page 26 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.7 Inspections a. The number of construction sites inspected with brush barriers. 0 b. The number of construction sites inspected that have check dams. p c. The number of construction sites inspected that use chemical stabilization. 0 d. The number of construction sites inspected that practice sequencing. p e. The number of construction sites inspected with filter berms. Q f. The number of construction sites inspected that use geotextiles. Q g. The number of construction sites inspected that use gradient terraces. 0 h. The number of construction sites inspected that use grass -lined channels. a i. The number of construction sites inspected that use land grading practices. 0 j. The number of construction sites inspected that use mulching. Q k. The number of construction sites inspected that use permanent diversions. Q 1. The number of construction sites inspected that use permanent seeding. 0 m. The number of construction sites inspected that preserve natural vegetation. Q n. The number of construction sites inspected that use riprap. Q o. The number of construction sites inspected that use sediment filters and Q chambers. p. The number of construction sites inspected that use sediment basins and 0 rock dams. q. The number of construction sites inspected that use silt fences. --3 r. The number of construction sites inspected that use sodding. 0 s. The number of construction sites inspected that use soil roughening. 0 t. The number of construction sites inspected with soil retaining structures. 2 u. The number of construction sites inspected that use storm drain inlet Q protection. v. The number of construction sites inspected that use temporary diversion a dikes. w. The number of construction sites inspected that have temporary slope drains. 0 x. The number of construction sites inspected with vegetated buffers. Q y. The number of construction sites inspected with designated vehicle Q maintenance and washing areas. SWMP Assessment Page 27 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5 Post -Construction Storm Water Management in New Development and Yes No NIA Redevelopment 7.5.1 Does the Stormwater Management Plan provide a table that summarizes 0 ❑ ❑ what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.5.2 Does the Stormwater Management Program describe how the permittee will ❑X develop an ordinance or other regulatory mechanism to implement and enforce a program to address post -construction runoff from new development and redevelopment projects? The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWO prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. 7.5.3 Does the Stormwater Management Program describe how the permittee will ❑X ❑ ❑ ensure the long-term operation and maintenance (O&M) of BMPs? Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. 7.5.4 Does the Stormwater Management Program document the permittee's ❑X ❑ ❑ decision process for the development of a post -construction storm water management program? The permittee's rationale statement must address the permittee's overall post -construction storm water management program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. The rational statement must include the following information, at a minimum: • The permittee's program to address storm water runoff from new development and redevelopment projects. Include in this description any specific priority areas for this program. • How the permittee's program will be specifically tailored for the permittee's local community, minimize water quality impacts, and attempt to maintain pre -development runoff conditions. 7.5.5 Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.5.6 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? SWMP Assessment Page 28 of 41 ❑X ❑ ❑ ONEIR 7 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.7 Do new development and redevelopment codes allow for the following: Yes No NIA a. Bioretention basins? El ❑ ❑ b. Alternative pavers? ❑X ❑ ❑ c. Buffer zones? 0 d. Dry ponds? ❑X 0 El e. Wet ponds? ❑X ❑ ❑ f. Alternatives to curb and gutter? a 11 ❑ g. Grass swales? 0 El ❑ h. Grassed filter strips? ❑X ❑ ❑ i. Green parking lots? ❑x El 11 j. In -line storage systems? 0 k. Infiltration basins? 0 El El I. Infiltration trenches? 1K ❑ ❑ m. Manufactured products installed in storm water inlets? ❑X ❑ ❑ n. Developments and redevelopments that use narrow streets? o. On -lot treatment? 0 p. Open space design? El q. Sand and organic filters? 0 El 0 r. Porous pavement? 0 El El s. Stormwater wetlands? 0 t. Urban forestry? ❑ 0 7 7.5.8 Does the Stormwater Management Program, in coordination with the 0 El 11 County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? 7.5.9 Does the Stormwater Management Program provide training for staff and El El ❑ developers/builders? 7.5.10 The number of land development applicants notified about project designs that minimize water quality impacts. 7.5.11 The number of educational programs for developers and the public about *Q project designs that minimize water quality impacts. (*The Clear Water Contractor program is currently unfunded in our WNC region) SWMP Assessment Page 29 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 J Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.12 BMP Inspection and maintenance Yes No NIA a. Are annual inspection reports required of permitted structural BMPs ❑x 1:1 Cl performed by a qualified professional? b. The number of BMP inspections and/or maintenance activities. 5 c. The number of problems that were identified and remedied. 2 7.5.13 New Development and Redevelopment BMP Summary a. The number of development/redevelopment projects regulated for post- 0 construction stormwater control. b. The number of new development sites that use alternative pavers. 0 c. The number of new commercial and residential bioretention cells 0 installed (technically "rain gardens" wlno engineered media). d. The number of new development sites that use buffers. 0 e. The number of catch basins retrofitted with filtering devices. 0 f. The number of new dry ponds installed. 0 g. The number of new developments without curbs and gutters. 0 h. The number of new grassed swales installed. 0 i. The number of new grassed filter strips installed. 0 j. The number of new green parking lots installed. 0 k. The number of impervious lots converted to green lots. 0 I. The number of basins installed or retrofitted with flow regulators. 0 m. The number of in -line storage systems installed. 0 n. The number of new infiltration basins installed. 0 o. The number of new infiltration trenches installed. 0 p. The number of new developments that use narrow streets. 0 q. The number of lots that use on -lot treatment. 0 r. The number of manufactured products installed in storm water inlets. 0 s. The number of new developments that use open space design 0 principles. t. The number of new development sites that use porous pavement. 0 u. The number of new sand and organic filters installed. 0 v. The number of storm water wetlands created. 0 w. The number of wet ponds installed. 0 x. The number of acres of new development or redevelopment with 0 structural stormwater controls. SWMPRssessment Page 30 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.14 Evaluation of Post -construction Stormwater Management Program Measures Model Practices: For those areas within the jurisdictional area of the Yes No NIA permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: 1. Does the permittee issue local stormwater management permits to ❑x new development or redevelopment projects as either a low density project or a high density project? 2. Do projects permitted as a low density projects meet the following ❑X ❑ ❑ criteria: • No more than two dwelling units per acre or 24% built -upon area; and, ■ Use of vegetated conveyances to the maximum extent practicable? 3. Do projects permitted as high density projects meet the following F requirements: The stormwater control measures control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume draw - down time must be a minimum of 24 hours, but not more than 120 hours; All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); 4. Are deed restrictions and/or protective covenants required by the 0 ❑ ❑ locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? 5. Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? b. Watershed Protection Plans: Has the Permittee developed, adopted, ❑X ❑ ❑ and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? SWMP Assessment Page 31 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1 — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post - construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. 7.5.14 Additional Requirements for Trout Waters: Has the permittee developed, ❑x adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? 7.5.15 Additional Requirements for Nutrient Sensitive Waters a. Has the permittee developed, adopted, and implemented an ordinance❑ ❑ ❑ (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? b. Has the permittee developed and included a nutrient application 0❑X ❑ (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program? In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. SWMP Assessment Page 32 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2015 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations Yes No NIA 7.6.1 Does the Stormwater Management Program provide a table that ❑X ❑ ❑ summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible persori or position for implementation? 7.6.2 Does the Stormwater Management Program list the permittee's municipal ❑X ❑ ❑ operations that are impacted by this operation and maintenance program? The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. 7.6.3 Municipal Operations include: Transfer Station Fleet Maintenance Airport Animal Shelters Waste Water Treatment Plan Water Plants Construction Debris Site Transit Authority Public Works Operations Prisons Emergency Service Facilities Fire Stations Landfills Schools Parks Waste Recycling Centers Vehicle Maintenance Operations Vehicle Wash Operations Pump Stations or Lift Stations Other; 0 ❑ ❑ ❑X ❑ 0 ❑ 7 FRI ❑ M ED 0 ❑ ❑ 0 ❑ X❑ FRI FRI ❑ ❑X ❑ 0 ❑ ❑ SWMP Assessment Page 33 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 J Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.4 In addition to conducting staff training on stormwater pollution prevention ❑X ❑ ❑ and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? 7.6.5 Does the Stormwater Management Program describe any existing, available ❑X materials the permittee plans to use? 7.6.6 Does the Stormwater Management Program describe how this training ❑X ❑ ❑ program will be coordinated with the outreach programs developed for the public information minimum measure and the illicit discharge minimum measure? 7.6.7 Does the Stormwater Management Program describe maintenance 0 ❑ ❑ activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? 7.6.8 Does the Stormwater Management Program describe the permittee's ❑X ❑ ❑ controls for reducing or eliminating the discharge of pollutants from municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas, and salt/sand storage locations and snow disposal areas permittee operate? 7.6.9 Does the Stormwater Management Program describe the permittee's N1 ❑ Cl Procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? 7.6.10 Does the Stormwater Management Program describe the permittee's ❑X ❑ ❑ procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects are assessed for incorporation of additional water quality protection devices or practices? SWMP Assessment Page 34 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period j 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.11 Does the Stormwater Management Program describe the permittee's ❑X ❑ ❑ decision process for reviewing existing ordinances for possible modification to address Stormwater issues? 7.6.12 Does the Stormwater Management Program document the permittee's 0 ❑ ❑ decision process for the development of a pollution preventionlgood housekeeping program for municipal operations? The permittee's rationale statement must address the permittee's overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.6.13 Does the Stormwater Management Program explain how permittee will 0 ❑ ❑ evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.6.14 Industrial Activities Yes No NIA a. Did the permittee conduct annual review of the industrial activities with a ❑ ❑ Phase I NPDES Stormwater permit owned and operated by the permittee? b. Did the permittee review the Stormwater Pollution Prevention Plan, the ❑ ❑ ❑X timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. 7.6.15 Does the permittee have an O&M plans for facilities? ❑X ❑ ❑ 7.6.16 Did the permittee develop a right of way inspection/maintenance program? ❑X ❑ ❑ 7.6.17 Does the permittee have a Used Oil Recycling Program? ❑ ❑x ❑ 7.6.18 Does the permittee have a street sweeping program? ❑ Q ❑ 7.6.19 Does the permittee have a program to clean catch basins, storm lines, and ❑ ❑ ditches? 7.6.17 Does the permittee review fertilizer and pesticide use programs? 7.6.18 Does the permittee have spill prevention plans at city facilities? ❑ ❑ 191 0 ❑ ❑ SWMP Assessment Page 35 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.19 City Facilities Inspections Yes No NIA a. Does the permittee inspect vehicle washing fueling, storage and ❑X maintenance areas? b. Does the permittee inspect material storage areas (i.e., ❑X ❑ ❑ storage areas for sand, salt, fertilizers, pesticides and other chemicals)? c. Does the permittee inspect stormwater outfalls? d. Does the permittee inspect culverts? 0 e. Does the permittee inspect swaleslditches? 0 f. Does the permittee inspect catch basins, inlets, and grates? 0 g. Does the permittee inspect MS4 pipes? h. Does the permittee inspect solid and hazardous waste management 0 facilities and recycling centers? i. Does the permittee inspect animal shelters and pounds? 7 j. Does the permittee inspect parking lots? 0 k. Does the permittee inspect parks and open spaces? El El 0 I. The number of inspections conducted. 31yr 7.6.20 Alternative Products a. The number of educational materials distributed on alternative NIA products? b. The number of consumers surveyed who have increased their use of NIA alternative products. 7.6.21 Alternative Discharge Options for Chlorinated Water a. The number of pool owners informed of the options for discharging 0 chlorinated water. b. The number of enforcement actions pertaining to pool water 0 discharges. SWMP Assessment Page 36 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.22 Automobile Maintenance a. The number of employees trained in preventing pollution from NIA automobile maintenance activities. b. The number of sites rewarded as being a "clean site" under a NIA rewards program. c. The number of spills reported. 0 d. The number of educational materials distributed at garages, auto 0 shops, and other automobile -related businesses. 7.6.23 Hazardous Materials Storage a. The total number of storage facilities equipped to store hazardous NIA materials. b. The number of regularly inspected storage units. NIA c. The number of employees trained in hazardous material storage and NIA maintenance. 7.6.24 Illegal Dumping a. The number of "no dumping" signs posted. 0 b. The number of educational materials distributed. 0 c. The number of reports of illegal dumping received. 1 d. The number of dump sites and/or illegal sit -outs cleaned up. 1 e. The number of sites improved to eliminate as target dumping spots. 0 f. The number of enforcement actions pertaining to illegal dumping. 0 7.6.25 Landscape and Lawn Care, and Pest Control a. The number of stores/gardens participating in education programs. NIA b. The number of residents trained in safe landscaping, lawn care, and NIA pest management techniques. c. The number of classes/seminars offered in landscaping and lawn NIA care. d. The number of educational materials distributed. NIA e. The number of municipal employees trained in integrated pest 2 management. SWMP Assessment Page 37 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.26 Parking Lot and Street Cleaning a. The number of parking lots. NIA b. The number of scheduled parking lot and/or road cleanings. NIA 7.6.27 Pet Waste a. The number of dog parks. NIA b. The number of "pooper-scooper" stations installed NIA c. The number of educational materials distributed. NIA 7.6,28 Road Salt Application and Storage a. The number of storage facilities included in a regular inspection and maintenance program. b. The number of employees trained in road salt application. 5 c. The quantity of salt applied to roadways (in tons). 0 d. The quantity of alternative products used (in tons). 0.5 7.6.29 Septic Systems a. The number of septic systems. 5 b. The number of systems that are inspected regularly. 5 c. The number of reminder and educational fliers distributed. 0 d. The number of people trained in inspection and installation of septic Q systems. e. The number of failed septic systems. Q 7.6.30 Spill Response and Prevention a. The number of leak detection devices installed at municipal facilities. 0 b. The number of preventative maintenance procedures performed on 0 tanks, valves, pumps, pipes, and other equipment. c. The number of personnel trained in spill response. 5 d. The number of regularly inspected high -risk facilities. Q e. The number of educational materials distributed to municipal 2 employees. SWMP Assessment Page 38 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2015 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.31 Storm Drain System Cleaning a. The number of outfalls cleaned regularly. b. The number of storm drains cleaned regularly. c. The amount of trash, sediment, and other pollutants removed during cleaning (in tons). 7.6.32 Used Oil Recycling a. The number of gallons of used oil collected from municipal operations. b. The number of recycling facilities that collect oil from municipal operations. c. The number of educational materials distributed to municipal employees. 7.6.33 Vehicle Washing a. The number of educational materials distributed to municipal employees. b. The number of designated municipal vehicle washing areas. SWMP Assessment Page 39 of 41 125 66 0.8 NIA NIA NIA NIA NIA Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12015 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 8.0 Program Accomplishments 8.1 The number of stormwater management position Q created/staffed. 8.2 Total annual budget (excluding Capital Improvement $0 Projects) for the NPDES stormwater management program for the reporting year. 8.3 The number of Capital Improvement Projects planned. Q 8.4 The number of Capital Improvement Projects active. 0 8.5 The number of Capital Improvement Projects completed. 0 8.6 Total annual budget (excluding Capital Improvement $0 Projects) for the NPDES stormwater management program for the reporting year. 9.0 Ordinance, Legal or Regulatory Authority Reviewed Drafted Adopted 9.1 Illicit Discharge Detection & Elimination 9.2 Erosion & Sediment Control 0 9.3 Post -Development Stormwater Management IK 9A Stormwater Ordinance ❑ ❑ FRI 9.5 Unified Development Ordinance 9.6 Flood Damage Protection Ordinance Q 9.7 Other: Hillside Development Ordinance (Steep Slope) 0 9.8 Other: 9.9 Other: SwMPAssessment Page 40 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Root Causes Internal and external assessments identify Phase II program deficiencies and associated opportunities for improvement. Systemic causes of problems within the Phase 11 programs may be identified through root cause analysis. Review those questions that you have indicated are not applicable to determine if they if they deserve further consideration. For those requirements that are being met, give your staff a pat on the back. For those that are not being met, determine the root causes of Phase II program deficiencies. Root causes include: • Unclear or conflicting federal, state, county or local Requirements • Insufficient staff ■ Insufficient funding • Insufficient resources (including equipment, tools, funding and staff) ■ Lack of or inadequate plans, procedures or guidelines ■ Plans, procedures, or guidelines are not current ■ Failure to implement plans, procedures or guidelines • Insufficient or inadequate training • Insufficient or inadequate record keeping and reporting • Inadequate authority • Failure to enforce authority • Inadequate response or cooperation from federal, state, or local agencies Plan of Action The permittee should develop corrective or preventive actions that address the root causes of problems and seek to prevent the recurrence of Phase II Program deficiencies. Root causes may often indicate shortcomings in the underlying management system; management system -related causes of non- compliance indicate opportunities for improvement of the Phase II Program. In addition to responsibilities for periodic review of the Phase II Program, top management personnel are also responsible for approving corrective/ preventive actions developed to solve identified problems or deficiencies. Management review and approval of recommended solutions constitutes "buy -in" and significantly enhances the effectiveness of solutions that are implemented. After preventive and corrective actions have been developed and approved, they must be implemented to support continuous improvement. Solutions designed to solve the causes rather than the symptoms of compliance or management system deficiencies contribute to long-term enhancement of the Phase 11 Program. SWMP Assessment Page 1 of 1 Root Cause and Plan of AcYon 4 December 30, 2014 Mike Randall Division of Water Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Mr. Randall: Please find the enclosed 2014 Phase I1 MS4 Stormwater Management Program Assessment for Permit #: NCS000430. IN urs trul Q . y JAN 0 5 20i5 i . Currie, CFM, CZO D6MR Building Inspector/Code Administrator aot & BUF�R ESOURr Town of Montreat ERMrlTfP Enclosures: 2014 Phase 11 MS4 Stormwater Management Program Assessment for Permit #: NCS00043O I P. 0. Box 423, Montreat, NC 28757 TELEPHONE: (828) 669-8002 FAX: (828) 669.3810 WEBSITE: www,townofmontreat.org Phase II MS4 Stormwater Management Program Assessment Reporting Period 12014 1 Permit No.: NCS000430 I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Montreat b. Ownership Status (federal, state, or local)__Local c. Type of Public Entity (city, town, county, pdson, school, etc.) Town d. County(s) Buncombe e. DENR Regional Office Asheville f. Jurisdictional Area (square miles) 3.87 g. Population Permanent 690 Seasonal (if available) 3,000 (+/-) h. Ten-year Growth Rate 1, 76 i. Located on Indian Lands? ❑ Yes ®No II. RPE 1 MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 3.87 b. River Basin(s) Swannanoa (not within jurisdiction c. Number of Primary Receiving Streams 1 — Flat Creek d. Estimated percentage of jurisdictional area containing the following four land use activities 1. Residential 90% 2. Commercial N/A 3. Industrial N/A 4. Open Space 10% Total = 100% e. Are there significant water quality issues? U Yes No f. Do you have an inventory of storm water inlets, pipes, ditches, and open channels? ® Yes ❑ No g. Do you know how many outfalls your city discharges to and where they are located? ® Yes ❑ No h. Do you know who else is discharging storm water into your system? ® Yes ❑ No i. Do you know the major pollutant sources in your city (industrial, commercial, residential)? ® Yes ❑ No SWMP Assessment Page 1 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 2014 1 Permit No.: NCS000430 Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. III. EXISTING LOCAL WATER QUALITY PROGRAMS Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. River Basin Receiving Stream Water Quality Use Support Water Quality Issues Stream Name Segment Classification Ratin Flat Creek Headwaters C; HQW 3c None Big Piney Upper NW C; HQW 3c None Branch into Flat Creek Kitchen Branch South of C 3c None Sourwood Gap into Flat Creek Un-Named East lower Unrated 3c None Tributaries area below Little Piney Branch a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No e. TMDL ❑ Yes ® No f. Threatened and Endangered Species or Habitat ® Yes ❑ No Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. For each stream, list the water quality classification(s) and the NCDENR Use Support Rating. The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. Your river basin table should also briefly identify any specific water quality issues identified in the most recent NCDENR river basin water quality plan, 303(d) List or identified at the local level. Issues can include specific pollutants of concern, pollutant sources and activities of concern, etc. SWMP Assessment Page 2 of 4 Background Information Phase 11 MS4 Stormwater Management Program Assessment Reporting Period 12014 1 1 Permit No.: NCS000430 IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co - permitting.) a. Do you intend to co -permit with a ❑ Yes ® No permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit with Cl Yes ® No another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS If more than one, attach additional sheets. a. Do you intend for another entity to perform one or more of your permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Black Mountain Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Steve Jones • Contact Address 106 Montreat Road, Black Mountain, NC 28711 • Contact Telephone Number (828) 669-8074 c. Are legal agreements in place to establish responsibilities? ® Yes ❑ No VI. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received and/or applied for under the following programs. a. RCRA Hazardous Waste Management NIA Program b. UIC program under SDWA NIA c. NPDES Wastewater Discharge Permit NIA Number d. Prevention of Significant Deterioration N/A PSD Program a. Non -Attainment Program N/A f. National Emission Standards for Hazardous N/A Pollutants (NESHAPS) pre -construction approval h. Dredge or fill permits under section 404 of N/A CWA SWMP Assessment Page 3 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 12014 1 Permit No.: NCS000430 VI1. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position, and include documentation of the delegation action through board action. a. Name of person to which permit authority has David Currie been delegated b. Title/position of person above Building Inspector/Code Administrator Vlll. SIGNING OFFICIAL'S STATEMENT I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. ! am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. 0. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810 E-Mail inspections@townofmontreat.org IX. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program, Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. 0. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810 E-Mail inspections@townofmontreat.org Permittee's Web site townofmontreat.org SWMP Assessment Page 4 of 4 Background Information STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 1 Permit No.: NCS000430 X. BMPs —Yes Do you plan to add any new BMPs? ----FM ❑ No Do you plan to amend any existing BMPs? I ® Yes ❑ No If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. BMP Measurable Goals YR YR YR YR YR Responsible 1 2 3 4 5 Position/Part Sal. Stormwater Capture the water -quality storm event flow along the X X Public Works (O&M) - Detention/Infiltration Chamber - northeastern edge of this intersecribn and detain the Steve Freeman Virginia Rd./Mississippi Rd. volume, allowing gradual infiltration, a visible reduction Code Administrator - lntersection. in stcnrmwater flow to the receiving stream should be David Currie noted at this location. COMPLETED Stormwater Detention Convey a significant portion of the stormwater exiting X X Public Works (O&M) -- Basin - South Carolina Terrace. along the lower edge of this section of roadway, detain Steve Freeman the WQ volume, allowing gradual infiltration, a visible Code Administrator - reduction in erosion/shoulder deterioration should be David Currie noted at this location. COMPLETED Nan Structural: Creation of a Receive sufficient revenue from utility such that after X Finance Officer - Stormwater Utility to fund first five-year permit cycle at least 50% of stormwater Stefen Stackhouse stormwater O & M and infrastructure maintenance/improvement costs are Code Administrator - improvements funded. RFQ SENT OUT 6/ 1/ 14 - ACTION David Currie DELAYED DUE TO FUNDING SHORTFALL FOR STMWTR. UTILITY STUDY Structural: Stormwater Detention Convey a significant portion of the stormwater exiting X X Public Works (O&M) - Basin - Assembly Drive. along the lower edge of this section of roadway, detain Steve Freeman the WQ volume, allowing gradual infiltration; a visible Code Administrator - reduction in erosion/shoulder deterioration should be David Currie noted at this location. COMPLETED SWMP Assessment Page _ of _ iYew or Revised BMPs STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reportin2 Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 1.0 Stormwater Management Program Yes No NIA 1.1 Does the Stormwater Management Program describe the permanent and ❑ ❑ seasonal population served by the MS4 system? The source of the permanent population data should be listed. Methodology should be provided for any seasonal population estimates, as well as a description of the seasonal calendar. Seasonal population is an indicator of the stress placed on the MS4 during peak demands. 1.2 Does the Stormwater Management Program describe the Growth Rate? ❑X ❑ ❑ The population growth rate for the service area should be calculated based on the simple analysis of the relative change between the US Census population in 1990 and 2000 stated as a percent change, annualized by dividing the percent change by 10. If the permittee's jurisdiction incorporated after 1990, use the based population established at the time of incorporation in place of the 1990 Census number to establish the change in population as a percent change as measured in 2000. More recent population data can be used to document the growth rate, if available. 1.3 1.4 1.5 Does the Stormwater Management Program list the jurisdictional and MS4 service area in square miles? Does the Stormwater Management Program briefly describe the composition of the existing MS4 system (pipes, ditches, sheet flow, etc.) and state of maintenance of the system? ❑X ❑ ❑ ❑X ❑ ❑ This narrative should give the reader a general feel for how stormwater is transported to receiving streams and the kind of maintenance activities being performed. Does the Stormwater Management Program include an estimate of the percentage of the MS4 service area that is under residential, commercial, industrial, and open space land use? Does the Stormwater Management Program briefly explain the methodology used to determine the land use estimates? 1.7 Does the Stormwater Management Program indicate whether or not the permittee's MS4 discharges into a body of water or receiving stream with a Total Maximum Daily Load allocation established by the Environmental Protection Agency or the NCDENR? ❑x ❑ ❑ ❑X ❑ ❑ 21 ❑ ❑ SWMP Assessment Page 6 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 2.0 Table of Receiving Streams Yes No NIA 2.1 Does the table list the primary streams that receive stormwater runoff from ❑X ❑ ❑ the MS4 jurisdictional area? Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. 2.1 For each stream, are the water quality classification(s) and the NCDENR ❑ ❑ Use Support Rating"listed? The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. 2.2 Does the table briefly identify any specific water quality issues identified in 0 ❑ 0 the most recent NCDENR river basin water quality plan, 303(d) List or identified at the local level? Issues can include specific pollutants of concern, pollutant sources, threatened and endangered species or habitats, and activities of concern, etc. 2.3 Information Sources River basin the permittee is in: http:llh2o.enr.state.nc,us/basinwide/whichbasin.htm Stream Index Numbers: http:llh2o.enr.state.nc,uslbjms/Reports/reportsWB.htmi Water Quality Classifications: http:llh2o.enr.state.nc.us/bims/Reports/reportsWB.html Basinwide Water Quality Plans: http:llh2o.enr.state.nc.us/basinwide/index.htmi 303(d) List: http:llh2o.enr.state,nc.us/mtu/download.htmi 3.0 Existing Water Quality Programs Yes No NIA 3.1 Does the Stormwater Management Program list and briefly describe the Q existing water quality programs that are implemented by the permittee within the MS4 service area? This includes such programs as Water Supply Watershed Protection, delegated Erosion and Sediment Control, Local Nutrient Sensitive Waters Strategy, Land Use Plans, etc. 3.2 Does the Stormwater Management Program list existing programs that are 0 El 11 implemented by the state within the MS4 service area? These include programs such as LAMA, State Stormwater Management, Erosion and Sediment Control, Riparian Buffers, etc. SWMP Assessment Page 7 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 4.0 Permitting Information Yes No NIA 4.1 Does the Stormwater Management Program provide a list or table of each ❑X measurable goal and the contact information for the person and/or position responsible for implementation of each goal listed? Contact information for positions must include the name, position or title, a contact phone and fax number, and e-mail address. 4.2 Does the Stormwater Management Program provide an organizational chart ❑X that shows where the responsible parties fit into the structure of the permittee's organization? 4.3 Have the application and permit application report been signed by a ❑ ❑ principal executive officer, ranking elected official or duly authorized representative? Does the Stormwater Management Program provide the name, position and a brief explanation of why the signing official is the appropriate person to sign the permit application? 4.4 If the permittee has delegated the permit application responsibility to ❑ ❑ ❑X someone other than the signing official, does the Stormwater Management program provide documentation that the person is duly authorized? A person is only a duly authorized representative for matters concerning the NPDES stormwater application and permit if: • The authorization is made in writing by a principal executive officer or ranking elected official; ■ The authorization is approved through board action by an appropriate body such as City or Town Council, County Commissioners or similar authority; ■ The authorization specifies either an individual or a position having overall responsibility for env iron mental/storm water matters; and • The written authorization is submitted to the Director along with the Stormwater Management Program Plan. SWMP Assessment Page 8 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 5.0 Co -Permitting Information (if applicable) Yes No NIA 5.1 Does the Stormwater Management Program list the name of each MS4 ❑X owner/operator and the responsible party contact information for each MS4 applying for the co -permit? 5.2 Does the Stormwater Management Program list any existing individual NPDES stormwater permits that an MS4 may hold? 5.3 Does the Stormwater Management Program provide documentation of the ❑ ❑ ❑X legally binding agreement? . As a co-permittee, all cooperating MS4s will be permitted as responsible parties in the permit. The specific responsibilities of each participating MS4 should be clearly established through a legally binding inter -local agreement or establishment of a regional stormwater authority. 5.4 Does the Stormwater Management Program clearly define the ❑X responsibilities of each co -permitting MS4 under the NPDES stormwater permit? 5.5 Does the Stormwater Management Program identify contract operations ❑X (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? 6.0 Reliance on other government entity to satisfy one or more permit Yes No NIA obligations (if applicable) 6.1 Does the Permittee rely on other government entities to satisfy one or more 0 permit obligations? 6.2 Does the Stormwater Management Program provide the following information on each entity and the permit obligation: ■ Name of the entity ■ Element to be Implemented • Contact Information for the Responsible Party including: Name, Address, and Phone Number • Is a legal agreement in place to, establish the relationship and responsibilities of both parties? Under 40 CFR Section 122.35 (a), the Phase II permittee has the option of relying on other entities already performing one or more of the minimum control measures, provided that the existing control measure, or component thereof, is at least as stringent as the Phase II rule requirements. In such a case, the permittee would not need to implement the particular measure, but would still be ultimately responsible for its effective implementation. For this reason, the permittee should enter into a legally binding agreement with the other entity. If the permittee chooses to rely on another entity, they must note this in their permit application and subsequent reports. SWMP Assessment Page 9 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1 Public Education and Outreach Yes No NIA 7.1.1 Does the Stormwater Management Program provide a table that Q summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.1.2 Does the Stormwater Management Program explain the target audiences likely to have significant storm water impacts (including residential, commercial, industrial and institutional entities) and why those target audiences were selected? 7.1.3 Does the Stormwater Management Program explain what target pollutant Q sources the permittee's public education program is designed to address and why those sources are an issue for the permittee's MS4? 7.1.4 Does the Stormwater Management Program explain the permittee's Q outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? a. Does the Stormwater Management Program incorporate outreach El El ❑X elements for significant minority and disadvantaged communities? b. Has the permittee developed general stormwater educational material ❑x ❑ to appropriate target groups likely to have a significant stormwater impact? c. Does general stormwater educational material include information on the following topics: 1. Household Hazardous Waste 2. Pet Waste El 11 El 3. Septic Systems El 4. Lawn and Gardening 0 11 El 5. Vehicle Washing El 6. Erosion 0 7. Stream Buffers 8. Flooding 0 9. Litter Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. SWMP Assessment Page 10 Of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. d. List any additional topics not identified above. 1. 2. 3. 4. 5. 6. Yes No NIA e. Does the permittee's outreach program include: 1. Distributing printed educational material to general public through Z ❑ 13 utility mail outs? 2. Distributing printed educational material to general public through ❑X ❑ ❑ special events (i.e., Information booth at festivals and fairs)? 3. Distributing printed educational material to business 1 industry? ❑ ❑ ❑x 4. Presentations to local community groups? ❑X ❑ ❑ 5. Stormwater program slpresentations for elementary or middle ❑X schools? 6. Local TV or radio spots? ❑ ❑X ❑ 7. Print Media - Ads 1 Articles 1 Newsletters? ❑x ❑ ❑ 8. Posters? ❑ M 9. Storm drain stenciling 0 ❑ 11 10. Other environmental education programs (i.e., Designate a "Keep El El Q SW Clean" month)? 11. Workshops 12. Stream basin signage? 0 f. Has the permittee developed an internet web site for newsletter articles 0 on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? g. Permittee's website address. www.townof-nontreat.org h. Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? SWMP Assessment Page 11 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.5 Does the Stormwater Management Program document the permittee's decision process for the development of a storm water public education and outreach program? The permittee's rationale statement must address the permittee's overall public education program and the individual BMPs, measurable goals and responsible persons for the permittee's program. 7.1.6 Does the Stormwater Management Program explain how the permittee 0 will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.1.7 Classroom Outreach a. The number of educational materials distributed to schools. NIA b. The number of schools that participate in municipal -sponsored storm NIA water workshops or activities. c. The number of students that participate in municipal -sponsored NIA storm water workshops or activities. d. The number of workshops held for teachers. NIA e. The number of certificates or other rewards given out to schools, NIA classes, or students participating in storm water education. f. The number of students receiving storm water education as a regular NIA part of the school curriculum. 7.1.8 Displays, Signs, Presentations, Welcome Packets, and Pamphlets a. The number of stormwater related materials distributed. --35-38 b. The number of stormwater related displays at special events or 3 meetings. c. The number of people at events who saw the display or took a 50 pamphlet/booklet. d. Number of new homeowner welcome packets containing storm- 0 water -related information. e. The number of signs and billboards with stormwater related NIA messages. f. The number of stormwater related presentations at special events or 3 meetings. SWMP Assessment Page 12 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reeorting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.9 Commercial Outreach a. The number of educational materials that were distributed to NIA business owners and operators. b. The number of businesses trained under the stormwater program. NIA 7.1.10 Lawn and Garden Activities a. The number of partnerships established with local lawn care 0 businesses. b. The number of municipal employees trained in proper lawn care 0 practices. c. The number of homeowners that attend training workshops for 0 lawn/garden care BMPs. d. A survey of homeowners about their lawn care behavior before and 0 after message is delivered. e. The number of requests for soil testing. 0 f. The number of certified or licensed pesticide applicators (personal). NIA g. The number of certified or licensed pesticide applicators (contractors). NIA 7.1.11 Pet Waste Management a. The number of "clean up after your pet" signs posted in parks and NIA neighborhoods. b. The number of dog -walking designated areas in parks. NIA c. The number of posters/brochures put up in pet supply stores. NIA d. The number of educational materials given out to pet owners. NIA 7.1.12 Promotional Giveaways a. The number of items given out. NIA b. The number of events attended (to give out items). NIA c. The number of partnerships for promotions (radio, TV, Businesses. NIA 7.1.13 Proper Disposal of Household Hazardous Waste a. The number of household hazardous waste curbside pickup days. NIA b. The number of educational materials distributed to homeowners. 35 c. The number of partnerships established with businesses. NIA SWMPAssessment Page 13 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.14 Outreach Programs to Minority and Disadvantaged a. The number of brochures/posters created in non-English languages. N/A b. The number of educational materials distributed in non-English N/A languages. c. The number of partnerships established with minority organizations. N/A d. The number of educational materials distributed to low-income N/A neighborhoods. e. Attendance at workshops or public meetings held in low-income or N/A minority neighborhoods. 7.1.15 Trash Management a. Trash removed from conveyance systems and receiving waters during -18 cleanup campaigns (in tons). b. The number of structural trash controls installed. Q c. The number of additional trash bins installed and signage posted. 0 7.1.16 Using the Media a. The number of public service announcements made on radio and TV. 0 b. Then u m ber of stormwater related press releases/advertising Q c. The number of stormwater related articles published. Q 7.1.17 Water Conservation for Home Owners a. The number of partnerships established with local water utilities. N/A b. The number of water conservation or stormwater related utility inserts 6/yr that are distributed with utility bills. c. A survey of homeowners about their water conservation behavior 0 before and after the message is delivered. SWMP Assessment Page 14 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance,- agreement, or other regulatory mechanism. 7.2 Public Involvement and Participation Yes No NIA 7.2.1 Does the Stormwater Management Program provide a table that summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.2.2 Does the Stormwater Management Program describe the target audiences ❑x of the permittee's public involvement program, including a description of the types of ethnic and economic groups engaged? Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. 7.2.3 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? 7.2.4 Has the permitte provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: a. Public Hearings, stakeholder meetings, or other meetings? ❑x ❑ 11 b. A Stormwater Steering Committee (or similar advisory group)? 0 11 El c. Stream clean-up events? 0 d. Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail 13 11M program? e. Reforestation programs or wetland planting programs? 11 El 0 f. A stormwater hotline? Q g. Volunteer monitoring programs? 0 11 h. Storm drain stenciling? 0 i. Encourage neighborhood coordinators to become active in the 0 program? j. Regional workshops? 0 k. Telephone/Web/Mall surveys? ❑X I. Working with citizen volunteers willing to educate others about the ❑X 13 program? SWMP Assessment Page 15 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 Permit No.,NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2.5 Does the Stormwater Management Program document the permittee's 0 ❑ decision process for the development of a storm water public involvement/participation program? The permittee's rationale statement must address the permittee's overall public involvement/participation program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.2.6 Does the Stormwater Management Program explain how the permittee ❑X will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.2.7 Adopt -A -Stream Program a. The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt - a -highway or Adopt -a -trail programs. b. The quantity of trash and debris removed by Adopt -A -Stream, Adopt - a -drain, Adopt -a -highway or Adopt -a -trail volunteers. 7.2.8 Surveys a. The number of citizens solicited to complete surveys. b. The number of completed surveys. 7.2.9 Hotlines a. The number of calls received by a hotline(s). b. The number of problemslincidents remedied as a result of hotline, calls. 7.2.10 Reforestation Programs a. The number of volunteer tree planters. b. The number of trees planted. c. The number of acres planted with trees. 7.2.11 Public Hearings, stakeholder meetings, or other meetings a. The number of meetings held. b. The number of attendees. c. The number of actions taken as a result of stakeholder meetings. NIA NIA 1 N 3 3 NIA NIA NIA NIA NIA NIA SWMP Assessment Page 16 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism, 7.2.12 Storm Drain Stenciling a. The percent of drains stenciled. b. The number of stenciling volunteers. c. The number of drains stenciled. 7.2.13 Stream Cleanup a. The number of stream cleanups. b. The number of cleanup participants. c. The quantity of waste collected as a result of cleanup efforts (in tons). d. The number of stream miles cleaned. 7.2.14 Volunteer Monitoring a. The number of volunteers participating in monitoring programs. b. The frequency of monitoring in the watershed (D-Daily, W-Weekly, B- Bimonthly, M-Monthly, Q-Quarterly and A -annually). c. The number of volunteer monitoring stations established in the watershed. d. The number of volunteer monitoring training sessions held. e. The number of actions that were taken as a result of the monitoring data -collected by volunteers. 7.2.15 Wetland Plantings a. The acres of land planted. b. The number of volunteers that participated in planting. c. The number of planting events held. 100% 0 0 2 -r90 *27 C1 NIA NIA NIA NIA NIA NIA NIA NIA SWMPAssessment Page 17 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3 Illicit Discharge Detection and Elimination Yes No NIA 7.3.1 Does the Stormwater Management Program provide a table that ❑x summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.3.2 Stormwater Map a. Does the Stormwater Management Program describe how and when 01111 the permittee will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? b. Does the Stormwater Management Program describe the sources of 0 information for the maps, and how the permittee plans to verify the outfall locations? c. If already completed, does the Stormwater Management Program describe how the permittee developed this map? d. Does the Stormwater Management Program describe how the 1K permittee's map will be regularly updated? e. Does stormwater mapping include drainage areas? f. Does stormwater mapping include receiving streams? g. Does stormwater infrastructure mapping include outfalls? FRI El El h. Estimated or actual number of outfalls. 124 i. Does stormwater infrastructure mapping include sewer pipes? j. Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? k. Estimated or actual number of structural BMPs? 9 I. Percent of outfall mapping complete. 100% 3WMP Assessment Page 18 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.3 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? If the permittee needs to develop this mechanism, does the Stormwater Management Program describe the permittee's plan and a schedule to do so? 7.3.4 Does the Stormwater Management Program describe the permittee's plan ❑x ❑ to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? 7.3.5 Does the Stormwater Management Program describe the permittee's plan ❑X to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: • Procedures for locating priority areas. • Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. ■ Procedures for removing the source of the illicit discharge. ■ Procedures for evaluation of the plan to detect and eliminate illicit discharges. SWMP Assessment Page 19 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.6 Does the Stormwater Management Program address the following 0 0 El categories of non -storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permittee's small MS4: ■ water line flushing; ■ landscape irrigation; ■ diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; ■ foundation drains; ■ air conditioning condensate (commercial/residential); ■ irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); ■ springs; ■ water from crawl space pumps; ■ footing drains; ■ lawn watering; ■ residential and charity car washing; ■ flows from riparian habitats and wetlands; ■ dechlorinated swimming pool discharges; • street wash water; ■ flows from emergency firefighting. The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittee) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive water bodies, SMPs). 7.3.7 Does the Stormwater Management Program document local controls or ❑X11 El conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? 7.3.8 In addition to conducting "training for selected staff on detecting and ❑X ❑ 11 reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? 7.3.9 Does the Stormwater Management Program describe how this will ❑X ❑ El coordinate with the permittee's public education minimum measure and the permittee's pollution prevention/good housekeeping minimum measure programs? SWMP Assessment Page 20 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.10 Does the Stormwater Management Program document the permittee's ❑X decision process for the development of a storm water illicit discharge detection and elimination program? The permittee's rationale statement must address the permittee's overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.3.11 Does the Stormwater Management Program explain how the permittee will ❑X evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.3.12 Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? 7.3.13 Does the Stormwater Management Program establish an illicit discharge ❑X management tracking system? 7.3.14 Does the Stormwater Management Program establish a stormwater incident ❑X response program? 7.3.15 Does the Stormwater Management Program provide for an illicit discharge ❑X ❑ brochure, poster or other educational material development and distribution? 7.3.16 Does the Stormwater Management Program provide for a septic system ❑X program in conjunction with the Health Department? 7.3.17 Does the Stormwater Management Program provide street sweeping, ❑X inspecting and cleaning inlets and outfalls? 7.3.18 Does the Stormwater Management Program establish procedures to ❑ ❑ coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? 7.3.19 Does the Stormwater Management Program establish procedures to ❑ ❑ Q maintain the sanitary sewer system? 7.3.20 Does the Stormwater Management Program establish a Household Waste ❑x Recycling Program? SWMP Assessment Page 21 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period j 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.21 Septic Systems a. Percent of population on septic systems. <1 % b. The number of regular maintenance and inspection reminders issued 0 to tank owners. c. The number of partnerships formed with private pumping companies. 0 d. The number of post construction inspections conducted to insure 0 proper installation. e. The number of scheduled pump -outs and routine maintenance work 0 conducted. 7.3.22 Identifying Illicit Connections a. The number of sites prioritized for inspection. 0 b. The number of illicit connections reported by citizens. 0 c. The number of illicit connections found. 0 d. The number of illicit connections repairedlreplaced. 0 e. The number of illicit connection referrals. 0 7.3.23 Illegal Dumping a. The number of fliers, posters, or other public education tools 38 distributed. b. The number of illegal dumps reported by citizens. 0 c. The number of penalties enforced upon the participants of illegal 0 dumps. d. The number of illegal dump or sit -out clean-ups completed. 0 e. The number of illegal dump or sit -out referrals to Division of Water 0 Quality. 7.3.24 Industrial or Business Connections a. The number of dry weather testslinspections completed. NIA b. The number of high -risk connections prioritized. NIA c. The number of illicit connections reported by employees or N/A businesses. d. The number of illicit connections found. N/A e. The number of illicit connections repaired/replaced. N/A SWMP Assessment Page 22 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.25 Recreational Sewage a. The number of pump -out stations. b. The number of no -discharge areas created. c. The number of new signs added to inform users of dumping policies and alternatives. d. The number of enforced cases of recreational dumping. e. The number of citizen complaints made reporting illegal action. 7.3.26 Sanitary Sewer Overflows (SSO) a. The number of overflows reported. b. The number of overflow causes that were identified during inspections. c. The number of sites repaired. 7.3.27 Wastewater Connections to the Storm Drain System a. The number of rerouted connections. b. The number of dry weather monitoring activities performed. c. The number of unwarranted connections reported. d. The number of unwarranted connections found. e. The number of unwarranted connections repairedlreplaced. NIA NIA NIA NIA NIA 3 3 3 1 1 1 1 1 SWMP Assessment Page 23 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4 Construction Site Stormwater Runoff Control Yes No NIA 7.4.1. Does the permittee rely on the NCDENR Division of Land E ❑ ❑ Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure? (If no, go to 7.4.2) If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. 7.4.2. Does the permittee rely on rely on a locally delegated program to ❑X meet these requirements? (If no, go to 7.4.3) a. If the permittee relies on a local government to comply with this ❑ ❑X minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government, to see if the site is in compliance? b. If the permittee relies on a local government to comply with this ❑ ❑ M minimum measure, does the permittee monitor the local government program for effectiveness in the permittee jurisdiction? c. If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? d. If the permittee relies on a local government to comply with this M minimum measure, does the permittee monitor follow-up action by that local government? e. If the permittee relies on a local government to comply with this Q minimum measure, does the permittee maintain a record of findings and follow-up procedures? f. If the permittee relies on a local government to comply with this 0 00 minimum measure, does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. SWMP Assessment Page 24 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.3. Does the permittee have a delegated program to meet the ❑X ❑ ❑ requirements of an Erosion and Sediment Control Program? (If no go to 7.4.4) a. Does the Stormwater Management Program provide a table that 0 ❑ summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? b. Does the Stormwater Management Program describe the mechanism ❑X (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. c. Does the Stormwater Management Program describe procedures for ❑X El 1:1 site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. d. Does the Stormwater Management Program describe the permittee's 0 0 plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. e. Does the Stormwater Management Program describe the permittee's 0 procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? f. Does the Stormwater Management Program explain the permittee's Q procedures for the receipt and consideration of information submitted by the public? Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. SWMP Assessment Page 25 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. g. Does the Stormwater Management Program document the permittee's decision process for the development of a construction site stormwater runoff control program? h. Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including measurable goals for each of the BMPs? i. Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? j. Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? 7.4.4 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? ❑ ❑ ❑X ❑ ❑ ❑X ❑ ❑ ❑X ❑ [] The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. 7.4.5 Training and Certification a. The number of training and certification programs offered. 1 b. The number of trained inspectors. 1 c. The number of certified inspectors. 1 d. The number of certified contractors. 2 7.4.6 Inspection and Enforcement a. The number of construction starts greater than one acre. Q b. The number of construction site inspections completed. Q c. The number of failed storm water BMPs noted during the inspection(s). 0 d. The number of BMPs reported to be in need of repair. 0 e. The number of inadequate sites/plans reported by inspectors. 0 f. The number of non -compliant permits reported. 0 g. The number of enforcement actions taken. Q h. The number of stop work orders given. p i. The number of bonding requirements set. 0 j. The number of complaints/concerns received from public. Q SwMPAssessment Page 26 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.7 Inspections a. The number of construction sites inspected with brush barriers. 0 b. The number of construction sites inspected that have check dams. 0 c. The number of construction sites inspected that use chemical stabilization. 0 d. The number of construction sites inspected that practice sequencing. 0 e. The number of construction sites inspected with filter berms. 0 f. The number of construction sites inspected that use geotextiles. 0 g. The number of construction sites inspected that use gradient terraces. 0 h. The number of construction sites inspected that use grass -lined channels. 0 i. The number of construction sites inspected that use land grading practices. 0 j. The number of construction sites inspected that use mulching. 0 k. The number of construction sites inspected that use permanent diversions. 0 I. The number of construction sites inspected that use permanent seeding. 0 m. The number of construction sites inspected that preserve natural vegetation. 0 n. The number of construction sites inspected that use riprap. 0 o. The number of construction sites inspected that use sediment filters and 0 chambers. p. The number of construction sites inspected that use sediment basins and rock dams. q. The number of construction sites inspected that use silt fences. —6 r. The number of construction sites inspected that use sodding. 0 s. The number of construction sites inspected that use soil roughening. 0 t. The number of construction sites inspected with soil retaining structures. 4 u. The number of construction sites inspected that use storm drain inlet 0 protection. v. The number of construction sites inspected that use temporary diversion 0 dikes. w. The number of construction sites inspected that have temporary slope drains. 0 x. The number of construction sites inspected with vegetated buffers. 0 y. The number of construction sites inspected with designated vehicle 0 maintenance and washing areas. SWMP Assessment Page 27 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5 Post -Construction Storm Water Management in New Development and Yes No NIA Redevelopment 7.5.1 Does the Stormwater Management Plan provide a table that summarizes Q ❑ ❑ what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.5.2 Does the Stormwater Management Program describe how the permittee will 0 ❑ develop an ordinance or other regulatory mechanism to implement and enforce a program to address post -construction runoff from new development and redevelopment projects? The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. 7.5.3 Does the Stormwater Management Program describe how the permittee will 0 ❑ ❑ ensure the long-term operation and maintenance (O&M) of BMPs? Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. 7.5.4 Does the Stormwater Management Program document the permittee's ❑ ❑ decision process for the development of a post -construction storm water management program? The permittee's rationale statement must address the permittee's overall post -construction storm water management program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. The rational statement must include the following information, at a minimum: ■ The permittee's program to address storm water runoff from new development and redevelopment projects. Include in this description any specific priority areas for this program. ■ How the permittee's program will be specifically tailored for the permittee's local community, minimize water quality impacts, and attempt to maintain pre -development runoff conditions. 7.5.5 Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.5.6 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? SWMP Assessment Page 28 of 41 ❑X ❑ ❑ 0 ❑ ❑ Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.7 Do new development and redevelopment codes allow for the following: Yes No NIA a. Bioretention basins? ❑X b. Alternative pavers? ❑X c. Buffer zones? ❑X d. Dry ponds? 0 e. Wet ponds? 0 f. Alternatives to curb and gutter? 0 g. Grass swales? 0 11 0 h. Grassed filter strips? 0 i. Green parking lots? 0110 j. In -line storage systems? 0 k. Infiltration basins? 0 I. Infiltration trenches? 0 11 El m. Manufactured products installed in storm water inlets? 0 n. Developments and redevelopments that use narrow streets? 0 o. On -lot treatment? 0 p. Open space design? 0 11 ❑ q. Sand and organic filters? 0 r. Porous pavement? 0 s. Stormwater wetlands? Q t. Urban forestry? 0 7.5.8 Does the Stormwater Management Program, in coordination with the 0 El 0 County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? 7.5.9 Does the Stormwater Management Program provide training for staff and Q developers/builders? 7.5.10 The number of land development applicants notified about project designs that minimize water quality impacts. 7.5.11 The number of educational programs for developers and the public about *0 project designs that minimize water quality impacts. (*The Clear Water Contractor program is currently unfunded in our WNC region) SWMP Assessment Page 29 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.,.NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.12 BMP Inspection and maintenance Yes No NIA a. Are annual inspection reports required of permitted structural BMPs 0 performed by a qualified professional? b. The number of BMP inspections and/or maintenance activities. 5 c. The number of problems that were identified and remedied. 0 7.5.13 New Development and Redevelopment BMP Summary a. The number of development/redevelopment projects regulated for post- 0 construction stormwater control. b. The number of new development sites that use alternative pavers. 0 c. The number of new commercial and residential bioretention cells 0 installed (technically "rain gardens" w/no engineered media). d. The number of new development sites that use buffers. 0 e. The number of catch basins retrofitted with filtering devices. 0 f. The number of new dry ponds installed. 0 g. The number of.new developments without curbs and gutters. 0 h. The number of new grassed swales installed. 0 L The number of new grassed filter strips installed. 0 j. The number of new green parking lots installed. 0 k. The number of impervious lots converted to green lots. 0 I. The number of basins installed or retrofitted with flow regulators. 0 m. The number of in -line storage systems installed. 0 n. The number of new infiltration basins installed. 0 o. The number of new infiltration trenches installed. 0 p. The number of new developments that use narrow streets. 0 q. The number of lots that use on -lot treatment. 5 r. The number of manufactured products installed in storm water inlets. 0 s. The number of new developments that use open space design 0 principles. t. The number of new development sites that use porous pavement. 0 u. The number of new sand and organic filters installed. 0 v. The number of storm water wetlands created. 0 w. The number of wet ponds installed. 0 x. The number of acres of new development or redevelopment with 0 structural stormwater controls. SWMP Assessment Page 30 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.14 Evaluation of Post -construction Stormwater Management Program Measures a. Model Practices: For those areas within the jurisdictional area of the Yes No NIA permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: 1. Does the permittee issue local stormwater management permits to ❑x ❑ ❑ new development or redevelopment projects as either a low density project ur a high density project? 2. Do projects permitted as a low density projects meet the following ❑X ❑ ❑ criteria: ■ No more than two dwelling units per acre or 24% built -upon area; and, ■ Use of vegetated conveyances to the maximum extent practicable? 3. Do projects permitted as high density projects meet the following Q ❑ ❑ requirements: The stormwater control measures control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume draw - down time must be a minimum of 24 hours, but not more than 120 hours; All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); 4. Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? 5. Are all built -upon areas at least 30 feet landward of perennial and ❑X ❑ ❑ intermittent surface waters? b. Watershed Protection Plans: Has the Permittee developed, adopted, ❑ ❑X 0 and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? SWMP Assessment Page 31 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. e Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-I -- WS-IV waters, the HOW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post - construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. 7.5.14 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? 7.5.15 Additional Requirements for Nutrient Sensitive Waters a. Has the permittee developed, adopted, and implemented an ordinance ❑X (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? b. Has the permittee developed and included a nutrient application ❑X (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program? In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. SWMP Assessment . Page 32 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations Yes No NIA 7.6.1 Does the Stormwater Management Program provide a table that ❑ ❑ summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.6.2 Does the Stormwater Management Program list the permittee's municipal ❑X ❑ ❑ operations that are impacted by this operation and maintenance program? The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. 7.6.3 Municipal Operations include: Transfer Station Fleet Maintenance Airport Animal Shelters Waste Water Treatment Plan Water Plants Construction Debris Site Transit Authority Public Works Operations Prisons Emergency Service Facilities Fire Stations Landfills Schools Parks Waste Recycling Centers Vehicle Maintenance Operations Vehicle Wash Operations Pump Stations or Lift Stations Other: ❑X ❑ ❑ 0 ❑ ❑x ❑ M ❑ 0 ❑ ❑X ❑ ❑X ❑ ❑X ❑X ❑ ❑ 0 ❑ 0 ❑ 0 ❑ 0 ❑ 0 El FX-1 El FX-1 ❑ ❑ SWMPAssessment Page 33 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.4 In addition to conducting staff training on stormwater pollution prevention ❑ ❑ and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? 7.6.5 Does the Stormwater Management Program describe any existing, available materials the permittee plans to use? 7.6.6 Does the Stormwater Management Program describe how this training 0 ❑ program will be coordinated with the outreach programs developed for the public information minimum measure and the illicit discharge minimum measure? 7.6.7 Does the Stormwater Management Program describe maintenance Q activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? 7.6.8 Does the Stormwater Management Program describe the permittee's �X controls for reducing or eliminating the discharge of pollutants from municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas, and salt/sand storage locations and snow disposal areas permittee operate? 7.6.9 Does the Stormwater Management Program describe the permittee's 0 procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? 7.6.10 Does the Stormwater Management Program describe the permittee's 0 procedures to ensure that new flood management projects are assessed.for impacts on water quality and existing projects are assessed for incorporation of additional water quality protection devices or practices? SWMP Assessment Page 34 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested ' indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.11 Does the Stormwater Management Program describe the permittee's 0 ❑ ❑ decision process for reviewing existing ordinances for possible modification to address stormwater issues? 7.6.12 Does the Stormwater Management Program document the permittee's 0 ❑ decision process for the development of a pollution prevention/good housekeeping program for municipal operations? The permittee's rationale statement must address the permittee's overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.6.13 Does the Stormwater Management Program explain how permittee will 011 ❑ evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.6.14 Industrial Activities Yes No NIA a. Did the permittee conduct annual review of the industrial activities with a ❑ 0 Phase I NPDES stormwater permit owned and operated by the permittee? b. Did the permittee review the Stormwater Pollution Prevention Plan, the ❑ ❑ 0 timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. 7.6.15 Does the permittee have an O&M plans for facilities? 0 0 ❑ 7.6.16 Did the permittee develop a right of way inspection/maintenance program? ❑ ❑ 7.6.17 Does the permittee have a Used Oil Recycling Program? 0 ❑ 7.6.18 Does the permittee have a street sweeping program? El 0 El 7.6.19 Does the permittee have a program to clean catch basins, storm lines, and 0 ❑ ditches? 7.6.17 Does the permittee review fertilizer and pesticide use programs? 7.6.18 Does the permittee have spill prevention plans at city facilities? ❑ ❑ 0 0 ❑ ❑ SWMP Assessment Page 35 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.19 City Facilities Inspections Yes No NIA a. Does the permittee inspect vehicle washing fueling, storage and El maintenance areas? b. Does the permittee inspect material storage areas (i.e., Q storage areas for sand, salt, fertilizers, pesticides and other chemicals)? c. Does the permittee inspect stormwater outfalls? d. Does the permittee inspect culverts? ❑x e. Does the permittee inspect swaleslditches? ❑X f. Does the permittee inspect catch basins, inlets, and grates? ❑ El g. Does the permittee inspect MS4 pipes? 0 h. Does the permittee inspect solid and hazardous waste management Q facilities and recycling centers? i. Does the permittee inspect animal shelters and pounds? 11 El0 j. Does the permittee inspect parking lots? 0 k. Does the permittee inspect parks and open spaces? 0 I. The number of inspections conducted. 31yr 7.6.20 Alternative Products a. The number of educational materials distributed on alternative NIA products? b. The number of consumers surveyed who have increased their use of NIA alternative products. 7.6.21 Alternative Discharge Options for Chlorinated Water a. The number of pool owners informed of the options for discharging chlorinated water. b. The number of enforcement actions pertaining to pool water Q discharges. SWMP Assessment Page 36 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reeorting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.22 Automobile Maintenance a. The number of employees trained in preventing pollution from NIA automobile maintenance activities. b. The number of sites rewarded as being a "clear! site" under a NIA rewards program. c. The number of spills reported. 0 d. The number of educational materials distributed at garages, auto 0 shops, and other automobile -related businesses. 7.6.23 Hazardous Materials Storage a. The total number of storage facilities equipped to store hazardous NIA materials. b. The number of regularly inspected storage units. NIA c. The number of employees trained in hazardous material storage and NIA maintenance. 7.6.24 Illegal Dumping a. The number of "no dumping" signs posted. 0 b. The number of educational materials distributed. 0 c. The number of reports of illegal dumping received. 0 d. The number of dump sites and/or illegal sit -outs cleaned up. 0 e. The number of sites improved to eliminate as target dumping spots. 0 f. The number of enforcement actions pertaining to illegal dumping. 0 7.6.25 Landscape and Lawn Care, and Pest Control a. The number of stores/gardens participating in education programs. NIA b. The number of residents trained in safe landscaping, lawn care, and NIA pest management techniques. c. The number of classes/seminars offered in landscaping and lawn NIA care. d. The number of educational materials distributed. NIA e. The number of municipal employees trained in integrated pest 2 management. SWMP Assessment Page 37 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.26 Parking Lot and Street Cleaning a. The number of parking lots. N/A b. The number of scheduled parking lot and/or road cleanings. N/A 7.6.27 Pet Waste a. The number of dog parks. N/A b. The number of "pooper-scooper" stations installed N/A c. The number of educational materials distributed. N/A 7.6.28 Road Salt Application and Storage a. The number of storage facilities included in a regular inspection and 1 maintenance program. b. The number of employees trained in road salt application. 5 c. The quantity of salt applied to roadways (in tons). 0 d. The quantity of alternative products used (in tons). 0.5 7.6.29 Septic Systems a. The number of septic systems. 5 b. The number of systems that are inspected regularly. 5 c. The number of reminder and educational fliers distributed. 0 d. The number of people trained in inspection and installation of septic 0 systems. e. The number of failed septic systems. 0 7.6.30 Spill Response and Prevention a. The number of leak detection devices installed at municipal facilities. 0 b. The number of preventative maintenance procedures performed on 0 tanks, valves, pumps, pipes, and other equipment. c. The number of personnel trained in spill response. 5 d. The number of regularly inspected high -risk facilities. 0 e. The number of educational materials distributed to municipal 2 employees. SWMP Assessment Page 38 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12014 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.31 Storm Drain System Cleaning a. The number of outfalls cleaned regularly. b. The number of storm drains cleaned regularly. c. The amount of trash, sediment, and other pollutants removed during cleaning (in tons). 7.6.32 Used Oil Recycling a. The number of gallons of used oil collected from municipal operations. b. The number of recycling facilities that collect oil from municipal operations. c. The number of educational materials distributed to municipal employees. 7.6.33 Vehicle Washing a. The number of educational materials distributed to municipal employees. b. The number of designated municipal vehicle washing areas. 124 66 0.5 NIA NIA NIA NIA NIA SWMP Assessment Page 39 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2014 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 8.0 Program Accomplishments 8.1 The number of stormwater management position 0 created/staffed. 8.2 Total annual budget (excluding Capital Improvement $Q Projects) for the NPDES stormwater management program for the reporting year. 8.3 The number of Capital Improvement Projects planned. p 8.4 The.number of Capital Improvement Projects active. Q 8.5 The number of Capital Improvement Projects completed. Q 8.6 Total annual budget (excluding Capital Improvement $Q Projects) for the NPDES stormwater management program for the reporting year. 9.0 Ordinance, Legal or Regulatory Authority Reviewed Drafted Adopted 9.1 Illicit Discharge Detection & Elimination ❑ 0 Q 9.2 Erosion & Sediment Control ❑X 9.3 Post -Development Stormwater Management 0 9.4 Stormwater Ordinance 0 9.5 Unified Development Ordinance 9.6 Flood Damage Protection Ordinance El 110 9.7 Other: Hillside Development Ordinance (Steep Slope) 11 00 9.8 Other: 9.9 Other: 13 El❑ SWMPAssessment Page 40 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Root Causes Internal and external assessments identify Phase it program deficiencies and associated opportunities for improvement. Systemic causes of problems within the Phase II programs may be identified through root cause analysis. Review those questions that you have indicated are not applicable to determine if they if they deserve further consideration. For those requirements that are being met, give your staff a pat on the back. For those that are not being met, determine the root causes of Phase II program deficiencies. Root causes include: • Unclear or conflicting federal, state, county or local Requirements • Insufficient staff • Insufficient funding • Insufficient resources (including equipment, tools, funding and staff) • Lack of or inadequate plans, procedures or guidelines • Plans, procedures, or guidelines are not current • Failure to implement plans, procedures or guidelines • Insufficient or inadequate training • Insufficient or inadequate record keeping and reporting ■ Inadequate authority ■ Failure to enforce authority ■ Inadequate response or cooperation from federal, state, or local agencies Plan of Action The permittee should develop corrective or preventive actions that address the root causes of problems and seek to prevent the recurrence of Phase II Program deficiencies. Root causes may often indicate shortcomings in the underlying management system; management system -related causes of non- compliance indicate opportunities for improvement of the Phase II Program. In addition to responsibilities for periodic review of the Phase II Program, top management personnel are also responsible for approving corrective/ preventive actions developed to solve identified problems or deficiencies. Management review and approval of recommended solutions constitutes "buy -in" and significantly enhances the effectiveness of solutions that are implemented. After preventive and corrective actions have been developed and approved, they must be implemented to support continuous improvement. Solutions designed to solve the causes rather than the symptoms of compliance or management system deficiencies contribute to long-term enhancement of the Phase II Program. SWMP Assessment Page 1 of 1 Root Cause and Plan of Action January 2, 2013 Mike Randall Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Randall: Please find the enclosed 2012 Phase 11. MS4 Stormwater Management Program Assessment for Permit #: NCS000430. urs truly, a E. Currie, CFM, CZO Building Inspector/Code Administrator Town of Montreat Enclosures: 2012 Phase II MS4 Stormwater Management Program Assessment for Permit #: NCS000430 P. O. Box 423. Montreat, NC 28757 TELEPHONE: (828) 669-8002 FAX: (828) 669-3810 WEBSITE: www.townofmontreat.org Phase II MS4 Stormwater Management Program Assessment Reporting Period 2012 Permit No.: NCS000430 I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Montreat b. Ownership Status (federal, state, or local) Local c. Type of Public Entity (city, town, county, prison, school, etc.) Town d. County(s) Buncombe e. DENR Regional Office Asheville f. .Jurisdictional Area (square miles) 3.87 g. Population Permanent 688 Seasonal (if available) 3,000 (+1) h. Ten-year Growth Rate 1.76 % i. Located on Indian Lands? ❑ Yes ®No II. RPE 1 MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 3.87 b. River Basin(s) Swannanoa (not within jurisdiction c. Number of Primary Receiving Streams 1 — Flat Creek d. Estimated percentage of jurisdictional area containing the following four land use activities 1. Residential 90% 2. Commercial N/A 3. Industrial N/A 4. Open Space 10% Total = 100% e. Are there significant water quality issues? El Yes Z No f. Do you have an inventory of storm water inlets, pipes, ditches, and open channels? ® Yes ❑ No g. Do you know how many outfalls your city discharges to and where they are located? ® Yes ❑ No h. Do you know who else is discharging storm water into your system? ® Yes ❑ No i. Do you know the major pollutant sources in your city (industrial, commercial, residential)? ® Yes ❑ No E2@129WE E 0 7 [t013 !� CCENR- wA_P} uu' SWMP Assessment Page 1 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 12012 Permit No.: NCS000430 Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Ill. EXISTING LOCAL WATER QUALITY PROGRAMS Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. River Basin Receiving Stream Water Quality Use Support Water Quality Issues Stream Name Segment Classification Rating Flat Creek Headwaters C; HQW 3c None Big Piney Upper NW C: HQW 3c None Branch into Flat Creek Kitchen Branch South of C 3c None Sourwood Gap into Flat Creek Un-Named East lower Unrated 3c None Tributaries area below Little Piney Branch a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No e. TMDL ❑ Yes ® No f. Threatened and Endangered Species or Habitat ® Yes ❑ No Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. For each stream, list the water quality classification(s) and the NCDENR Use Support Rating. The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. Your river basin table should also briefly identify any specific water quality issues identified in the most recent- NCDENR river basin water quality plan, 303(d) List or identified at the local level. Issues can include specific pollutants of concern, pollutant sources and activities of concern, etc. SWMP Assessment Page 2 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 12012 1 Permit No.: NCS000430 IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co- ermittin . a. Do you intend to co -permit with a ❑Yes ®No permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit with El Yes ®No another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No erm ittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS If more than one, attach additional sheets. a. Do you intend for another entity to perform one or more of your permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Black Mountain Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Steve Jones • Contact Address 106 Montreat Road, Black Mountain, NC 28711 • Contact Telephone Number (828) 669-8074 c. Are legal agreements in place to establish responsibilities? ®Yes ❑ No VI. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received and/or applied for under the following- programs. a. RCRA Hazardous Waste Management NIA Program b. UIC program under SDWA NIA c. NPDES Wastewater Discharge Permit N/A Number d. Prevention of Significant Deterioration NIA PSD Pro ram a. Non -Attainment Program NIA f. National Emission Standards for Hazardous NIA Pollutants (NESHAPS) pre -construction approval h. Dredge or fill permits under section 404 of NIA CWA SWMP Assessment Page 3 of 4 Background Information Phase II MS4 Stormwater Management Program Assessment Reporting Period 12012 1 Permit No.: NCS000430 VII. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position, and include documentation of the delegation action through board action. a. Name of person to which permit authority has David Currie been delegated b. Title/position of person above Building Inspector/Code Administrator VIII. SIGNING OFFICIAL'S STATEMENT 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. O. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810 E-Mail inspections@townofmontreat.org IX. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. Name David Currie Title Building Inspector/Code Administrator Street Address 96 Rainbow Terrace, Black Mountain, NC 28711 PO Box P. 0, Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810 E-Mail inspections@townofmontreat.org Permittee's Web site townofmontreat.org SWMP Assessment Page 4 of 4 Background Information STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.: NCS000430 X. BMPs Do you plan to add any new BMPs? [® Yes ❑ No Do you plan to amend any existing BMPs? I ❑ Yes ® No If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. BMP Measurable Goals YR YR YR YR YR Responsible 1 2 3 4 5 Position/Part Structural. Stormwater Capture z the water -quality stone event flow along the X X X X Public Works (O&M) - Detention/Infiltration Chamber - northeastern edge of this intersection and detain the Steve Freeman !Virginia Rd./Mississippi Rd. volume, allowing gradual infiltration; a visible reduction Cade Administrator - Intersection. in storrrrwater flow to the receiving stream should be David Currie noted at this location. PLANNED FOR SPRING 2013 Structural.' Stormwater Capture -> the water -quality storm event flow on the X X X X X Public Woos (O&M) - Oeetention/Infiltration Chamber - eastem edge of this street and detain the volume, Steve Freeman midpoint Appalachian Wayy allowing gradual infiltration; a visible reduction in Code Administrator - stormwater flow to the receiving stream should be David Currie noted at this location. Completed, and functioning as designed. COMPLETED Non S c'turail Creation of a Receive sufficient revenue from uh'lity such that alter X X X X Finance Officer - Stoanwater Utility to fund first five-year permit cycle at least 50% ofstormwater Stefen Stackhouse stormwater O & M and infrastructure maintenance/improvement costs are Code Administrator - improvements funded PLANNED FOR 2013 FISCAL YEAR David Currie SWMP Assessment Page _ of _ New or Revised BMPs STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 1.0 Stormwater Management Program Yes No NIA 1.1 Does the Stormwater Management Program describe the permanent and ❑X ❑ ❑ seasonal population served by the MS4 system? The source of the permanent population data should be listed. Methodology should be provided for any seasonal population estimates, as well as a description of the seasonal calendar, Seasonal population is an indicator of the stress placed on the MS4 during peak demands. 1.2 Does the Stormwater Management Program describe the Growth Rate? ❑X ❑ ❑ The population growth rate for the service area should be calculated based on the simple analysis of the relative change between the US Census population in 1990 and 2000 stated as a percent change, annualized by dividing the percent change by 10. If the permittee's jurisdiction incorporated after 1990, use the based population established at the time of incorporation in place of the 1990 Census number to establish the change in population as a percent change as measured in 2000. More recent population data can be used to document the growth rate, if available. 1.3 1.4 1.5 io Does the Stormwater Management Program list the jurisdictional and MS4 service area in square miles? Does the Stormwater Management Program briefly describe the composition of the existing MS4 system (pipes, ditches, sheet flow, etc.) and state of maintenance of the system? 0 ❑ ❑ 19111 ❑ This narrative should give the reader a general feel for how stormwater is transported to receiving streams and the kind of maintenance activities being performed. Does the Stormwater Management Program include an estimate of the percentage of the MS4 service area that is under residential, commercial, industrial, and open space land use? Does the Stormwater Management Program briefly explain the methodology used to determine the land use estimates? 1.7 Does the Stormwater Management Program indicate whether or not the permittee's MS4 discharges into a body of water or receiving stream with a Total Maximum Daily Load allocation established by the Environmental Protection Agency or the NCDENR? ❑x ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ SWMP Assessment Page 6 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 2.0 Table of Receiving Streams 2.1 Does the table list the primary streams that receive stormwater runoff from the MS4 jurisdictional area? Yes No NIA Primary streams are those that are shown on a USGS topo map or SCS map. Streams that are shown on the USGS or SCS maps, but do not have a name, shall be listed as an unnamed tributary to the nearest named downstream receiving water body. 2.1 For each stream, are the water quality classification(s) and the NCDENR 0 Use Support Rating shall be listed? The water quality classification and/or use support rating for a single stream may change over its length. Therefore, identify stream segments by index number and list the corresponding water quality classification and use support rating. 2.2 Does the table briefly identify any specific water quality issues identified in the most recent NCDENR river basin water quality plan, 303(d) List or identified at the local level? Issues can include specific pollutants of concern, pollutant sources, threatened and endangered species or habitats, and activities of concern, etc. 2.3 Information Sources River basin the permittee is in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmI Water Quality Classifications: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html Basinwide Water Quality Plans: http://h2o.ene.state.nc.us/basinwide/index.html 303(d) List: http://h2o.enr.state.nc.us/mtu/download.htmi 3.0 Existing Water Quality Programs Yes No NIA 3.1 Does the Stormwater Management Program list and briefly describe the El existing water quality programs that are implemented by the permittee within the MS4 service area? This includes such programs as Water Supply Watershed Protection, delegated Erosion and Sediment Control, Local Nutrient Sensitive Waters Strategy, Land Use Plans, etc. 3.2 Does the Stormwater Management Program list existing programs that are Q implemented by the state within the MS4 service area? These include programs such as CAMA, State Stormwater Management, Erosion and Sediment Control, Riparian Buffers, etc. SWMP Assessment Page 7 of 41 Six Minimum Measures f-- STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 4.0 Permitting Information Yes No NIA 4.1 Does the Stormwater Management Program provide a list or table of each ❑X ❑ measurable goal and the contact information for the person and/or position responsible for implementation of each goal listed? Contact information for positions must include the name, position or title, a contact phone and fax number, and e-mail address. 4.2 Does the Stor'mwater Management Program provide an organizational chart a that shows where the responsible parties fit into the structure of the permittee's organization? 4.3 Have the application and permit application report been signed by a Q principal executive officer, ranking elected official or duly authorized representative? Does the Stormwater Management Program provide the name, position and a brief explanation of why the signing official is the appropriate person to sign the permit application? 4.4 If the permittee has delegated the permit application responsibility to ❑ someone other than the signing official, does the Stormwater Management program provide documentation that the person is duly authorized? A person is only a duly authorized representative for matters concerning the NPDES stormwater application and permit if: • The authorization is made in writing by a principal executive officer or ranking elected official; • The authorization is approved through board action by an appropriate body such as City or Town Council, County Commissioners or similar authority; • The authorization specifies either an individual or a position having overall responsibility for environmental/stormwater matters; and ■ The written authorization is submitted to the Director along with the Stormwater Management Program Plan. SWMP Assessment Page 8 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 5.0 Co -Permitting Information (if applicable) Yes No NIA 5.1 Does the Stormwater Management Program list the name of each MS4 ❑X owner/operator and the responsible party contact information for each MS4 applying for the co -permit? 5.2 Does the Stormwater Management Program list any existing individual 0 NPDES Stormwater permits that an MS4 may hold? 5.3 Does the Stormwater Management Program provide documentation of the ❑ ❑ 0 legally binding agreement? As a co-permittee, all cooperating MS4s will be permitted as responsible parties in the permit. The specific responsibilities of each participating MS4 should be clearly established through a legally binding inter -local agreement or establishment of a regional stormwater authority. 5.4 Does the Stormwater Management Program clearly define the ❑ ❑ 0 responsibilities of each co -permitting MS4 under the NPDES stormwater permit? 5.5 Does the Stormwater Management Program identify contract operations 0 (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? 6.0 Reliance on other government entity to satisfy one or more permit Yes No NIA obligations (if applicable) 6.1 Does the Permittee rely on other government entities to satisfy one or more permit obligations? 6.2 Does the Stormwater Management Program provide the following information on each entity and the permit obligation: • Name of the entity • Element to be Implemented • Contact Information for the Responsible Party including: Name, Address, and Phone Number • Is a legal agreement in place to establish the relationship and responsibilities of both parties? Under 40 CFR Section 122.35 (a), the Phase II permittee has the option of relying on other entities already performing one or more of the minimum control measures, provided that the existing control measure, or component thereof, is at least as stringent as the Phase II rule requirements. In such a case, the permittee would not need to implement the particular measure, but would still be ultimately responsible for its effective implementation. For this reason, the permittee should enter into a legally binding agreement with the other entity. If the permittee chooses to rely on another entity, they must note this in their permit application and subsequent reports. SWMP Assessment Page 9 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1 Public Education and Outreach Yes No NIA 7.1.1 Does the Stormwater Management Program provide a table that ❑X summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.1.2 Does the Stormwater Management Program explain the target audiences ❑X ❑ ❑ likely to have significant storm water impacts (including residential, commercial, industrial and institutional entities) and why those target audiences were selected? 7.1.3 Does the Stormwater Management Program explain what target pollutant ❑X 11 sources the permittee's public education program is designed to address and why those sources are an issue for the permittee's MS4? 7.1.4 Does the Stormwater Management Program explain the permittee's Q 0 outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? a. Does the Stormwater Management Program incorporate outreach ❑X elements for significant minority and disadvantaged communities? b. Has the permittee developed general stormwater educational material 0 ❑ to appropriate target groups likely to have a significant stormwater impact? c. Does general stormwater educational material include information on the following topics: 1. Household Hazardous Waste ❑X ❑ ❑ 2. Pet Waste ❑X 3. Septic Systems 4. Lawn and Gardening 5. Vehicle Washing ❑X ❑ ❑ 6. Erosion ❑X 7. Stream BuffersIHI El El 8. Flooding 0 9. Litter 0 ❑ Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program., SWMP Assessment Page 10 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. d. List any additional topics not identified above. 1. 2. 3. 4. 5. 6. Yes No N/A e. Does the permittee's outreach program include: 1. Distributing printed educational material to general public through ❑X ❑ utility mail outs? 2. Distributing printed educational material to general public through ❑X ❑ ❑ special events (i.e., Information booth at festivals and fairs)? 3. Distributing printed educational material to business 1 industry? ❑ 4. Presentations to local community groups? ❑X ❑ ❑ 5. Stormwater program slpresentations for elementary or middle ❑ ❑ Q schools? 6. Local TV or radio spots? 7. Print Media - Ads 1 Articles 1 Newsletters? 0 8. Posters? El 0 9. Storm drain stenciling 0 11 1:1 10. Other environmental education programs (i.e., Designate a "Keep 0 SW Clean" month)? 11. Workshops El 11 1:1 12, Stream basin signage? ❑ ❑ ❑X f. Has the permittee developed an internet web site for newsletter articles ❑X 1:1 ❑ on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? g. Permittee's website address. www.townofmontreat.org h. Does the permittee maintain an internet web site for newsletter articles ❑X ❑ ❑ on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? SWMP Assessment Page 11 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.5 Does the Stormwater Management Program document the permittee's 0 decision process for the development of a storm water public education and outreach program? The permittee's rationale statement must address the permittee's overall public education program and the individual BMPs, measurable goals and responsible persons for the permittee's program. 7.1.6 Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.1.7 Classroom Outreach a. The number of educational materials distributed to schools. N/A b. The number of schools that participate in municipal -sponsored storm N/A water workshops or activities. c. The number of students that participate in municipal -sponsored N/A storm water workshops or activities. d. The number of workshops held for teachers. N/A e. The number of certificates or other rewards given out to schools, N/A classes, or students participating in storm water education. f. The number of students receiving storm water education as a regular N/A part of the school curriculum. 7.1.8 Displays, Signs, Presentations, Welcome Packets, and Pamphlets a. The number of stormwater related materials distributed.-55-60 b. The number of stormwater related displays at special events or 3 meetings. c. The number of people at events who saw the display or took a 75 pamphlet/booklet. d. Number of new homeowner welcome packets containing storm- 2 water -related information. e. The number of signs and billboards with stormwater related N/A messages. f. The number of stormwater related presentations at special events or 3 meetings. SWMP Assessment Page 12 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.9 Commercial Outreach a. The number of educational materials that were distributed to NIA business owners and operators. b. The number of businesses trained under the stormwater program. NIA 7.1.10 Lawn and Garden Activities a. The number of partnerships established with local lawn care 0 businesses. b. The number of municipal employees trained in proper lawn care 0 practices. c. The number of homeowners that attend training workshops for 0 lawn/garden care BMPs. d. A survey of homeowners about their lawn care behavior before and 0 after message is delivered. e. The number of requests for soil testing. 0 f. The number of certified or licensed pesticide applicators (personal). NIA g. The number of certified or licensed pesticide applicators (contractors). NIA 7.1.11 Pet Waste Management a. The number of "clean up after your pet" signs posted in parks and NIA neighborhoods. b. The number of dog -walking designated areas in parks. NIA c. The number of posters/brochures put up in pet supply stores. NIA d. The number of educational materials given out to pet owners. NIA 7.1.12 Promotional Giveaways a. The number of items given out. NIA b. The number of events attended (to give out items). NIA c. The number of partnerships for promotions (radio, TV, Businesses. NIA 7.1.13 Proper Disposal of Household Hazardous Waste a. The number of household hazardous waste curbside pickup days. NIA b. The number of educational materials distributed to homeowners. 60 c. The number of partnerships established with businesses. NIA SWMPAssessment Page 13 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.1.14 Outreach Programs to Minority and Disadvantaged a. The number of brochures/posters created in non-English languages. NIA b. The number of educational materials distributed in non-English NIA languages. c. The number of partnerships established with minority organizations. NIA d. The number of educational materials distributed to low-income NIA neighborhoods. e. Attendance at workshops or public meetings held in low-income or NIA minority neighborhoods. 7.1.15 Trash Management a. Trash removed from conveyance systems and receiving waters during -1 .25 cleanup campaigns (in tons). b. The number of structural trash controls installed. Q c. The number of additional trash bins installed and signage posted. Q 7.1.16 Using the Media a. The number of public service announcements made on radio and TV. Q b. The number of stormwater related press releases/advertising Q c. The number of stormwater related articles published. Q 7.1.17 Water Conservation for Home Owners a. The number of partnerships established with local water utilities. NIA b. The number of water conservation or stormwater related utility inserts 61yr that are distributed with utility bills. c. A survey of homeowners about their water conservation behavior 0 before and after the message is delivered. SWMP Assessment Page 14 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012' Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2 Public Involvement and Participation Yes No NIA 7.2.1 Does the Stormwater Management Program provide a table that ❑X ❑ ❑ summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.2.2 Does the Stormwater Management Program describe the target audiences ❑x of the permittee's public involvement program, including a description of the types of ethnic and economic groups engaged? Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. 7.2.3 Does the Stormwater Management Program describe how the permittee will Q involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? 7.2.4 Has the permitte provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: a. Public Hearings, stakeholder meetings, or other meetings? ❑X ❑ ❑ b. A Stormwater Steering Committee (or similar advisory group)? ❑X ❑ ❑ c. Stream clean-up events? ❑X d. Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail 0 program? e. Reforestation programs or wetland planting programs? El 0 0 f. A stormwater hotline? g. Volunteer monitoring programs? h. Storm drain stenciling? i. Encourage neighborhood coordinators to become active in the ❑X program? j. Regional workshops? 0 ❑ ❑ k. Telephone/Web/Mall surveys? ❑ 0 0 I. Working with citizen volunteers willing to educate others about the 0 0 program? SWMP Assessment Page 15 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2.5 Does the Stormwater Management Program document the permittee's IE ❑ ❑ decision process for the development of a storm water public involvement/participation program? The permittee's rationale statement must address the permittee's overall public involvement/participation program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.2.6 Does the Stormwater Management Program explain how the permittee ❑x ❑ ❑ will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.2.7 Adopt -A -Stream Program a. The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt - a -highway or Adopt -a -trail programs. b. The quantity of trash and debris removed by Adopt -A -Stream, Adopt - a -drain, Adopt -a -highway or Adopt -a -trail volunteers. 7.2.8 Surveys a. The number of citizens solicited to complete surveys. b. The number of completed surveys. 7.2.9 Hotlines a. The number of calls received by a hotline(s). b. The number of problems/incidents remedied as a result of hotline calls. 7.2.10 Reforestation Programs a. The number of volunteer tree planters. b. The number of trees planted. c. The number of acres planted with trees. 7.2.11 Public Hearings, stakeholder meetings, or other meetings a. The number of meetings held. b. The number of attendees. c. The number of actions taken as a result of stakeholder meetings. NIA NIA 7 7 NIA NIA NIA NIA NIA NIA SWMP Assessment Page 16 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT LReporting Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.2.12 Storm Drain Stenciling a. The percent of drains stenciled. b. The number of stenciling volunteers. c. The number of drains stenciled. 7.2.13 Stream Cleanup a. The number of stream cleanups. b. The number of cleanup participants. c. The quantity of waste collected as a result of cleanup efforts (in tons). d. The number of stream miles cleaned. 7.2.14 Volunteer Monitoring a. The number of volunteers participating in monitoring programs. b. The frequency of monitoring in the watershed (D-Daily, W-Weekly, B- Bimonthly, M-Monthly, Q-Quarterly and A -annually). c. The number of volunteer monitoring stations established in the watershed. d. The number of volunteer monitoring training sessions held. e. The number of actions that were taken as a result of the monitoring data -collected by volunteers. 7.2.15 Wetland Plantings a. The acres of land planted. b. The number of volunteers that participated in planting. c. The number of planting events held. 95% 0 72 1 —25 0.5 <1 NIA NIA NIA NIA NIA NIA NIA NIA SWMP Assessment Page 17 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3 Illicit Discharge Detection and Elimination Yes No NIA 7.3.1 Does the Stormwater Management Program provide a table that ❑X summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.3.2 Stormwater Map a. Does the Stormwater Management Program describe how and when El the permittee will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? b. Does the Stormwater Management Program describe the sources of information for the maps, and how the permittee plans to verify the outfall locations? c. If already completed, does the Stormwater Management Program 0 describe how the permittee developed this map? d. Does the Stormwater Management Program describe how the Q permittee's map will be regularly updated? e. Does stormwater mapping include drainage areas? f. Does stormwater mapping include receiving streams? g. Does stormwater infrastructure mapping include outfalls? 0 h. Estimated or actual number of outfalls. 124 i. Does stormwater infrastructure mapping include sewer pipes? El 0 11 j. Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? k. Estimated or actual number of structural BMPs? *6 I. Percent of outfall mapping complete. 100% (*Correction from previous report) SWMP Assessment Page 18 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.3 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? If the permittee needs to develop this mechanism, does the Stormwater Management Program describe the permittee's plan and a schedule to do so? 7.3.4 Does the Stormwater Management Program describe the permittee's plan ❑X to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? 7.3.5 Does the Stormwater Management Program describe the permittee's plan ❑X to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: ■ Procedures for locating priority areas. ■ Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. • Procedures for removing the source of the illicit discharge. ■ Procedures for evaluation of the plan to detect and eliminate illicit discharges. SWMP Assessment Page 19 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.6 Does the Stormwater Management Program address the following Q categories of non -storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permittee's small MS4: ■ water line flushing; ■ landscape irrigation; • diverted stream flows; ■ rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; ■ discharges from potable water sources; • foundation drains; ■ air conditioning condensate (commercial/residential); ■ irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; ■ dechlorinated swimming pool discharges; • street wash water; ■ flows from emergency fire fighting. The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittee) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). 7.3.7 Does the Stormwater Management Program document local controls or Q El 11 conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? 7.3.8 In addition to conducting "training for selected staff on detecting and Q El 1:1 reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? 7.3.9 Does the Stormwater Management Program describe how this will 0 11 11 coordinate with the permittee's public education minimum measure and the permittee's pollution prevention/good housekeeping minimum measure programs? SWMP Assessment Page 20 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.10 Does the Stormwater Management Program document the permittee's ❑X ❑ El decision process for the development of a storm water illicit discharge detection and elimination program? The permittee's rationale statement must address the permittee's overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.3.11 Does the Stormwater Management Program explain how the permittee will 0 evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.3.12 Does the Stormwater Management Program establish and publicize a 0 0 Cl reporting mechanism for the public to report illicit discharges? 7.3.13 Does the Stormwater Management Program establish a illicit discharge 0 management tracking system? 7.3.14 Does the Stormwater Management Program establish a stormwater incident 0 response program? 7.3.15 Does the Stormwater Management Program provide for an illicit discharge 0 brochure, poster or other educational material development and distribution? 7.3.16 Does the Stormwater Management Program provide for a septic system ❑ 0 0 program in conjunction with the Health Department? 7.3.17 Does the Stormwater Management Program provide street sweeping, 0 inspecting and cleaning inlets and outfalls? 7.3.18 Does the Stormwater Management Program establish procedures to 0 coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? 7.3.19 Does the Stormwater Management Program establish procedures to 0 maintain the sanitary sewer system? 7.3.20 Does the Stormwater Management Program establish a Household Waste El 0 Recycling Program? SWMP Assessment Page 21 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.21 Septic Systems a. Percent of population on septic systems. <1 % b. The number of regular maintenance and inspection reminders issued 0 to tank owners. c. The number of partnerships formed with private pumping companies. Q d. The number of post construction inspections conducted to insure Q proper installation. e. The number of scheduled pump -outs and routine maintenance work Q conducted. 7.3.22 Identifying Illicit Connections a. The number of sites prioritized for inspection. p b. The number of illicit connections reported by citizens. Q c. The number of illicit connections found. 0 d. The number of illicit connections repaired/replaced. p e. The number of illicit connection referrals. p 7.3.23 Illegal Dumping a. The number of fliers, posters, or other public education tools 30 distributed. b. The number of illegal dumps reported by citizens. p c. The number of penalties enforced upon the participants of illegal p dumps. d. The number of illegal dump or sit -out clean-ups completed. p e. The number of illegal dump or sit -out referrals to Division of Water Q Quality. 7.3.24 Industrial or Business Connections a. The number of dry weather tests/inspections completed. NIA b. The number of high -risk connections prioritized. NIA c. The number of illicit connections reported by employees or NIA businesses. d. The number of illicit connections found. NIA e. The number of illicit connections repairedlreplaced. NIA SWMP Assessment Page 22 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.3.25 Recreational Sewage a. The number of pump -out stations. NIA b. The number of no -discharge areas created. NIA c. The number of new signs added to inform users of dumping policies NIA and alternatives. d. The number of enforced cases of recreational dumping. NIA e. The number of citizen complaints made reporting illegal action. NIA 7.3.26 Sanitary Sewer Overflows (SSO) a. The number of overflows reported. 8 b. The number of overflow causes that were identified during inspections. 8 c. The number of sites repaired. $ 7.3.27 Wastewater Connections to the Storm Drain System a. The number of rerouted connections. 0 b. The number of dry weather monitoring activities performed. Q c. The number of unwarranted connections reported. 0 d. The number of unwarranted connections found. Q e. The number of unwarranted connections repairedlreplaced. Q SWMP Assessment Page 23 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your.Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4 Construction Site Stormwater Runoff Control Yes No NIA 7.4.1. Does the permittee rely on the NCDENR Division of Land 0 13 El Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure? (if no, go to 7.4.2) If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. 7.4.2. Does the permittee rely on rely on a locally delegated program to meet these requirements? (If no, go to 7.4.3) a. If the permittee relies on a local government to comply with this ❑ ❑X minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government, to see if the site is in compliance? b. If the permittee relies on a local government to comply with this ❑X minimum measure, does the permittee monitor the local government program for effectiveness in the permittee jurisdiction? c. If the permittee relies on a local government to comply with this ❑X minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? d. If the permittee relies on a local government to comply with this 7 minimum measure, does the permittee monitor follow-up action by that local government? e. If the permittee relies on a local government to comply with this ❑ ❑ ❑X minimum measure, does the permittee maintain a record of findings and follow-up procedures? f. If the permittee relies on a local government to comply with this ❑ ❑X minimum measure, does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. SWMP Assessment Page 24 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.3. Does the permittee have a delegated program to meet the 0 requirements of an Erosion and Sediment Control Program? (If no go to 7.4.4) a. Does the Stormwater Management Program provide a table that Q 0 El summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? b. Does the Stormwater Management Program describe the mechanism Q (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. c. Does the Stormwater Management Program describe procedures for Q site. plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. d. Does the Stormwater Management Program describe the permittee's 0 plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. e. Does the Stormwater Management Program describe the permittee's 01111 procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? f. Does the Stormwater Management Program explain the permittee's procedures for the receipt and consideration of information submitted by the public? Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. SWMP Assessment Page 25 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 1 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. g. Does the Stormwater Management Program document the permittee's decision process for the development of a construction site stormwater runoff control program? h. Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including measurable goals for each of the BMPs? i. Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? j. Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? 7.4.4 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? ❑X ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 191 ❑ ❑ The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. 7.4.5 Training and Certification a. The number of training and certification programs offered. 1 b. The number of trained inspectors. 1 c. The number of certified inspectors. 1 d. The number of certified contractors. 2 7.4.6 Inspection and Enforcement a. The number of construction starts greater than one acre. 0 b. The number of construction site inspections completed. 4 c. The number of failed storm water BMPs noted during the inspection(s). 0 d. The number of BMPs reported to be in need of repair. I e. The number of inadequate sites/plans reported by inspectors. 1 f. The number of non -compliant permits reported. p g. The number of enforcement actions taken. h. The number of stop work orders given. i. The number of bonding requirements set. 0 j. The number of complaintslconcerns received from public. 2 SWMP Assessment Page 26 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.4.7 Inspections a. The number of construction sites inspected with brush barriers. 0 b. The number of construction sites inspected that have check dams. 2 c. The number of construction sites inspected that use chemical stabilization. 0 d. The number of construction sites inspected that practice sequencing. 0 e. The number of construction sites inspected with filter berms. 0 f. The number of construction sites inspected that use geotextiles. 2 g. The number of construction sites inspected that use gradient terraces. 0 h. The number of construction sites inspected that use grass -lined channels. 0 i. The number of construction sites inspected that use land grading practices. 4 j. The number of construction sites inspected that use mulching. g k. The number of construction sites inspected that use permanent diversions. 0 I. The number of construction sites inspected that use permanent seeding. 6 m. The number of construction sites inspected that preserve natural vegetation. 8 n. The number of construction sites inspected that use riprap. 0 o. The number of construction sites inspected that use sediment filters and 0 chambers. p. The number of construction sites inspected that use sediment basins and 1 rock dams. q. The number of construction sites inspected that use silt fences. —$ r. The number of construction sites inspected that use sodding. 1 s. The number of construction sites inspected that use soil roughening. 1 t. The number of construction sites inspected with soil retaining structures. 6 u. The number of construction sites inspected that use storm drain inlet 3 protection. v. The number of construction sites inspected that use temporary diversion 0 dikes. w. The number of construction sites inspected that have temporary slope drains. 0 x. The number of'construction sites inspected with vegetated buffers. 0 y. The number of construction sites inspected with designated vehicle 0 maintenance and washing areas. SWMP Assessment Page 27 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5 Post -Construction Storm Water Management in New Development and Yes No NIA Redevelopment 7.5.1 Does the Stormwater Management Plan provide a table that summarizes El ❑ ❑ what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.5.2 Does the Stormwater Management Program describe how the permittee will ❑X ❑ ❑ develop an ordinance or other regulatory mechanism to implement and enforce a program to address post -construction runoff from new development and redevelopment projects? The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. 7.5.3 Does the Stormwater Management Program describe how the permittee will ❑ ❑ ensure the long-term operation and maintenance (O&M) of BMPs? Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. 7.5.4 Does the Stormwater Management Program document the permittee's Q ❑ ❑ decision process for the development of a post -construction storm water management program? The permittee's rationale statement must address the permittee's overall post -construction storm water management program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. The rational statement must include the following information, at a minimum: ■ The permittee's program to address storm water runoff from new development and redevelopment projects. Include in this description any specific priority areas for this program. • How the permittee's program will be specifically tailored for the permittee's local community, minimize water quality impacts, and attempt to maintain pre -development runoff conditions. 7.5.5 Does the Stormwater Management Program explain how the permittee will evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.5.6 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? SWMP Assessment Page 28 of 41 ❑X ❑ ❑ ❑X ❑ ❑ Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.7 Do new development and redevelopment codes allow for the following: Yes No NIA a. Bioretention basins? 0 ❑ 11 b. Alternative pavers? 0 El 11 c. Buffer zones? d. Dry ponds? 0 e. Wet ponds? Z 11 El f. Alternatives to curb and gutter? g. Grass swales? 0 h. Grassed filter strips? 0 i. Green parking lots? 0 j. In -line storage systems? ❑X ❑ ❑ k. Infiltration basins? ❑X ❑ 1. Infiltration trenches? 0 ❑ ❑ m. Manufactured products installed in storm water inlets? ❑X ❑ ❑ n. Developments and redevelopments that use narrow streets? 0 o. On -lot treatment? 0 p. Open space design? 0 q. Sand and organic filters? 0 r. Porous pavement? 0 s. Stormwater wetlands? 0 t. Urban forestry? 0 7.5.8 Does the Stormwater Management Program, in coordination with the 0 ❑ ❑ County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? 7.5.9 Does the Stormwater Management Program provide training for staff and ❑X El 11 developers/builders? 7.5.10 The number of land development applicants notified about project designs 4 that minimize water quality impacts. 7.5.11 The number of educational programs for developers and the public about project designs that minimize water quality impacts. SWMP Assessment Page 29 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT ReportingRep2rting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, -as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.12 BMP Inspection and maintenance Yes No NIA a. Are annual inspection reports required of permitted structural BMPs ❑X performed by a qualified professional? b. The number of BMP inspections and/or maintenance activities. c. The number of problems that were identified and remedied. 7.5.13 New Development and Redevelopment BMP Summary a. The number of development/redevelopment projects regulated for post- 3 construction stormwater control. b. The number of new development sites that use alternative pavers. 0 c. The number of new commercial and residential bioretention cells 2 installed (technically "rain gardens" w/no engineered media). d. The number of new development sites that use buffers. 0 e. The number of catch basins retrofitted with filtering devices. 0 f. The number of new dry ponds installed. 0 g. The number of new developments without curbs and gutters. 0 h. The number of new grassed swales installed. 0 L The number of new grassed filter strips installed. 0 j. The number of new green parking lots installed. 0 k. The number of impervious lots converted to green lots. 0 I. The number of basins installed or retrofitted with flow regulators. 0 m. The number of in -line storage systems installed. 0 n. The number of new infiltration basins installed. 0 o. The number of new infiltration trenches installed. 2 p. The number of new developments that use narrow streets. 0 q. The number of lots that use on -lot treatment. 2 r. The number of manufactured products installed in storm water inlets. 0 s. The number of new developments that use open space design 0 principles. t. The number of new development sites that use porous pavement. 0 u. The number of new sand and organic filters installed. 0 v. The number of storm water wetlands created. 0 w. The number of wet ponds installed. 0 x. The number of acres of new development or redevelopment with 3 structural stormwater controls. SWMP Assessment Page 30 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.5.14 Evaluation of Post -construction Stormwater Management Program Measures a. Model Practices: For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: 1. Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? 2. Do projects permitted as a low density projects meet the following criteria: ■ No more than two dwelling units per acre or 24% built -upon area; and, ■ Use of vegetated conveyances to the maximum extent practicable? 3. Do projects permitted as high density projects meet the following requirements: The stormwater control measures control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume draw - down time must be a minimum of 24 hours, but not more than 120 hours; All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and Stormwater, management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); 4. Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? 5. Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? b. Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? Yes No NIA ❑X ❑ ❑ 0 ❑ ❑ ❑X E] ❑ ❑X ❑ ❑ 0 ❑ ❑ ❑ ❑X ❑ SWMP Assessment Page 31 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater. Management Plan, or any ordinance, agreement, or other regulatory mechanism. Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1— WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post - construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. 7.5.14 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? 7.5.15 Additional Requirements for Nutrient Sensitive Waters a. Has the permittee developed, adopted, and implemented an ordinance Q (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? b. Has the permittee developed and included a nutrient application ❑X ❑ (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program? In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading . reduction requirement. swMP Assessment Page 32 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations Yes No NIA 7.6.1 Does the Stormwater Management Program provide a table that Q ❑ summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? 7.6.2 Does the Stormwater Management Program list the permittee's municipal ❑ ❑ operations that are impacted by this operation and maintenance program? The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for'discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. 7.6.3 Municipal Operations include: Transfer Station Fleet Maintenance Airport Animal Shelters Waste Water Treatment Plan Water Plants Construction Debris Site Transit Authority Public Works Operations Prisons Emergency Service Facilities Fire Stations Landfills Schools Parks Waste Recycling Centers Vehicle Maintenance Operations Vehicle Wash Operations Pump Stations or Lift Stations Other: M ❑ ❑ 0 ❑ 0 ❑ 0 ❑ El ❑ 0 ❑ El 0 ❑ ❑ 0 ❑ 0 ❑ 0 ❑ 0 ❑ 0 ❑ 0 ❑ 0 SWMP Assessment Page 33 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT ReportingReporling Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.4 In addition to conducting staff training on stormwater pollution prevention ❑X and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? 7.6.5 Does the Stormwater Management Program describe any existing, available materials the permittee plans to use? 7.6.6 Does the Stormwater Management Program describe how this training 210 0 program will be coordinated with the outreach programs developed for the public information minimum measure and the illicit discharge minimum measure? 7.6.7 Does the Stormwater Management Program describe maintenance ❑X activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? 7.6.8 Does the Stormwater Management Program describe the permittee's controls for reducing or eliminating the discharge of pollutants from municipal parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor storage areas, and salt/sand storage locations and snow disposal areas permittee operate? 7.6.9 Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? 7.6.10 Does the Stormwater Management Program describe the permittee's ❑X ❑ ❑ procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects are assessed for incorporation of additional water quality protection devices or practices? SWMP Assessment Page 34 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.11 Does the Stormwater Management Program describe the permittee's Q decision process for reviewing existing ordinances for possible modification to address stormwater issues? 7.6.12 Does the Stormwater Management Program document the permittee's ❑X ❑ decision process for the development of a pollution prevention/good housekeeping program for municipal operations? The permittee's rationale statement must address the permittee's overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for the permittee's program. 7.6.13 Does the Stormwater Management Program explain how permittee will ❑X ❑ ❑ evaluate the success of this minimum measure, including the measurable goals for each of the BMPs? 7.6.14 Industrial Activities Yes No NIA a. Did the permittee conduct annual review of the industrial activities with a ❑ ❑ ❑R Phase I NPDES stormwater permit owned and operated by the permittee? b. Did the permittee review the Stormwater Pollution Prevention Plan, the ❑ ❑ K timeliness of any monitoring reports required by the Phase 1 permit, and the results of inspections and subsequent follow-up actions at the facilities. 7.6.15 Does the permittee have an O&M plans for facilities? ❑x ❑ ❑ 7.6.16 Did the permittee develop a right of way inspection/maintenance program? ❑X ❑ ❑ 7.6.17 Does the permittee have a Used Oil Recycling Program? ❑ 0 7.6.18 Does the permittee have a street sweeping program? ❑ ❑X ❑ 7.6.19 Does the permittee have a program to clean catch basins, storm lines, and ❑X ditches? 7.6.17 Does the permittee review fertilizer and pesticide use programs? 7.6.18 Does the permittee have spill prevention plans at city facilities? ❑ ❑ ❑X o ■ ■ SWMP Assessment Page 35 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Lgeporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.19 City Facilities Inspections Yes No NIA a. Does the permittee inspect vehicle washing fueling, storage and ❑ ❑ ❑X maintenance areas? b. Does the permittee inspect material storage areas (i.e., Q El 1:1 storage areas for sand, salt, fertilizers, pesticides and other chemicals)? c. Does the permittee inspect stormwater outfalls? 0 11 El d. Does the permittee inspect culverts? 0 El ❑ e. Does the permittee inspect swaleslditchs? 0 f. Does the permittee inspect catch basins, inlets, and grates? a] ❑ El g. Does the permittee inspect MS4 pipes? h. Does the permittee inspect solid and hazardous waste management 0 facilities and recycling centers? i. Does the permittee inspect animal shelters and pounds? 0 j. Does the permittee inspect parking lots? k. Does the permittee inspect parks and open spaces? 0 I. The number of inspections conducted. 21yr 7.6.20 Alternative Products a. The number of educational materials distributed on alternative NIA products? b. The number of consumers surveyed who have increased their use of NIA alternative products. 7.6.21 Alternative Discharge Options for Chlorinated Water a. The number of pool owners informed of the options for discharging chlorinated water. b. The number of enforcement actions pertaining to pool water discharges. SWMP Assessment Page 36 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.22 Automobile Maintenance a. The number of employees trained in preventing pollution from NIA automobile maintenance activities. b. The number of sites rewarded as being a "clean site" under a NIA rewards program. c. The number of spills reported. q d. The number of educational materials distributed at garages, auto 0 shops, and other automobile -related businesses. 7.6.23 Hazardous Materials Storage a. The total number of storage facilities equipped to store hazardous NIA materials. b. The number of regularly inspected storage units. NIA c. The number of employees trained in hazardous material storage and NIA maintenance. 7.6.24 Illegal Dumping a. The number of "no dumping" signs posted. 0 b. The number of educational materials distributed. 0 c. The number of reports of illegal dumping received. 0 d. The number of dump sites and/or illegal sit -outs cleaned up. 0 e. The number of sites improved to eliminate as target dumping spots. 0 f. The number of enforcement actions pertaining to illegal dumping. 0 7.6.25 Landscape and Lawn Care, and Pest Control a. The number of stores/gardens participating in education programs. NIA b. The number of residents trained in safe landscaping, lawn care, and NIA pest management techniques. c. The number of classes/seminars offered in landscaping and lawn NIA care. d. The number of educational materials distributed. NIA e. The number of municipal employees trained in integrated pest management. SWMP assessment Page 37 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 12012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.26 Parking Lot and Street Cleaning a. The number of parking lots. b. The number of scheduled parking lot and/or road c 7.6.27 Pet Waste a. The number of dog parks. b. The number of "pooper-scooper" stations installed c. The number of educational materials distributed. 7.6.28 Road Salt Application and Storage a. The number of storage facilities included in a reg& maintenance program. b. The number of employees trained in road salt appli c. The quantity of salt applied to roadways (in tons). d. The quantity of alternative products used (in tons), 7.6.29 Septic Systems a. The number of septic systems. b. The number of systems that are inspected regularl,. c. The number of reminder and educational fliers disti d. The number of people trained in inspection and ins systems. e. The number of failed septic systems. 7.6.30 Spill Response and Prevention a. The number of leak detection devices installed at n b. The number of preventative maintenance procedur tanks, valves, pumps, pipes, and other equipment. c. The number of personnel trained in spill response. d. The number of regularly inspected high -risk facilitie e. The number of educational materials distributed to employees. SWMP Assessment Page 38 of 41 STORMWATER MANAGEMENT PROGRAM ASSESSMENT ReportingLReporting Period 1 2012 1 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 7.6.31 Storm Drain System Cleaning a. The number of outfalls cleaned regularly. 124 b. The number of storm drains cleaned regularly. 66 c. The amount of trash, sediment, and other pollutants removed during 1.25 cleaning (in tons). 7.6.32 Used Oil Recycling a. The number of gallons of used oil collected from municipal operations. NIA b. The number of recycling facilities that collect oil from municipal NIA operations. c. The number of educational materials distributed to municipal NIA employees. 7.6.33 Vehicle Washing a. The number of educational materials distributed to municipal NIA employees. b. The number of designated municipal vehicle washing areas. NIA SWMAAssessment Page 39 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Reporting Period 2012 Permit No.:NCS000430 For the reporting year, check the appropriate box (i.e., yes, no, or not applicable), or where requested indicate the number, as it applies to your Stormwater Permit, approved Stormwater Management Plan, or any ordinance, agreement, or other regulatory mechanism. 8.0 Program Accomplishments 8.1 The number of stormwater management position p created/staffed. 8.2 Total annual budget (excluding Capital Improvement $p Projects) for the NPDES stormwater management program for the reporting year. 8.3 The number of Capital Improvement Projects planned. 0 8.4 The number of Capital Improvement Projects active. Q 8.5 The number of Capital Improvement Projects completed. Q 8.6 Total annual budget (excluding Capital Improvement $0 Projects) for the NPDES stormwater management program for the reporting year. 9.0 Ordinance, Legal or Regulatory Authority Reviewed Drafted Adopted 9.1 Illicit Discharge Detection & Elimination 0 9.2 Erosion & Sediment Control 0 9.3 Post -Development Stormwater Management 0 9.4 Stormwater Ordinance 0 9.5 Unified Development Ordinance 9.6 Flood Damage Protection Ordinance 0 9.7 Other: Hillside Development Ordinance (Steep Slope) 0 9.8 Other: 11 9.9 Other: 11❑ ❑ SWMA Assessment Page 40 of 41 Six Minimum Measures STORMWATER MANAGEMENT PROGRAM ASSESSMENT Root Causes Internal and external assessments identify Phase II program deficiencies and associated opportunities for improvement. Systemic causes of problems within the Phase II programs may be identified through root cause analysis. Review those questions that you have indicated are not applicable to determine if they if they deserve further consideration. For those requirements that are being met, give your staff a pat on the back. For those that are not being met, determine the root causes of Phase 11 program deficiencies. Root causes include: • Unclear or conflicting federal, state, county or local Requirements • Insufficient staff • Insufficient funding • Insufficient resources (including equipment, tools, funding and staff) • Lack of or inadequate plans, procedures or guidelines • Plans, procedures, or guidelines are not current • Failure to implement plans, procedures or guidelines ■ Insufficient or inadequate training ■ Insufficient or inadequate record keeping and reporting ■ Inadequate authority ■ Failure to enforce authority ■ Inadequate response or cooperation from federal, state, or local agencies Plan of Action The permittee should develop corrective or preventive actions that address the root causes of problems and seek to prevent the recurrence of Phase II Program deficiencies. Root causes may often indicate shortcomings in the underlying management system; management system -related causes of non- compliance indicate opportunities for improvement of the Phase II Program. In addition to responsibilities for periodic review of the Phase II Program, top management personnel are also responsible for approving corrective/ preventive actions developed to solve identified problems or deficiencies. Management review and approval of recommended solutions constitutes "buy -in" and significantly enhances the effectiveness of solutions that are implemented. After preventive and corrective actions have been developed and approved, they must be implemented to support continuous improvement. Solutions designed to solve the causes rather than the symptoms of compliance or management system deficiencies contribute to long-term enhancement of the Phase II Program. SWMP Assessment Page 1 of 1 Root Cause and Plan of Action State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC.USE.ONLY, . Date Rec'd 'ZO(c) Fee Paid Permit Number 36 NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use'by public bodies seeking NPDES sormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000430 ) a. Name of Public Entity Town Of Montreat Seeking Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91— 97 Classification Code e. County(s) Buncombe f. Jurisdictional Area (square 3.87 miles g. Population Permanent 730 Seasonal (if available) 12,864 est. h. Ten-year Growth Rate 1.76% i. Located on Indian Lands? ❑ Yes ®Na II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 3.87 b. River Basin(s) French Broad c. Number of Primary Receiving Streams 4 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential <40% • Commercial N/A • Industrial N/A • 0 en Space >60% Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program- ❑ Yes. ® No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with 10Yes ®No a permitted Phase I entity ? b. If so, provide the name and permit number of that entity: - • Name of Phase I M54 • NPDES Permit Number c. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Black Mountain Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Steve Jones • Contact Address 106 Montreat Road, Black Mountain, NC 28711 • Contact Telephone Number (828) 419-9300 c. Are legal agreements in place to establish responsibilities? ® Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority David E. Currie has been delegated b. Title/position of person above Code Administrator/Building Inspector c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 NPDES RPE Stormwater Permit Application Please seethe application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of -fines and imprisonmen for knowing violations. Signature Name David'E. Currie Title Code Administrator/Building Inspector Street Address 96 Rainbow Terrace (physical address) PO Box P. O. Box 423 City Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828)669-3810 E-Mail inspections@townofmontreat.org VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person David E. Currie b. Title Code Administrator/Building Inspector c. Street Address 96 Rainbow Terrace (physical address) d. PO Box P. 0. Box 423 e. City Montreat f. State NC g. Zip 28757 h. Telephone Number (828) 669-8002 i. Fax Number (828) 669-3810 j. E-Mail Address inspections@townofmontreat.org Page 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste 0 Management Program 0 b. UIC program under SDWA c. NPDES Wastewater Discharge 0 Permit Number d. Prevention of Significant 0 Deterioration (PSD)• Program 0 e. Non Attainment Program f. National Emission Standards for 0 Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under 0 section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. TMDL Identification 2. RECEIVING STREAMS TABLE OF CONTENTS Page 4 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. CO -PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 CFtom. maam= st NPDES RPE Stormwater Permit Application Town of Montreat Comprehensive Stormwater Management Program Report January 1, 2010 Table of Contents Part 1. Storm Sewer System Information Page 3 Section 1.1 Population Served Page 3 Section 1.2 Growth Rate Page 3 Section 1.3 Jurisdictional and MS4 Service Areas Page 3 Section 1.4. MS4 Conveyance System - Page 3 Section 1.5 Land Use Composition Estimates Page 3 Section 1.6 TMDL Identification Page 4 Part 2. Receiving Streams Page 5 Part 3. Existing Water Quality Programs Page 6 Section 3.1 Local Programs Page 6 Section 3.2 State Programs Page 7 Part 4. Permitting Information Page 8 Section 4.1 Responsible Party Contact List Page 8 Section 4.2 Organizational Chart Page 8 Section 4.3 Signing Official Page 9 Section 4.4 Duly Authorized Representative Page 9 Part 5. Co -Permitting Information (Not Applicable) Page 9 Part 6. Reliance on Other Government Entity Page 10 Part 7. Stormwater Management Program Page 11 Section 7.1 Public Education and Outreach Page 11 Section 7.2 Public Involvement and Participation Page 15 Section 7.3 Illicit Discharge Detection and Elimination Page 17 Section 7.4 Construction Site Stormwater Runoff Control Page 22 Section 7.5 Post -Construction Stormwater Management Page 22 Section 7.6 Pollution Prevention/Good Housekeeping Page 27 Duly Authorized Representative Designation Appendix A: BMP Summary Table Appendix B:Town of-Montreat Stormwater Management Ordinance Appendix C: Buncombe County Soil Erosion and Sedimentation Control Ordinance Page 2 SW U-261-103102 NPDES RPE Stormwater Permit Application Town of Montreat Comprehensive Stormwater Management Program Report January 1, 2010 Part I. Storm Sewer System Information ' Section 1.1 Population Served ' The Town of Montreat has a permanent population of approximately 730 based on recent numbers from the State of North Carolina Data Center and local figures. During the months of May, June, July and August the seasonal population increases to 12,864 based on information ' provided by the Montreat Conference Center for conference attendees. Section 1.2 Growth Rate A population count of 630 from the 2000 census, contrasted with the more recent data indicates a 15.8% total growth over that nine year period, or a 1.76% annual growth rate. Section 1.3 Jurisdictional and MS4 Service Area Certification for Powell Bill funding indicates total mileage of participating roadways to be 15.23 miles. Total Jurisdictional and MS4 service area is calculated at approximately 3.87 square miles for the Town. Section 1.4 MS4 Conveyance System The MS4 conveyance system for the Town consists of a combination of culverts ranging from 12" to 72" in size, French drains, catch basins, open swales and ditches, and one dry lake. Routine maintenance involves regular inspection and cleaning of culverts and catch basins, and closely monitoring performance of these systems and their effectiveness during and following storm events. One engineered stormwater detention system has been added within the last three years with scheduled maintenance performed as required by the system designer. All conveyance systems within the corporate limits are owned and maintained by the Town, with no state-owned roads present within our jurisdiction. Section 1.5 Land use Composition Estimates The Town of Montreat is primarily a residential community, with no commercial tax base or industrial development. Montreat Conference Center, the founding non-profit entity within the Town, is one of three national conference centers affiliated with the Presbyterian Church USA, annually visited by over 35,000 people. The Town is also home to Montreat College, a Christian liberal arts college offering master's, bachelor's, and associate's degrees. The Board of Commissioners adopted the Town of Montreat Comprehensive Land Use Plan in 2008, along with the Open Space Conservation Plan (OSCP). The primary focus of the OSCP is to enhance the Town's ability to protect lands with high natural resource value. More specifically, the Plan aims to: Page 3 SWU-26+103102 NPDES RPE Stormwater Permit Application • provide the strategies, plans, and guidance that will realize the Town's long-term vision for conserving important open spaces and natural resources; • establish a ranking system to set priorities for use when evaluating properties in the Town for conservation; • inform the public on open space and land conservation issues, policy, process and plans; • enhance public awareness about the benefits derived from - and threats posed to - Montreat's diverse natural resources; and • establish and guide the use of the Town's Conservation Fund. There are currently approximately 180 remaining platted, undeveloped lots in Montreat, with more than 60% of the jurisdictional land held in conservation (protected open space) easement. Due to 'the highly residential composition of the Town, the greatest concentration of impervious cover is localized within the Town Center area where the larger institutional -use buildings and parking owned by Montreat Conference Center and Montreat College are located. Section 1.6 TMDL Identification The Town is currently not under EPA or NCDENR authority for Total Maximum Daily Load (TMDL) allocation for discharges into controlled body of water [requirements] or receiving streams. Page 4 5WU-264-103102 NPDES RPE Stormwater Permit Application Part II. Receiving Streams The Town of Montreat is located within the French Broad River Basin. Table 1. French Broad River Basin Receiving - Steea2in Water Quality Use•Support, Water.'' ' Stream Segment ;ClassifICat1onr r_ Ratmgx - z . Quality a * 303(d)`List mow, Name" ' = F IssueS . Flat Creek Headwaters C, HQW Supporting None NIA Identified Upper NW Big Piney Corner into C, HQW Supporting None NIA Branch Flat Creek Identified South of Kitchen Sourwood C Supporting None NIA Branch Gap into Flat Identified Creek West Lower Un-named Area below Unrated Supporting None NIA Tributaries Little Piney Identified Branch Page 5 5WU-264-103102 NPDES RPE Stormwater Permit Application Part III. Existing Water Quality Programs Section 3.1 Local Programs Comprehensive Land Use Plan — Adopted in April of 2008, the Comprehensive Plan is one step toward ensuring that new development and the infrastructure and services that accompany it help Montreat remain a tranquil town, while much of the natural environment remains intact. The plan is a reflection of the community's desires and serves as a policy guide that will aid decision makers over the coming years. The plan outlines goals and proposes regulations that protect and improve water quality, safeguard human health, protect aquatic habitats and encourage stewardship and pollution prevention within Montreat. Open Space Conservation Plan — Adopted in 2007, the primary focus of the Open Space Conservation Plan is to enhance the Town's ability to protect lands with high natural resource value. More specifically, the Plan aims to: ' • provide the strategies, plans, and guidance that will realize the Town's long-term vision for conserving important open spaces and natural resources; • establish a ranking system to set priorities for use when evaluating properties in the Town for conservation; inform the public on open space and land conservation issues, policy, process and plans; ' 0 enhance public awareness about the benefits derived from - and threats posed to - Montreat's diverse natural resources; and • establish and guide the use of the Town's Conservation Fund. ' Stormwater Management Regulations — The Town of Montreat has adopted new Stormwater 9 9 P ' Management regulations that require application for approval and permitting of projects as small as 5,000 square feet disturbed area, 24% total lot area developed to include impervious cover, or addition of 2,500 square feet impervious surface. Details of the new regulations can ' be found in Section 7.5 of this report. Flood Damage Prevention Ordinance — Based upon the State model, the new Flood Damage ' Prevention Ordinance and new Flood Insurance Rate Maps became effective January 6, 2010. The Ordinance requires enforcement of increased riparian buffer widths around streams with no established Base Flood Elevations. Hillside Development Ordinance — During the summer of 2009, the Town adopted a Hillside Development Ordinance that contains provisions requiring detailed geotechnical site assessments for steeply -sloping lots, and establishes guidelines that limit the amount of site disturbance and impervious cover that may be introduced; ultimately, with the goal of reducing the overall potential negative impacts to the surrounding watershed through decreased site ' instability and erosion. Erosion and Sedimentation Control -- The Town continues to enforce Buncombe County Erosion and Sedimentation Control permitting requirements for land -disturbing activities greater than one acre. Page 6 SWU-264-103102 NPDES RPE Stormwater Permit Application ' Street Standards Ordinance — Recently amended street standards for the Town include language encouraging the use of stormwater Best Management Practices (BMP's) wherever practicable, to minimize additional impervious cover and include provisions for narrower lanes ' to service lower traffic volume areas. Building Code Amendments — The Town has amended building regulations within the General Ordinances to include financial incentives for developers and builders that utilize Low Impact Development (LID) practices for projects; hire approved Clear Water Contractors to conduct site grading; incorporate stormwater or graywater collection/recycling systems; or pursue ' LEED, Green Globe, NAHB Green Home, or other state or nationally recognized third -party certification for "Green" site development and building practices. ' Section 3.2 State Programs The Town of Montreat has no existing programs that are implemented by the state within the ' MS4 service area. Page 7 SWU-264-103102 INPDES RPE Stormwater Permit Application Part IV. Permitting Information Section 4.1 Responsible Party Contact List Measurable h. `'� `Positiom" 11Name " TdqPh6ne.. Fax E-Mail L1:14 , -v� A _,I, -4 Sections 7.1 Town Ron Nalley (828) 669-8002 (828) 669-3810 townadmin@townofmontreat.org and 7.6 Administrator Code Sections 7.1; Administrator/Building 7.2; 7.3; 7.4; David Currie (828) 669-8002 (828) 669-3810 inspections@townofmontreat.org 7.5; and 7.6 Inspector Sections 7.1; Steve Public Works 7.2; 7.3; and (828) 669-8002 (828) 669-3810 publicworks@townofmontreat.org Freeman Director 7.6 See Sections for Specific Res nsbilities Section 4.2 Organizational Chart Page 8 (zwi iz) r,4 -1 n 11 n) NPDES RPE Stormwater Permit Application Section 4.3 Signing Official The signing official for the Town of Montreat is David Currie, the duly authorized representative. David Currie serves as the Code Administrator/Building Inspector and has oversight and responsibility over stormwater matters. Mr. Currie was unanimously appointed as the Town's authorized representative for the National Pollutant Discharge Elimination System Permit on February 11, 2010. Section 4.4 Duly Authorized Representative ' The Town of Montreat Board of Commissioners appointed David e. Currie as the Town's authorized representative to apply for the National Pollutant Discharge Elimination system permit. Mr. Currie serves as the Code Administrator lBuilding Inspector and has oversight and ' responsibility over stormwater matters. Written authorization from Mayor Letta Jean Taylor is submitted along.with the Stormwater Management Program Plan. Part V. Co -Permitting Information [Not Applicablei ' The Town of Montreat is not working with another MS4 or group of MS4s to develop and implement the Phase II stormwater program within our jurisdictional area. I SW U-264-1 U3142 Page 9 NPDES RPE Stormwater Permit Application Part VI. Reliance on other Government Entity to Satisfy One or More Permit Obligations ' The Town of Montreat relies on the following government entities to satisfy one or more permit obligations and is not applying as co-permittees: Sedimentation and Erosion Control: ' Buncombe County Planning Department Erosion and Sedimentation Control Program Mr. Michael Brookshire Buncombe County Planning Department, 46 Valley Street, Asheville NC 28801 Telephone Number: (828) 250-4848 I A legal agreement is in place establishing the relationship between the County and the Town for administration of this program. ' Hazardous Materials: North Carolina Hazardous Materials Regional Response Team ' Asheville Fire Department P.O. Box 7148, Asheville NC 28802 Telephone Number: (828) 259-5636 ' Statutory authority is in place for the RRT to respond to emergencies in Montreat through the Black Mountain Fire Department. ' Public Education Assistance (in addition to Town Educational Initiatives): ' Land -of -Sky Regional Council Mr. Bill Eaker Environmental Services Director 339 Leicester Highway, Suite 140, Asheville, NC 28806 Telephone Number: (828) 251-6622 ' Montreat is a member of the Regional Council of Governments and participates in the regional initiative to produce public information on stormwater management. Page 10 SWU-264-103102 NPDES RPE Stormwater Permit Application Part VIf. _ Stormwater Management Program Plan The goals of this Storm Water Management Program (SWMP) Plan are to: 1. Reduce the discharge of pollutants from the municipal separate storm sewer system ' (MS4) to the maximum extent practicable; 2. Protect water quality; and 3. Satisfy the appropriate requirements of the Clean Water Act. This SWMP contains the actions to be taken to effectively develop and implement the six (6) required Phase II measures within Montreat and effectively fulfill the above stated program ' goals. Included in this SWMP Plan are the best management practices (BMPs) that will be used to fulfill program requirements, frequency of each BMP, measurable program goals, implementation schedule, and responsible positions. Appendix A provides a summary of all ' these BMPs. Staff of the Town of Montreat under the direction of the Town Administrator are responsible for the fulfillment of all activities discussed in this SWMP. The development and implementation of this SWMP will be completed within five (5) years from the effective date of ' the issued NPDES Permit. ' Section 7.1 Public Education and Outreach on Storm Water Impacts The Town of Montreat has developed and implemented a public education program to ' distribute educational materials to the community and conduct outreach activities focused on the impacts of storm water discharges on waterbodies and the steps that the public can take to reduce these impacts and protect water quality conditions. The following Sections explain the ' BMPs implemented to meet these requirements, audience and pollution sources that will be targeted, outreach strategy, decision process and measures of success. Target Pollutants ' Sedimentation continues to be our primary target pollutant source and the reason our program directs educational resources to our local development community. We have also developed ' materials that teach residents to be aware of run-off pollutants from yards and streets and the importance of keeping drains and ditches free of debris. Lawn care activities, illicit connections, improper disposal and poor housekeeping are pollution sources targeted for addressing as part of the public education program in Montreat. I SWU-264-103142 Page 11 NPDES RPE Stormwater Permit Application BIVIP Summary Table for the Public Education and Outreach Program - Pr��, PKIN"NIVIF56 Ura 19-Wobilg! R -A�,,F�JW IR�' L!RfFp— —s!15107 Ja" 1. Implement Distribute annual stormwater X X X X X Code Education newsletter that targets a specific Administrator and storm water problem and actions that Outreach can be taken to reduce water quality Program impacts. Distribute regional and local pollution X X X X X Town prevention brochures and educational Administrator materials at special events and in the and Code town services building. Administrator Maintain stormwater informational X X X X X Code web page on the Town of Montreat Administrator website. Create two stormwater demonstration x x Public Works sites developed through "green" Director street design and other water quality initiatives Advertise LID Workshops for X X X X X Code Builders/Developers in conjunction Administrator with the Town's regional partners. Advertise Clear Water Contractors X X X X X Code Certification Course in conjunction Administrator with the Town's regional partners. Stencil or label new storm drains to X X X X X Public Works prevent illicit discharge Director I --- - --SWU-264-103102 Page 12 NPDES RPE Stormwater Permit Application Target Audience The target audiences for the public education program include those entities within Montreat that will have significant positive and/or negative impacts on water quality conditions. The audiences selected are listed below along with an explanation as to why they are being targeted for educational outreach. General Public: The general public has-been selected as a target for the educational program due to the significant negative impacts they can have on water quality conditions including dumping oil and other wastes into storm drains, improper disposal of household hazardous wastes, improper disposal of yard wastes along creek banks and improper application of pesticides and herbicides on lawns. The general public has also been targeted due to the significant positive impacts they can have on water quality including reporting pollution problems observed in streams. The general public has also been targeted due to their potential to provide significant volunteer hours for improving/protecting water quality through participation in the stream clean-ups, landcare initiatives and storm drain marker programs. Developers: Developers have been targeted due to their potential to cause negative impacts to water quality from activities such as improper handling of waste and poor housekeeping measures as it relates to construction sites and sedimentation control. Institutional: Institutional facilities have been targeted due to their potential to cause negative impacts to water quality from activities such as improper handling of waste, illicit discharges and poor housekeeping measures. Some specific institutional facilities that have been targeted include: Montreat College and the Montreat Conference Center. Our target audience consists of the large non-profit entities based in Montreat, homeowners, and the development community. Outreach and Decision -Making Methodology The Town participated in a regional work group convened by Land -of -Sky Regional Council to develop Public Service Announcements, brochures, and website information. Locally, we provide this information to the public and the development community through the Town's Inspection Department, Town newsletter, and on our Town website. The outreach strategy will include the following mechanisms: Printed Brochures and Newsletters: This outreach mechanism will be used to target specific pollution sources associated with the general public, institutional facilities and developers. Brochures will be distributed during responses to citizen requests for service, inspections and at event displays. Brochures will also be developed to increase public involvement in water quality volunteer initiatives such as the annual stream clean-ups, landcare initiatives and storm drain marker programs as well as to increase public reporting of pollution problems. This information will be distributed at event displays and when responding to citizen requests for service. An annual stormwater newsletter will be used to provide information concerning Phase II Program activities and specific measures for protecting water quality. The newsletter will be distributed by mail to targeted groups and handed out at event displays as well as posted on our web page. Page 13 SWU-264-103102 NPDES RPE Stormwater Permit Application ' Newspaper Ads: Newspaper ads will be run in the Spring and Fall of each calendar year to target a variety of water quality issues associated with the general public including proper lawn care practices, proper disposal of household hazardous wastes and proper disposal of used oil ' and other waste automotive products. The ads will also be used to encourage the reporting of illicit connections, improper disposal and general water quality problems as well as to increase involvement in volunteer activities. The ads will also be used to inform the general public that ' they are not to be used for the disposal of waste products. Media: Radio and television ads will be run in conjunction with the regional stormwater ' initiative established by Land -of -Sky Regional Council to target the general public, focusing primarily on the actions that citizens can take to prevent negative water quality impacts. Participation in volunteer programs will also be emphasized as part of this media campaign. ' Web Page: A web page, developed during the first year of the permit, is directed at all the target audiences including the general public and institutional entities. Specific information is provided on these web pages directed at the pollution sources. Educational Presentations: Educational presentations will continue to be given annually ' targeted at the general public. These presentations will focus on the efforts necessary to protect water quality and the promotion of volunteer activities and will be scheduled around the summer conference season. Staff Experience: Our Town Building Inspector continues to receive certification training as a North Carolina LID professional, and provides relevant instructional resources to the public and consultation with developers upon request. Demonstration Sites: The Town is currently reviewing plans for a demonstration site utilizing permeable street shoulder design to provide an example of integrated stormwater management for infrastructure development. A second site along Flat Creek is being considered for a Native Plant Garden and will contain an educational component focusing on efforts to protect water quality, repair stream banks and promote volunteer activities. Evaluation The measurable goals for each BMP are listed in the Table above. Other measures of success for the public education program include the following: 1. Number of Citizen Requests for Service Received 2. Number of Water Quality Presentations Conducted 3. Number of Website Inquiries 4. Number of Promotional Material Distributed Page 14 -SWU-264-103102 — - — — NPDES RPE Stormwater Permit Application Section 7.2 Public Involvement and Participation Montreat has developed and implemented a Public Involvement and Participation Program to provide opportunities for the public to participate in Phase 11 program development and implementation. BIVIP Summary Table for the Public Involvement and Participation " FWzpF q'i V6a—Q-6l&G R4 Y7Y � \NRY- T 'Responsible' ( .ijAlt Rogtiont 2 Involve the Public in In 2006, Montreat held a public X X X X -X Code all program, permit meeting involving the Administrator and regulatory Stormwater Advisory Committee development and the general public in the development and implementation of the Phase 11 Program. Annual presentations will be made to the Committee concerning the progress of the Phase 11 program. Public meetings will be held to receive comments/input on all proposed changes to the Stormwater Plan. Maintain Storm Drain Marker X X X X X Public Works Program Director Conduct annual stream clean-up X X X X X Public Works event Director Review and or revise X X X X X Code Stormwater Ordinance as part of Administrator the Land Use Code updates by Planning and Zoning Commission and Town Council Page 15 ;WU-264-103102 NPDES RPE Stormwater Permit Application Public Involvement The Town of Montreat encourages public participation in development of all land -use regulations. Our target audience for public participation is the Town Planning and Zoning Commission, Town Council, Montreat Conference Center, Montreat College, as well as the general public. To adopt the Phase II Ordinance, the Town appointed the Planning and Zoning Commission as the Stormwater Advisory Group which assisted in drafting local regulations based on a model ordinance provided by the Institute of Government. The Town Administrator and chairman of the advisory group attended regional Stormwater Work Group meetings which included representation from local developers, NCDWQ staff, a local environmental planning firm, and regional municipal staff and citizen volunteers. This advisory committee will be re- convened annually and coordinate efforts with community stakeholders should our ordinance need to be updated or improved. Volunteer Organizations In addition to Town Committees and public process, Town staff works with local volunteer groups including Montreat College, Warren Wilson College, Montreat Landcare and Buncombe County Emergency Management, on stream and river clean-ups. The Town will continue to involve the public in both our governmental procedures and in supporting and promoting volunteer opportunities. Community Partnerships Recently, the Phase II ordinance was under review due to limited applicability for most of the Town's previously -platted smaller (<'/2 acre) lots. Multiple public meetings were held that elicited input and constructive comments from representatives within the residential community as well as Montreat Conference Center and Montreat College. During fiscal year 2010-2011, the Town will be working to develop a new form -based Unified Development Ordinance (UDO) incorporating all land use codes in a more user-friendly format, and will involve the community in multiple charettes and planning workshops to inform the revision process. Undoubtedly, the Stormwater Management Ordinance will once again be revisited to provide seamless integration within the new regulatory framework. Measurable Goals The decision process for this BMP was based on the requirements of the Phase II program, the existing conditions in Montreat and our best judgment on the most effective method to achieve these goals. In the past 5 years of this program, we have been successful in meeting all public involvement requirements through the passage of the Phase II rules and in working with multiple volunteer groups and organizations. Other measures of success for the public involvement and participation include the following: 1. Number of Volunteer Hours 2. Number of Tons of Trash Removed 3. Number of Miles of Streams Cleaned ' 4. Number of Storm Drains Stenciled Page 16 - ------SWU-264-103102 — - - - NPDES RPE Stormwater Permit Application Section 7.3 Illicit Discharge Detection and Elimination Montreat has developed, implemented and enforced a program to detect and eliminate illicit discharges. The following Sections explain the BMPs implemented to meet this requirement. BMP Summary Table for Illicit Discharge Detection and Elimination ,BMP 'r " '"' :... .... t;. a . Measu 6le"7'Goa a ,- � ; yN �� i .tea. ,, ° :a ��.4 s 1YR' . � YRt x= L-12� � NY . E �. t r. � ��4i,� �Y,R� �Ta5! " 'Res'" po silileVTP, �c.O51tlOrlYv%_Q. 3 Implement and Maintain a map of outfall locations of X X X X X Code Admin. enforce plan to the MS4 system into local receiving and Public detect and streams- Works Director eliminate Illicit Discharges Enforce illicit discharge rules as part X X X X X Code of the adopted Phase II Stormwater Administrator Ordinance Code Admin. Inspect the MS4 periodically for illicit X X X X X and Public discharges. Works Director Investigate complaints of illicit X X X X X Code Admin. discharges by the Public Works and Public Department and Code Administrator. Works Director Develop and administer Town Comprehensive Stormwater X X X X Code Management Plan Administrator Provide employees cross -training for detecting and reporting elicit X X X X X Code discharges Administrator Continue implementing a public outreach program and public X X X X X Code reporting mechanism Administrator System Map With the help of Montreat College, the Town produced a map in 2005 of inlets and outfalls. This information is updated annually as part of a developing Town Comprehensive Stormwater Management Plan (CSMP). After the inventory of the stormwater system was completed, storm sewer system maps were created for use in the implementation of the Illicit Discharge Detection and Elimination Program. Information indicating necessary changes or modifications is collected during routine inspection and maintenance of the Town stormwater sewer system through the Public Works Department, and any proposed additions are subject to review and approval by the Town, Page 17 ---•--SWU-264-103102 - NPDES RPE Stormwater Permit Application Stormwater Management Ordinance The Town of Montreat adopted the Stormwater Management Ordinance in 2005 and revised ' the ordinance in 2009. The Ordinance found in Appendix B states that no person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that ' the substance is likely to reach a stormwater conveyance or the waters of the State. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other ' than stormwater, provided that non-stormwater discharges associated with certain activities are allowed, provided that they do not significantly impact water quality._ The Ordinance goes on to detail procedural guidelines for identifying illicit discharges and clearly toutlines prohibited practices resulting in negative water quality impacts. Enforcement Town employees, especially those working in the Public Works Department and Inspections/Code Administration Department receive training on the hazards of illicit ' stormwater discharges and improper disposal of waste. The Code Administrator has completed coursework in stormwater BMP inspection and maintenance offered as programs developed through joint efforts by NCSU-BAE and NC Cooperative Extension. Our public education program makes information about illicit discharges available to Montreat Conference Center staff and attendees, Montreat College faculty and students, and the general public. The Inspections Department coordinates efforts with the Public Works Department to quickly ' identify alleged illicit discharges and investigate the source within twenty-four hours of alert, with the Stormwater Management Ordinance providing detailed guidance for enforcement procedures. These procedures also include guidelines on when a notice of violation is to be issued and on the assessment of penalties. 1 Detection and Elimination An effective illicit discharge detection and elimination plan is essential to the success of the ' program. Initially, the Town of Montreat searched for illicit discharges as we created the outfall map. By the second year of our program we had our ordinance in place, staff assigned to investigate discharges and trained employees in our Public Works department to be vigilant for ' illicit discharges as they carry out maintenance activities for our streets and drainage facilities. When an alleged illicit discharge is detected, Town staff follows the substance back to its source using visual and olfactory evidence as indicators. If necessary, the Town will use dye to help establish the path of the discharge. Since Plan implementation, approximately eighty- three (83) alleged illicit discharges have been investigated — with all but one determined to be problems associated with malfunctioning sewer lines, and the Metropolitan Sewerage District ' (MSD) of Buncombe County was immediately notified to rectify the situation(s); consequently, MSD has been consistently improving their system within the Town, eliminating "dead ends" and significantly reducing the volume of these nuisance discharge events each year. The ' isolated non -sewer incident was determined to be discharge of potable water from a public water supply source associated with a swimming pool back -flush system. No verifiable illicit discharges have been identified since implementation of our Program. Page 18 cwiE_7Fa_in,A1m - ---- r� NPDES RPE Stormwater Permit Application Locating Priority Areas ' Staff detection, public reporting and water quality monitoring data (performed by Montreat College) will be used as methods for identifying areas that have a higher likelihood of illicit discharges. Data compiled showing inspections conducted, spills responded to, sewer leaks ' detected, notices of violation issued and service requests received also identify priority areas for increased follow up activities by the Code Administrator. For example, an area may be identified where several sewer leaks have been detected over a short period of time. ' Increased follow up activities with the Metropolitan Sewerage District would be assigned in this area to identify the causes of these leaks and initiate the measures necessary to prevent recurrence. 1 Procedures for Tracing the Source of an Illicit Discharge Once a priority area is identified, standardized follow up activities will be performed to identify ' and eliminate all illicit discharges. This will include a careful inspection of streams and other surface waters for impacts from pollutants. All dry weather flows will be identified and observations will be made regarding the physical appearance of the stream. Field monitoring ' equipment and laboratory samples will be used as necessary. Water quality problems will be identified and traced upstream until sources are located. Procedures for Removing the Source of the Illicit Discharge ' Once the source of a pollution problem is detected, the party responsible for the discharge will be immediately identified and a verbal and/or written notice issued for violation of the ' applicable section of the Stormwater Management Ordinance. Immediate discontinuation of the discharge will be required by the notice and follow up activities will be conducted to ensure compliance. All activities will be documented on a report form maintained by the Code ' Administrator. I Procedures for Evaluation of the Plan to Detect and Eliminate Illicit Discharges ' Data compiled showing inspections conducted, spills responded to, sewer leaks detected, notices of violation issued and service requests received will be used as measures to evaluate the effectiveness of the above described plan to detect and eliminate illicit discharges. if the ' plan is effective, the number of pollution problems should be reduced over time. These measures will be tracked and evaluated annually to determine the overall effectiveness of the plan. If proven ineffective, the plan will be re-evaluated and changed as necessary. 1 Page 19 NPDES RPE Stormwater Permit Application Incidental Non-Stormwater Discharges The following incidental non-stormwater discharges associated with the following activities are not considered as significant contributors of pollutants and will not be regulated by the Stormwater Management Ordinance: • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising ground waters; • Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; • Discharges from potable water sources; • Foundation drains; • Air conditioning condensation (commercial/residential); • Irrigation waters; • Springs; • Water from crawl space pumps-, • Footing drains-, • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; • Street wash water; • Flow from fire fighting activities; and • Other non-Stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town. Non-Stormwater Discharges 1 All non-stormwater discharges not listed above are considered significant contributors of ' pollutants and are prohibited by the Stormwater Management Ordinance unless they are permitted as an allowable discharge under a State issued permit. ' Outreach Montreat has developed and implemented a public outreach program to inform public employees, institutions and the general public of illicit discharges and improper waste disposal ' and how they threaten the environment. Cross training of municipal employees also includes techniques for detecting illicit discharges. This outreach campaign includes instructions regarding the proper method for reporting illegal discharges to Montreat. Regional public ' service announcements as well as handouts and brochures are the primary outreach Page 20 Sw11-W;4-10310? - - -- ' NPDES RPE Stormwater Permit Application mechanisms. Handouts and brochures have been developed are distributed during special ' events, when responding to citizen requests for service and in the Inspections Department. This public outreach campaign is conducted by the Code Administrator and is included as a component of the Public Education and Outreach Program described in Section 7.1. ' Employees in other municipal operations are informed of the threat to the environment from illicit discharges as well as the requirements of the Stormwater Management Ordinance through the use of brochures and/or training. This training informs employees of the measures ' necessary to prevent negative impacts to surface water resources. Comprehensive Stormwater Management Plan (CSIVIP) The Comprehensive Stormwater Management Plan (CSMP) currently under development ' mandates maintenance of the outfall map and provides guidance in identifying locations with higher probability of evincing illicit discharges. Montreat is currently developing stormwater utility requirements for implementation that - as part of the CSMP - will provide additional ' revenue to fund stormwater infrastructure improvements; enable "green" retrofits to existing system features and development of more structural BMP demonstration sites; and ensure funding for increased oversight, improved monitoring techniques and maintenance of town - wide stormwater infrastructure. In addition to many other functions, the CSMP will be the tool used to identify specific projects that will be implemented through annual budgeting in the Capital Improvement Plan and pursuit of grant funding. Contrasting future response efforts ' with the current level of effective response to alleged illicit discharges will provide clear performance indicators for evaluating procedural and system effectiveness. ' Evaluation The overall success of the Illicit Discharge Detection and Elimination Program is being ' measured through improvements in water quality conditions. The success of the individual measurable goals established for each of the BMPs associated with the program follows: ' Complete Storm Sewer Maps: The mapping process was completed in 2005. The measurable goal associated with this BMP is the completion of an effective map that clearly illustrates the locations of inlets, outlets and receiving streams with the Town. Develop and Enforce a Stormwater Management Ordinance: The measurable goal associated with this BMP was successfully fulfilled in 2005 with the development, adoption and successful implementation of the Ordinance. Enforcement of this ordinance is ongoing. Employee Cross -training: Each public works employee, the town administrator and code administrator attended regional training on illicit discharge detection and elimination as well as good housekeeping practices. This training will continue to be required for new employees in ' these departments. Develop and Implement a Public Outreach Program: The completion of the regional public ' service announcements, newsletter articles, handouts, brochures and newspaper ads was initiated in 2005 and 2006. These ads contain information to heighten public awareness of local water quality concerns and include instructions for property reporting illegal discharges to I' the Town. Page 21 I NPDES RPE Stormwater Permit Application Section 7.4 Construction Site Stormwater Runoff Control BMP Summary Table for Construction Site Stormwater Runoff Control ly;�i.�rr ;� ;,��,.�`." L:kC._ .,h: •1 " Measurable Goals '"; , .. Fi �'��T �.f._.1+GN`atl.n.+�_3 NYR?T, .. �YR 2 NY i. *YR� iYR� 'Res onsikile��L p Postion_ 4 Enforcement of Coordinate local X X X X X Code County Erosion complaints and building Administrator and Sediment permits with the Buncombe Control Program County Erosion and Sediment Control Program staff. The Town has adopted Buncombe County's Sedimentation and Erosion Control Ordinance that regulates development projects of one acre or more, and coordinates with the county on permitting, inspections and enforcement (see Appendix C). Initial plan review by the Town Inspections Department determines which projects will be coordinated with Buncombe County for permitting, inspections and additional oversight. Section 7.5 Post -Construction Storm Water Management in New Development and Redevelopment BM Summary Table for Post -Construction Stormwater Management in New Development and Redevelopment # BMP Mea" surahle Goals YR 1 YR 2 MR" 3 . YR 4 1(R 5 Res'°" p sible Position 5 Enforce a Post Enforce the model Post Construction X X X X X Code — Construction Stormwater Discharge Ordinance that Administrator Stormwater meets the requirements contained at Discharge section 15A NCAC 2H.0126(10), Post Ordinance Construction Stormwater Management. Require deed restrictions and protective X X X X X Code covenants to maintain the facilities and Administrator restrictions. Enforce a 30 foot separation between X X X X X Code built -upon areas and surface waters. Administrator Limit slope construction and encourage X X X X X Code LID and conservation design. Administrator Encourage Green Infrastructure X X X X X Code Practices Administrator Page 22 NPDES RPE Stormwater Permit Application Stormwater Management Ordinance The Town has adopted a local Stormwater Management Ordinance (see Appendix B) that regulates development and redevelopment projects with as little as 5,000 SF disturbed area, ' 24% total lot area developed to include impervious cover, or the addition of 2,500 SF impervious cover. This ordinance imposes more rigorous review and permitting requirements than were enforced under Buncombe County's Stormwater Ordinance previously in effect. ' The intent of our current ordinance is to regulate post -construction water quality and quantity such that it mimics pre -construction values, and encourages the use of BMP's in the planning phase so that the negative impacts to water quality are minimized to the greatest extent ■ feasible. Operation and Maintenance Agreement In General - Prior to the conveyance or transfer of any lot or building site to be served by a ' structural BMP, the applicant or owner of the site must execute an operation and maintenance agreement that is binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant will have primary responsibility for ' carrying out the provisions of the maintenance agreement. ' Performance Security - The Town 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 structural BMPs are (1) installed by the permit holder as required by the approved stormwater management plan, and/or (2) maintained by the owner as required by the operation and maintenance agreement. ' This requirement may be instituted in addition to and in conjunction with other performance security or bond requirements the Town may require in conjunction with a subdivision or development plan. The amount of a maintenance performance security is determined based ' on the type of BMP and a projected annual maintenance cost as recorded in the maintenance agreement. ' Deed Recordation and Indications on Plat - The applicable operations and maintenance agreement, including but not limited to conservation easement, or dedication and acceptance ' into public maintenance, pertaining to every structural BMP will be referenced on the final plat and 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, or conservation ' easement, or dedication and acceptance into public maintenance, [whichever is applicable] will 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. ' Records of Installation and Maintenance Activities - The owner of each structural BMP is to keep records of inspections, maintenance, and repairs for at least five (5) years from the date ' of creation of the record and submit the same upon reasonable request to the Stormwater Administrator. Every structural BMP installed must be made accessible for adequate maintenance and repair in accordance with the maintenance agreement, including, but not Page 23 — —-swti-2r,4-1n3irn - — - - -- - - NPDES RPE Stormwater Permit Application limited to a maintenance easement. If a maintenance easement is provided then it will be recorded and its terms will specify who may make use of the easement and for what purposes. Site Plan Requirements and Review ' All permitted projects require site plan review. The stormwater permit application is required to describe in detail how post -development stormwater run-off will be controlled and managed, ' the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of the ordinance. The following information is required as part of the submittal: ' Existing Conditions 1 Proposed Site Plans - Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); ' boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. ' Natural Resources Inventory - A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. ' Stormwater Management System Plan - A written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; low impact design elements; location of t existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel ' modifications, such as bridge or culvert crossings. ' Additional targeted impacts to water quality include: ' Fecal Coliform - The Town Building Inspector coordinates with the Buncombe County Health Department to track scheduled maintenance and inspection of the few, privately -owned existing on -site wastewater treatment facilities. Recently adopted town policy prohibits ' installation of any new, privately -owned on -site waste treatment facilities and requires connection to the public sanitary sewer system administered by the Metropolitan Sewerage District of Buncombe County. 1 Trout (Tr) Waters and Other Streams- In addition to standards for stormwater handling set out ' in the design manual, larger development and redevelopment projects that drain in whole or part to class TR waters must design and implement the best stormwater practices that do not I' result in a sustained increase in the receiving water temperature, while still meeting the other requirements of the ordinance. Smaller qualified projects that are determined to create a Page 24 NPDES RPE Stormwater Permit Application potential negative impact to class TR waters due to design, type of improvement, or other relevant factors, are also be required to comply with this standard. The Town has no designated nutrient -sensitive waters receiving drainage/discharge that have been identified. General requirements with the Ordinance limit built -upon areas from encroaching within thirty (30) feet landward of all identified perennial and intermittent streams. BMPs Related to Area -Based Requirements Larger Development Projects - All stormwater management plans relating to subdivisions or ' development or redevelopment plans on lots equal to or greater than one acre, or on lots less than an acre with at least 10,000 square feet disturbed area, or which are part of a larger common plan of development or sale, including a subdivision, Planned Unit Development, or ' other Special Use must be prepared by a qualified registered North Carolina professional engineer, environmental scientist or landscape architect, and the consulting professional can perform services only in their area of competence. The Stormwater Administrator will ' determine if the consulting professional may verify that the design of all stormwater management facilities and practices meets submittal requirements for complete applications, and that the designs and plans are sufficient to comply with this ordinance. ' For larger development projects, the designer of the stormwater management measures and plans must 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 the ordinance. A final inspection and approval by the Stormwater Administrator must occur before the release of any performance securities or a Certificate of ' Occupancy is issued. Smaller Projects - Stormwater management plans relating to development or qualifying ' redevelopment on lots less than 10,000 square feet disturbed area in size must meet the minimum permit application requirements of Section 304. 1-3 of the Ordinance (see Appendix B), and applicants must provide designs demonstrating adequate stormwater management ' measures selected from a list of approved BMP's as follows: • Diffuse or Directed Flow Designs ' Rain Gardens • Backyard Wetland ' Stormwater Collection (Cistern) and Reuse Systems • Vegetated Swales • Impervious Removal • Permeable Pavement* *Due to the higher clay content and low permeability of many soils in our region, permeable ' pavement's usefulness is limited to detention as a stormwater management tool in Western North Carolina. ' As -Built Plans and Final Approval - Upon completion of a project, and before a certificate of occupancy is granted, the applicant must certify that the completed project is in accordance with the approved stormwater management plans and designs, and submits actual "as built" plans for all stormwater management facilities or practices after final construction is completed. Page 25 NPDES RPE Stormwater Permit Application The plans must 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. I Enforcement ' Inspections and inspection programs by the Town may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections ' with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and -material or water in BMPs; and evaluating the condition of BMPs. No ' person may obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. INatural Resource and Open Space Protection Several years ago, the Montreat Conference Center placed approximately 2,500 acres surrounding the Town into a conservation easement that will permanently protect this area from future development. The easement will protect critical habitats that aid in protecting and improving water quality by increasing infiltration and groundwater recharge, preventing erosion and contamination of ground water resources and protecting sources of drinking water. In the 1980's, the Conference Center in conjunction with the Town agreed to preserve areas around certain streams, parks and trails through the Greenspace Agreement. The conservation area along with the designated Greenspace areas protects an estimated sixty percent (60%) of developable property in Montreat. In 2007, the Town adopted the Open Space Conservation Plan. The primary focus of the ' Open Space Conservation Plan is to enhance the Town's ability to protect lands with high natural resource value. Specific goals of the plan are found in Part III. ' Green Infrastructure Practices ' "Green" Street Standards - As referenced earlier, the Town of Montreat has adopted guidelines for integrated stormwater management and structural BMPs in its Street Standards Ordinance as an additional method of directing increased use of these measures in Town infrastructure. ' Provisions are in place that allows reduced street travel way width when stormwater features are incorporated such as pervious shoulder materials. Conservation Subdivision design and requirements detailed in our Hillside Development Ordinance further directs future ' development with strong consideration given to pre -development evaluation of natural site drainage and planning practices that minimize introduction of impervious cover and site disturbance. The collective impact of these recently adopted codes is in keeping with ' guidance outlined in the Comprehensive Plan for Montreat and Low Impact Development practices encouraged by the Town. I Page 26 cwii.W;a-1niin)--- _.. _ - -- - - - - - -- - — — -- - - NPDES RPE Stormwater Permit Application Section 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations The Town of Montreat will develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of reducing pollutant runoff from municipal operations. Training materials developed through the EPA, the State of North Carolina or regionally will be used to develop this training program. BMP Summary Table for Pollution Prevention/Good Housekeeping for Municipal Operations iF .rf_ 7 =ijii � rEr E,Ti 'r�R#ti�:. �B=` Mr iP '�0 yi-a,.•��4,r,1 traEr'_,��(0'} ' f','T: ii—. .°C• a,Swr-, 11 �ls• yHs.F:r"b .. wt�i .M- �ni KIe�,^ffi,ac'r.pP.sa,f.c " n' cu r .$;,'{ _ .� , '.. _wS t_. SILit YR$YR 1 --1 i,` ,_ f Z RYYton �3� _R:R` f .bleurable R=7s��pg?.Es .s osi 6 Implement a Municipal Develop and adopt a X X X X X Department Operations Municipal Operations Heads and Stormwater Protection Stormwater Protection Town Program that specifies Program. Administrator Town operations to minimize stormwater Train employees to prevent X X X X X Department pollution. and reduce stormwater Heads pollution. Conduct inspections of X X X X X Public Works Municipal operations. Director Carry out good- X X X X X Department housekeeping policies for Heads stormwater pollution prevention and reduce pollutant run-off, particularly sediment, from municipal sites. Affected Operations This pollution prevention/good housekeeping program affects all municipal operations generally, and adds responsibilities to the specific departments that maintain municipal vehicles, properties and streets including the Police Department, Water Department, Street Department and Sanitation Department. ' The Town of Montreat does not own or operate transportation or transit services, a wastewater treatment plant, landfill, mining operation, an airport or marina. The Town of Montreat does not currently possess any general or industrial NPDES Permits. Page 27 SW11.7FA-10'A1n? -- - -- - - - NPDES RPE Stormwater Permit Application Training The Town of Montreat staff is trained in maintenance activities which will inform employees of the actions necessary to reduce the discharge of pollutants from their facilities and protect ' water quality. Additionally, the Town provides opportunities.for continued training of staff as training opportunities arise. The Code Administrator has received training provided by NC State University in Stormwater BMP design, inspection and maintenance as well as training in ' certification as an LID professional. All public works employees have received regional training for illicit discharge detection and good housekeeping practices through the Land -of - Sky Regional Council. Maintenance, Inspections and Vehicular Operations The Town regularly maintains streets and other facilities within the MS4 through regularly scheduled maintenance as part of Montreat's Municipal Operations Stormwater Protection program. In addition, the Public Works Director is responsible for inspecting each facility annually which includes: assessment of facility operations and maintenance activities; evaluation of waste disposal methods; evaluation of water quality conditions; review of spill response and clean up procedures; evaluation of housekeeping practices; evaluation of outdoor storage facilities; and completion of a written report documenting findings and listing corrective actions taken to minimize pollution sources and protect water quality to the maximum extent practicable. The Town of Montreat's fleet consists of emergency service (police) vehicles, maintenance trucks, and heavy duty trucks. Most vehicle maintenance services are provided by local motor vehicle service stations, mechanics and tire shops. The public works department does limited minor repairs and day to day maintenance on vehicles, but oil change, lubrication and comprehensive maintenance services are provided through local vendors. Waste Disposal ' The Town implements procedures for appropriate disposal of waste removal from the MS4 and maintains a contract with CWS, Inc. for transfer of waste collected within the Buncombe County Solid Waste Service. Other Evaluations Decision Making Process and Outreach Through the Comprehensive Stormwater Management Plan, the Town's stormwater infrastructure is being evaluated and areas of improvement being identified for future funding. The decision process for this BMP was based on the requirements of the Phase 11 program, the existing conditions in Montreat, and our best judgment on the most effective method to achieve these goals. ' Evaluation The Town evaluates training, staff and policy performance through annual staff evaluations. In addition the Town has pursued and will continue to pursue the evaluation measures listed in each of the previous section tables for our Phase II Program. Other measures of success include the following- Number of employees trained; Number of Inspections Performed; Number of Corrective Actions Taken; and Number of Complaints Received, Page 28 Town of Montreat P.O. Box 423, Montreat, North Carolina 28757 Phone: (828) 669-8002 • Fax: (828) 669-3810 February 12, 2010 State of North Carolina Department of Environment and Natural Resources Division of Water Quality RE: NPDES Stormwater Permit Application Duly Authorized Representative Designation Dear Sir or Madam: On February 11, 2010, the Montreat Board of Commissioners unanimously appointed David E. Currie as the Town's authorized representative to apply for the National Pollutant Discharge Elimination System (NPDES) permit. Mr. Currie serves as the Code Administrator/Building Inspector and has oversight and responsibility over stormwater matters. Sincerely, Letta Jean aylor Mayor Town of Montreat - NCS000430 Stormwater Management Program Report January 1, 2010 Appendix A BMP Summary Table BMP Summary Table for the Public Education and Outreach Program 1. Implement Education and Outreach Program Distribute annual stormwater newsletter that targets a specific storm water problem and actions that can be taken to reduce water quality impacts. Distribute regional and local pollution prevention brochures and educational materials at special events and in the town services building. Maintain stormwater informational web page on the Town of Montreat website. Create two stormwater demonstration sites developed through "green" street design and other water quality initiatives Advertise LID Workshops for Builders/Developers in conjunction with the Town's regional partners. Advertise Clear Water Contractors Certification Course in conjunction with the Town's regional partners. Stencil or label new storm drains to prevent illicit discharge X X X X X Code Administrator X X X X X Town Administrator and Code Administrator X X X X X Code Administrator X X Public Works Director X X I X I X X I Code Administrator X X I X X X Code Administrator X X I X X X Public Works Director BMP Summary Table for the Public Involvement and Participation r ..Fr 3 4i 't jr:%• Meas" able'GoalsNit Y�R YR�Mtn R l-:w YR' }J� YR Resp� o sif;le; r._nsrPosit_i_o'n_. 2 Involve the Public in In 2006, Montreat held a public X X X X X Code all program, permit meeting involving the Administrator and regulatory Stormwater Advisory Committee development and the general public in the development and implementation of the Phase II Program. Annual presentations will'be made to the Committee concerning the progress of the Phase Il program. Public meetings will be held to receive comments/input on all proposed changes to the Stormwater Plan. Maintain Storm Drain Marker X X X X X Public Works Program Director Conduct annual stream clean-up X X X X X Public Works event Director Review and or revise X X X X X Code Stormwater Ordinance as part of Administrator the Land Use Code updates by Planning and Zoning Commission and Town Council 1 BMP Summary Table for Illicit Discharge Detection and Elimination #l,BMP x M ' r�`"3"y t` ?� k:.,�w��,�.Lc,..:ir_ts�u�,a��i ;MeasuratileG'oals���my"l'�'�° •" i ,s rt� �r� • : Y i r� ,� � ,: �,;�. �' ���",.� ���4 : YRYRYRYR' � �T'�P�ition s cr1 IYRR OV4 se po sible" 3 Implement and Maintain a map of outfall locations of X X X X X Code Admin. enforce plan to the MS4 system into local receiving and Public detect and streams Works Director eliminate Illicit Discharges Enforce illicit discharge rules as part X X X X X Code of the adopted Phase II Stormwater Administrator Ordinance - Code Admin, Inspect the MS4 periodically for illicit X X X X X and Public discharges. Works Director Investigate complaints of illicit X X X X X Code Admin. discharges by the Public Works and Public Department and Code Administrator. Works Director Develop and administer Town Comprehensive Stormwater X X X X Code Management Plan Administrator Provide employees cross -training for detecting and reporting elicit X X X X X Code discharges Administrator Continue implementing a public outreach program and public X X X X X Code reporting mechanism Administrator 1 I BMP Summary Table for Construction Site Stormwater Runoff Control I w# �MBMP.V Measurable Goals' , :' YR �x YR YR YR YR9,Responsible` P�osit�o_n_ 4 Enforcement of Coordinate local X X X X X Code County Erosion complaints and Administrator and Sediment building permits with Control Program the Buncombe County Erosion and Sediment Control Program staff. - 11 I � I � 11 BMP Summary Table for Post -Construction Stormwater Management in New Development and Redevelopment I Meas able Goals MR MR YR 3 MR 4 hRl Resp sibie12 Position. 5 Enforce a Post Enforce the model Post Construction X X X X X Code — Construction Stormwater Discharge Ordinance that Administrator Stormwater meets the requirements contained at Discharge section 15A NCAC 2H.0126(10), Post Ordinance Construction Stormwater Management. Require deed restrictions and protective X X X X X Code covenants to maintain the facilities and Administrator restrictions. Enforce a 30 foot separation between X X X X X Code built -upon areas and surface waters. Administrator Limit slope construction and encourage X X X X X Code LID and conservation design. Administrator Encourage Green Infrastructure X X X X X Code Practices Administrator BMP Summary Table for Pollution Prevention/Good Housekeeping for Municipal Operations P, `7 Me ZOF—a 61 'Y RK T hY R T Yt R - IrN N N R Y.7 F,.Ks7p o "Rs", i tiles 71 6 Implement a Municipal Develop and adopt a X X X X X Department Operations Municipal Operations Heads and Stormwater Protection Stormwater Protection Town Program that specifies Program. Administrator Town operations to minimize stormwater Train employees to prevent X X X X X Department pollution. and reduce stormwater Heads pollution. Conduct inspections of X X X X X Public Works Municipal operations Director Carry out good- X X X X X Department housekeeping policies for Heads stormwater pollution prevention and reduce pollutant run-off, particularly sediment, from municipal sites. Town of Montreat - NCS000430 Stormwater Management Program Report January 1, 2010 Appendix B Town of Montreat Stormwater Management Ordinance MONTREAT CODE OF GENERAL ORDINANCES CHAPTER K -- ENVIRONMENT ARTICLE II1: STORMWATER MANAGEMENT (Revised June ll, 2009) 300. General Provisions Purpose. The stormwater management regulations of this article shall protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of stormwater runoff associated with new development. Proper management of stormwater runoff will protect property, control stream channel erosion, prevent increased flooding associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the town's natural resources. 2. Scone. Except as otherwise expressly stated, the stonnwater management regulations of this article apply to all development within Montreat and the unincorporated Buncombe County inside the extraterritorial jurisdiction of Montreat. Additional requirements regulating development on steeply -sloping sites (=40%) are detailed in Montreat Code of General Ordinances, Chapter K—Environment, Article IV: Hillside Development. 3. Applicability and Exemptions. The stormwater management regulations of this ' article do not apply to any of the following development activities: a) Activities including the breeding and grazing of livestock, undertaken on ' agricultural land for the production of plants and animals useful to humans, including but not limited to: • Forages and sod crops, grains and feed crops, tobacco, cotton and ' peanuts. • Dairy animals and apiary products. Poultry and poultry products. ' • Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats. 1� • Bees and dairy products. • Fur producing animals. b) Activities undertaken on forestland for the production or harvesting of timber and ' timber products and conducted in accordance with best management practices as set out in Forest Practice Guidelines Relayed to Water Quality referenced as follows: ' http://www.ncforestry.or�jJdoes/Landowners/regulations/mgmt practices.htm ' c) Activities for which a permit is required under the mining act, G.S. 74-46 et. seq. http://www.dIr.enr.state.ne.us/pages/miningprogram.html - d) Any development in which the owner has accrued a vested right. For the purposes of this Chapter K only, a vested right is recognized if either (1) a preliminary plan has been approved by the Planning and Zoning Commission that meets the required specifications and standards of the Town of Montreat ordinances, Buncombe County ordinances, or (ii) a Land Disturbing Permit has been issued pursuant to the Buncombe County Soil Erosion and Sedimentation Control ordinance in effect on or before the effective date of this ordinance, and that such plan or permit remains unexpired. A party in interest to a particular plan found to have no vested right to construct or develop on or before the effective date of this ordinance may appeal to the Town of Montreat Board of Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has a vested right to construct or develop their site under plans submitted prior to the effective date of this ordinance. Redevelopment or expansion to uses included in the above categories are not subject to the stormwater requirements unless it qualifies by having disturbed area of 5,000 square feet or greater; at least 24% total lot area developed to include impervious cover; or addition of 2,500 square feet or more impervious surface, unless exempt pursuant to this ordinance. 301. Interpretations and Definitions Meaning and Intent. If a different or more specific meaning is given for a term defined elsewhere in the Town of Montreat Code, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. 2. 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. 3. 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 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. 4. References to Statutes, Regulations, and Documents. Whenever reference is made to a resolution, ordinance, statute, regulation, 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. 1 5. Word Usage. a) The term "Town" shall herein refer to the Town of Montreat. b) The term "Administrator" shall herein refer to the Stormwater Administrator of the Town of Montreat. C) The tern "Department" shall herein refer to the NC Department of Environment and Natural Resources (NCDENR). d) The term "Division" shall herein refer to the NC Division of Water Quality (NCDWQ). e) "Design Manual" shall herein refer to the most current edition of the Stormwater Best Management Practice Manual approved by NCDWQ. Development projects, or qualified redevelopment projects, less than 10,000 square feet may use the Community Conservation Assistance Program (CCAP) Stormwater Best Management Practice Design Manual prepared by the Biological and Agricultural Engineering Department of NCSU approved by NCDENR. f) Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site. G. 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. Applicant: An owner or developer of a site who executes the Stormwater Permit Application pursuant to Town of Montreat Stormwater Ordinance. Best Management Practices (BMP's): Best Management Practices (BMP's) are effective, practical, structural or nonstructural methods which prevent or reduce the movement of sediment, nutrients, pesticides and other pollutants from the land to surface or ground water, or which otherwise protect water quality frorn potential adverse effects of silvicultural activities. Built -upon Area(BUA): The portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots and paths; and recreation facilities such as tennis courts. "Built- upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Connection: Any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will in any way affect the operation or maintenance of the drainage ways. Conveyance: Any feature of the landscape or earth, manmade or natural that carries water in a concentrated flow. Detain: To store and slowly release stormwater runoff following precipitation by means of a surface depression or tank and an outlet structure. Develop: Conversion of land to new service or purpose so as to make use of its resources, or to use the land for residential or commercial purposes. Development: Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as redevelopment. Disturbed area: The portions of a development project that include graded areas disturbed so as to remove the natural cover in conjunction with development activities; both pervious and impervious surfaces installed and/or constructed including, but not limited to, buildings; concrete/asphalt pavement and gravel areas such as parking lots, patios, roads, and paths; lawns and artificially surfaced (e.g. recycled rubber mulch, crushed brick, etc) areas; retention structures including, but not limited to, timber, stone and masonry walls; installation of septic/sewage systems, buried tanks or cisterns, etc. Drainage structures: Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed or used to convey stormwater. Impervious surface: Any surface that, in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but are not limited to, gravel, concrete, asphalt or other paving material, and all areas covered by the footprint of buildings or structures. Land disturbing activity: Any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, including road construction and maintenance, that results in a change in the natural cover or topography. Low Impact Development (LID): A term used in the United States to describe a land planning and engineering design approach to managing stormwater runoff. LID emphasizes conservation and use of on -site natural features to protect water quality. Municipal Separate Storm Sewer Systems MS4: An MS4 is a conveyance or system ' of conveyances that is: I • Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.; • Designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.); • Not a combined sewer; and • Not part of a Publicly Owned Treatment Works (sewage treatment plant). National Pollutant Discharge Elimination System (NPDES): The U.S. Environmental Protection Agency (EPA) administers this stonnwater permitting program that regulates stonnwater discharges from three potential sources: municipal separate storm sewer systems (MS4s), construction activities, and industrial activities. Non-structural methods: Non-structural BMPs are designed to limit the amount of pollutants available in the environment that would potentially end up in stormwater runoff. Non- structural BMPs can be achieved through such things as education, management and development practices. Examples include ordinances and practices associated with land use and comprehensive site planning. One -Year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or exceeded, on average, once in 12 months and with duration of 24- hours. ' Redevelopment: Any new construction on a site with pre-existing uses involving either partial or full demolition of existing structures, establishing new use(s) with a corresponding increase in impervious or partially pervious surface, or which otherwise decreases the infiltration of precipitation into the soil. Retain: To capture and hold stormwater runoff following precipitation by means of ' surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream. Structural methods: Physical systems installed to control pollutants and subsequent transport in stormwater. Many structural BMPs are designs based on natural systems and rely upon vegetation and soil mechanisms in order to perform as intended, such as wet ponds, green roofs, and stormwater wetlands; other, more conventional engineered solutions include bioretention areas, dry detention, penneable pavement, sand filters, and underground detention. ' Stonnwater: Any surface flow, runoff, and drainage consisting entirely of water from rainfall events. ' Stream: A watercourse that collects surface runoff. Total Sus ended Solids TSS : A water quality indicator illustrating the particulates ' present in a water sample, typically expressed as weight per volume (milligrams per litre or mg/l). The value is calculated from dry -weight of particles trapped by a filter, typically of a specified pore size, in the volume of water filtered. It is listed as a conventional pollutant in the U.S. Clean Water Act. Velocity: The average rate of flow through the cross section of the main channel at the peak flow of the storm of interest. 302. Effective Date and Transitional Provisions This Ordinance shall take effect on (Date of Adoption). All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Montreat, or for which conditional use permits have been issued, prior to the effective date of this ordinance shall be exempt from complying with provisions of this ordinance dealing with the control and/or management of post -construction runoff, but shall be required to comply with all other applicable provisions_ 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. 303. Administration and Procedures. 1. Administration of this Ordinance. All questions arising in connection with this Ordinance shall be presented first to the Stormwater Administrator who shall be responsible for the day-to-day administration of this Ordinance. The Board of Adjustment shall have the authority to rule on matters of interpretation of this Ordinance and consider appeals from the decisions of the Stormwater Administrator. Any appeal from a decision of the Board of Adjustment shall be to the courts as provided by law. Where the regulations of this ordinance are more restrictive or impose higher standards or requirements than other environmental or land use codes for the Town of Montreat, then the requirements of this ordinance shall govern. 2. Stormwater Administrator. The Codes Administrator shall serve as the Stormwater Administrator by designation of the Board of Commissioners. 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 Planning and Zoning Commission and/or Zoning Board of Adjustment on applications for development or redevelopment approvals; d) To enforce the provisions of this ordinance in accordance with its enforcement provisions; e) To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this ordinance; 0 To provide expertise and technical assistance upon request, g) To take any other action necessary to administer the provisions of this ordinance. 3. Review and Appeals Procedure. a) A Stornwater Control Permit is required for all development and qualified redevelopment on lots with: • Disturbed area of 5,000 square feet or greater; or • At least 24% total lot area developed to include impervious cover; • Or addition of 2,500 square feet or more impervious surface, unless exempt pursuant to this ordinance. A building permit shall not be issued for any development project until the required Stormwater Control Permit has been issued. b) Two (2) copies of the completed stormwater plan submittal shall be submitted to the Stormwater Administrator for review. c) A site plan which includes orientation referencing north meridian; scale of drawing; boundaries and acreage of the parcel; adjacent streets and any easements; existing and/or proposed structures including setbacks; structure dimensions and separation distance(s); contour interval; existing and proposed contours; and clear graphic indication of any proposed alterations, additions, or details showing location of any systems of stormwater control, retention and treatment. 4. Application and permit review fees shall be established by the Montreat Board of Commissioners, and may amend and update fees and policies when needed. Current application fees are posted in the fee schedule for town services. Development projects less than 10,000 SF disturbed area, which are not part of a larger plan and meet the criteria detailed in 3(a) above, are eligible for reduced stormwater fees contingent upon extent of BMP's utilized. The Administrator shall grant a fifty -percent (50%) reduction in permit fees if it is determined project stonmwater measures achieve greatest practicable treatment of post -construction runoff. LEED, Green Globe, NC Healthy Built Home, Clear Water Contractor, and other programs/certifications recognized at the national or state level to be consistent with LID project goals shall receive consideration as positively impacting overall stormwater treatment. Reduced building permit fees may also be granted by the Building Inspector for "Green" building practices/materials used, and will supplement any fee reductions granted under this ordinance. 5. Plan review fees shall be double posted amount when land disturbing activity begins I before a required Stormwater Control Permit is issued by the Town. 6. The Administrator shall review the submittal for completeness and for compliance ' with the requirements of this ordinance. An incomplete or nonconforming permit application will be returned to the applicant within two business days with an explanation of issues requiring resolution before plan review can be initiated. ' 7. Within thirty (30) days of receipt of complete application for development approval, the Administrator shall take action on the plan. ' 8. Approval, approval with modifications, or denial of the proposed stormwater control measures shall be in writing. In the case of denial, the reasons for denial shall be ' clearly stated. The applicant may appeal the decision of the Administrator to the Board of Adjustment. In the event a Stop Work Order has been issued for any violation of this ordinance, the party seeking to challenge the Order may request a ' special meeting of the Board of Adjustment to ensure a timely resolution of the matter. 9. Upon appeal, the Montreat Board of Adjustment will conduct a hearing in the nature I of a quasi-judicial proceeding with all findings of fact supported by material evidence. 10. Decisions appealing the final decision by the Board of Adjustment may be filed in Buncombe County Superior Court, to be reviewed by proceedings in the nature of certiorari, within thirty (30) days of the final decision of the Board of Adjustment. 11. The Administrator shall take action on revisions to a stormwater control application which has been previously denied, within fifteen (15) days of receipt of the revised plan application for approval. 12. If a revised application is not re -submitted within sixty (60) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee and pursuant to the then current standards. 13. Application for an amendment to an approved Stormwater Control Plan in written and graphic form may be made at any time. Until such time as an amendment is approved by the Administrator, it shall be unlawful to deviate from the approved plan. 14. A Stormwater Control Permit shall become null and void if the applicant has failed to make substantial progress within the prescribed timeframe as defined in this ordinance. The Administrator may grant a single, one -month extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. 304. Permit Application and Plans. The stonnwater permit application shall describe in detail how post -development stormwater run-off will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this ordinance. The following information should also be included in the submittal: ' I. Existing Conditions 1-Proposed Site Plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and 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 -the natural ' resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas ' on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, 1 etc). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. ' 3. Stormwater Management System Plan. A written or graphic concept plan of the proposed post -development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; ' low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of ' floodplainlfloodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. 4. Area -Based Requirements. ' a) Larger Development Projects: All stormwater management plans relating to subdivisions or development or redevelopment plans on lots equal to or greater than one acre, or on lots less than an acre with at least ' 10,000 square feet disturbed area, or which are part of a larger common plan of development or sale, including a subdivision, Planned Unit Development, or other Special Use shall be prepared by a qualified ' registered North Carolina professional engineer, environmental scientist or landscape architect, and the consulting professional shall perform services only in their area of competence. The Administrator shall determine if the ' consulting professional may verify that the design of all stormwater management facilities and practices meets submittal requirements for complete applications, and that the designs and plans are sufficient to 1 comply with this ordinance. b) Smaller Projects: Stormwater management plans relating to development or qualifying redevelopment on lots less than 10,000 square feet disturbed area in size shall meet the minimum permit application requirements of Section 304. 1-3, and applicants shall provide designs demonstrating adequate Stormwater management measures selected from a list of approved BMP's as follows: • Diffuse or Directed Flow Designs • Rain Gardens • Backyard Wetland • Stormwater Collection (Cistern) and Reuse Systems Vegetated Swales • Impervious Removal s Permeable Pavement* *Due to the higher clay content and low permeability of many soils in our region, permeable Pavement's usefulness is limited to detention as a stormwater management tool in Western North Carolina. Detailed information regarding the design, installation and maintenance of the stormwater management BMP's listed above are contained in the CCAP Stormwater Best Management Practice Design Manual prepared by Biological and Agricultural Engineering Department of NCSU, and published in cooperation with NCDENR. A copy of the manual is retained at the Town Zoning and Inspections Department, or available at the following website: http;//www.hae.nesu.edu/stormwater/PublicationFiles/DS WC. Manual.2007.pdf 5. As -Built Plans and Final Approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. For larger development projects referenced in Section 304. 4(Area-Based Requirements), the designer of the stormwater management measures and plans shall certify, under seal, that the as - built stonnwater 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 or a Certificate of Occupancy is issued. Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the pen -nit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities. 305. General Standards. Until such time as a comprehensive watershed management plan for the Swannanoa Basin is developed, the following guidelines apply. All built -upon area shall be at a minimum of 30 feet landward on all sides of any surface water as measured horizontally on a line perpendicular to a vertical line marking the edge of the top of the bank. A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3) (a) or similar site -specific determination made using Division of Water Quality -approved methodology. 2. All other projects which are not exempt from this ordinance must submit a stormwater management plan in order to receive a permit. 3. 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, or designated space on approved preliminary plat or master plan to ensure that future development and redevelopment maintains the site consistent with the approved project plans. 4. When a Stormwater BMP or management system is established under the control of a neighborhood association or other private entity, the developer shall develop and provide an operations and maintenance manual on the BMP to the entity as well as to the Town of Montreat Zoning and Inspections Department for future_ reference. 5. All development and qualifying redevelopment projects which cumulatively ' disturb at least 10,000 square feet or which are a part of a larger plan shall implement stonnwater control measures that comply with the following standards: ' a) Project sites must employ Low Impact Development (LID) practices to analyze the infiltration capacity and natural drainages of the site and ' develop a system of controls which mimic the existing natural hydrology and which cumulatively capture and treat the runoff from the first inch of rainfall. ' LID practices may include any combination of site design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre - development runoff thereby limiting the increase in pollutant loads caused by development. b) Wherever LID practices are not achievable, or have not been demonstrated the management measures controlling the final run-off from the site shall control and treat the difference in stormwater runoff volume leaving the project site between the pre -and post -development conditions for, at a minimum, the 1-year, 24-hour storm as determined by NOAA data for Black Mountain (See http://dipper.nws.noaa.g,ov/hdsc/pfds/orb/ne pfds.html). Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours. c) All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids. d) Peak storm water runoff rates shall be controlled for all development at or exceeding 24% built upon area for both LID and conventional approaches. The peak storm water runoff release rates leaving the site during post - construction conditions shall be equal to or less than the pre -development peak storm water runoff release rates for the 1-year frequency, 24-hour duration storm event as determined by NOAA data for Black Mountain. The emergency overflow and outlet works for any pond or wetland constructed as a stormwater BMP shall be capable of safely passing a discharge with a minimum recurrence frequency of 50 years. For detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the Dam Safety Act shall be met when applicable. e) No one BMP shall receive runoff from an area greater than three (3) acres. However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3) acre maximum. f) Encroachments: Water quality BMPs may encroach into a required buffer or yard setback as long as the encroachment does not disturb the majority of existing vegetation. Minor under story may be disturbed in order to accommodate water quality structures. Trees and shrubs shall be placed to maximize screening where the encroachment takes place. Installation of water quality BMP's shall not affect calculation of the Approved Graded Area (AGA) as defined in Chapter K - Environment, Article IV: Hillside Development if revegetation of the disturbed area is determined to adequately offset negative impacts of disturbance. 306. Standards for Stormwater Control Measures. Evaluation According to Contents of Design Manual. All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and ' information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The Stormwater Administrator shall detennine whether they will be adequate to meet tthe requirements of this ordinance. 2. Determination of Adequacy, Presumptions and Alternatives. Stormwatcr ' treatment practices that are designed, and 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 1 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 such documentation, calculations, and examples as necessary to determine whether such an affirmative showing is made. 307. Additional Standards. 1. Trout Waters. in addition to standards for stormwater handling set out in the ' design manual, larger development and redevelopment projects that drain in whole or part to class TR waters shall design and implement the best stormwater ' practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of this ordinance. Smaller qualified projects that are determined to create a potential negative impact to ' class TR waters due to design, type of improvement, or other relevant factors, shall also be required to comply with this standard. 2. Onsite Wastewater. ' a) Operation and Maintenance Requirements: New and replaced onsite systems for domestic wastewater installed after the effective date of this ' ,ordinance must be approved and permitted by the Buncombe County Health Department. Both the Buncombe County septic permit and documentation showing the operation and maintenance for the system are ' required before a Town Building Permit may be issued. b) Standards for- Operation and Maintenance: Onsite systems for domestic wastewater covered by this ordinance shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including ' eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet these standards, and the ' septage shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or groundwater. 308. General Standards for Maintenance Function of BMPs as Intended. The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed. 2. Annual Maintenance Inspection and_Reyort. The person responsible for maintenance of any structural BMP installed pursuant to this ordinance shall submit to the Stormwater Administrator an annual inspection report using standard forms supplied by the Administrator or, if deemed acceptable, provided by the designer of each engineered system. The inspection report shall contain all of the following: • The name and address of the land owner; • The recorded book and page number of the lot of each structural BMP; • A statement that an inspection was made of all structural BMPs; • The date the inspection was made; • A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance or, if not functioning as designed, a detailed description of each deficiency and how the condition was corrected, and • For engineered structural systems requiring detailed monitoring of specific water quality parameters and indicators, the original signature and seal of the engineer, surveyor, or landscape architect performing services only in their area of competence. Systems requiring more frequent monitoring or inspections shall be maintained according to design requirements. All inspection reports shall be on forms supplied by the Stormwater Administrator unless otherwise approved. 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. 309. Operation and Maintenance Agreement In General. Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural ' BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the ternis, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town a right of entry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town to assume responsibility ' for the structural BMP. The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval and shall be referenced on the final plat recorded with the County Register ' of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation. ' 2. Special Requirement for Homeowners' and Other -Associations. For all structural BMPs required pursuant to this ordinance and that are to be or are owned and ' maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: ' a) Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities; ' b) Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs; ' If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town, in its sole discretion, may remedy the situation, and in such instances the Town shall ' be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and ' reconstruction of the structural BMPs, provided that the Town Administrator or his/her designated Stormwater Administrator shall first consent to the expenditure. ' c) Both developer contribution and annual deposits for future use of "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 per cent (15%) of the initial construction cost of the structural BMPs; ' Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account to cover the cost of maintenance. A portion of the annual assessments of the association shall include an allocation into the escrow 1 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. d) The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town depending on the design and materials of the storinwater control and management facility; e) Granting to the Town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs; f) Allowing the Town to recover from the association and its members any and all costs the Town expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement, The Town shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery. g) A statement that this agreement shall not obligate the Town to maintain or repair any structural BMPs, and that the Town shall not be liable to any person for the condition or operation of structural BMPs; h) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town to enforce any of its ordinances as authorized by law; and i) A provision indemnifying and holding harmless the Town for any costs and injuries arising from or related to the structural BMP, unless the Town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance. 310. ]Inspection Program Inspections and inspection programs by the Town may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stonnwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 515-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stonnwater Administrator while carrying out his or her official duties. 311. Performance Security for Installation and Maintenance ] . The Town 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 pen -nit in order to ensure that the structural BMPs are (1) installed by the permit holder as required by the approved stormwater management plan, and/or (2) maintained by the owner as required by the operation and maintenance agreement. This requirement may be instituted in addition to and in conjunction with other performance security or bond requirements the Town may require in conjunction with a subdivision or development plan. 2. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus twenty-five percent (25%). 3. The amount of a maintenance performance security shall determined based on the type of BMP and a projected annual maintenance cost as recorded in the maintenance agreement. ' 4. Uses of Performance Security. a) Forfeiture ProWsions: 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. b) Default: Upon default of the owner to construct, maintain, repair ' and, if necessary, reconstruct any structural BMP in accordance with the applicable pennit 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 be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town shall not return any of the unused deposited cash funds or other security which shall be retained for maintenance. 312 c) Costs it? Excess of Petformance Security: If the Town takes action upon such failure by the applicant or owner, it may collect from the applicant or owner for the difference, should the amount of the reasonable cost of such action exceed the amount of the security held. d) Refrnd: Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released. Notice to Owners Deed Recordation and Indications On Plat. The applicable operations and maintenance agreement, including but not limited to conservation easement, or dedication and acceptance into public maintenance, pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement, or conservation easement, or dedication and acceptance into public maintenance, (whichever is applicable] shall be recorded with the County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. 2. Signage. For homeowners and other associations, and where else deemed appropriate for the compliance of this ordinance, the Stormwater Administrator may require a structural BMPs to 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. 3. Records of Installation and Maintenance Activities. The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the Stonnwater Administrator. Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair in accordance with the maintenance agreement, including, but not limited to a maintenance easement. If a maintenance easement is provided then it shall be recorded and its terms shall specify who may make use of the easement and for what purposes. 313. Illicit Municipal Discharges and Connections The Federal Phase 11 rule specifics that local communities shall prohibit any discharge to a municipal separate stonn unless it: 1 I . Consists of a discharge pursuant to an NPDES pen -nit; or 2. Consists of a discharge from fire fighting activities; or 3. Consists of a discharge in any of the following categories, and the operator of the small MS4 has not identified that category as a significant contributor of pollutants to its small MS4: • Water line flushing; • Landscape irrigation; • Diverted stream flows; • Rising ground waters; 'a Uncontaminated ground water infiltration; • Uncontaminated pumped ground water; • Discharges from potable water sources; • Foundation drains; • Air conditioning condensation (commercial/residential), ' • Irrigation waters; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; and • Street wash water. 314. Other Illicit Discharges No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stonmwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other than stormwater, provided that non-stormwater discharges associated with the following activities are allowed, provided that they do not significantly impact water quality: ' Water line flushin g, • Landscape irrigation; • Diverted stream flows; • Rising ground waters; • Uncontaminated ground water infiltration; Uncontaminated pumped ground water; I + Discharges from potable water sources; + Foundation drains; • Air conditioning condensation (commercial/residential); • Irrigation waters; • Springs; • Water from crawl space pumps; • Footing drains; • Lawn watering; • Individual residential car washing and charity car washing; • Flows from riparian habitats and wetlands; • De -chlorinated swimming pool discharges; • Street wash water; • Flow from fire fighting activities; and • Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town. 315. Illicit Connections 1. Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in section above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. 2. Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following the effective date of this ordinance. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. 3. Where it is determined that said connection: i) May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and Kann to real or personal property, natural resources, wildlife, or habitat; or ii) Was made in violation of any applicable regulation or ordinance, other than this section; the Stonnwater Administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the Stormwater Administrator shall take the following into consideration: ' 316. Spills + The consequences of delay, • The potential harm to the environment, to the public health, and to public and private property, and • The cost of remedying the damage. Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition. 2. Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town of the release or discharge, as well as making any required notifications under State and Federal law. 3. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law. ' 317. Nuisances 1. The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a condition that creates a potential hazard or nuisance to the health, safety and welfare of the general public. 2. Illicit discharges and illicit connections which exist within the Town of Montreat ' jurisdictions, are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances and shall be abated. ' 318. Enforcement and Violations. l . 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. Whenever this section refers to the Stormwater Administrator, it includes his or her designee and any authorized agent of the Town. 2. Violation Unlawful. Any failure to comply with applicable requirements, prohibitions, standards, or limitations imposed by this ordinance, or the terms or conditions of any permit, maintenance agreement, or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance and is subject to the same civil or criminal penalties as other zoning violations, with each day that a violation continues constituting a separate offense. 3. Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, rcconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. 4. Person Maintainina Condition Resulting In or Constitutina Violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists. 5. Responsibility For Land or Use of Land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property. 6. 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 and can include: a) 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. b) Disapproval of Subsequent Perin its and Development Approvals: As long as a violation of this ordinance continues and remains uncorrected, the Storinwaler Administrator or other authorized agent may withhold, and the Town Planning and Zoning Commission or Board of Adjustment may disapprove, any request for permit or development approval or authorization provided for by this ordinance for the land on which the violation occurs. e) Injunction, Abatements, etc,: The Stormwater Administrator, with the written authorization of the Town Administrator, 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. d) Correction as Public Health Nuisance, Costs as Lien, etc.: If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the Town Administrator, may cause the violation to be corrected and the costs to be assessed as a lien against the property. e) Stop Work Order: The Stormwater Administrator may issue a stop work order to the person violating this ordinance. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. f) Civil Penalties: Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation is issued by the Stormwater Administrator or his/her designee. Civil penalties may be assessed up to the full amount of penalty to which the Town is subject for violations of its Phase 11 Stormwater permit up to $500. g) Criminal Penalties: Violation of this ordinance may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law. 7. Procedures. a) Violations: Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint in accordance with the procedures established in the Town of Montreat Code. b) lxiension of Time: A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the Stormwater Administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation. The Stormwater Administrator may grant 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. c) Enforcement After Time to Correct: After the time has expired to correct a violation, including any extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by this ordinance. 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. Town of Montreat - NCS000430 Stormwater Management Program Report January 1, 2010 Appendix C Buncombe County Soil Erosion and Sedimentation Control Ordinance ARTICLE V. SOIL CROSION AND SF.I]IMENTATION CONTROL, hasp:/1libraryl,municoduxoni/def:aril-now/Doe View/ 12776/1/34/39 ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL* 'Cross references: Subdivisions, ch. 70, State law references: Authority to adopt rules and regulations to establish and enforce soil erosion and control programs, G.S. 113A-60. DIVISION 1. GENERALLY Sec. 26-206. Title and authority of article. This article may be cited as the county soil erosion and sedimentation control ordinance, and is adopted pursuant to'the authority granted in the North Carolina Sedimentation Pollution Control Act of 1973, G,SI.113A-50 et seq. (Ord. N6..20172, § 1, 2-2-93) Sec. 26-207. Jurisdiction of article. This article is hereby adopted ,by the county board of commissioners to apply, to all of tfte county outside of the incorporated areas. Except as provided in this section, the provisions of this article shaft not be appfcable to and shall not be enforced within the corporate limits or jurisdiction of any municipality in the county. A municipality may come within the provisions'of this' article at any time by mutual agreement with the county and by the adoption of an appropriate resolution by the governing body of .such municipality pursuant to G.S. 153A-122 agreeing that this article shall be enforced Within the corporate limits or jurisdiction of the municipality. (Ord. No. 20172, § 2, 2-2-93'. Ord. No. 9t3-8-7. § 1, 8-20-96) Sec. 26-208. Purpose of article. This article is adopted forthe purposes of: (1) Regulating certain land disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and (2) Establishing procedures through which these purposes can be fulfilled. (Ord. No. 20172, § 3, 2-2-93) Sec.26-209, Definitions. 1 ,.rin ARTICLE V, SOIL EROSION AND SEDIMENTATION CONTROL' http:lilibraryI.municode.com/defaull-now/DocVieiv/I2776/ii34/3') I The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; Accelerated erosion means any increase over the rate of natural erosion as a result of land disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973. G.S. 113A-50 et seq., and all rules and orders adopted pursuant to it. Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land disturbing activity. Affiliate means a person that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control of another person. Being conducted means a land disturbing activity has been initiated and permanent stabilization of the site has not been completed. Borrow means fill material which is required for onsite construction and is obtained from other locations. Buffer zone means the strip of land adjacent to a lake or natural watercourse. Certificate of compliance means a certificate issued by the county indicating that the required temporary and/or permanent erosion control measures shown on the approved plan have been constructed correctly and are operating correctly and that the site has been satisfactorily stabilized except for routine maintenance requirements. Coastal counties means the following counties.` Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotark, Pender, Perquimans, Tyrrell and Washington. Commission means the state sedimentation control commission. Completion of construction or development means that no further land disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Department means the statedepartment of environment, health, and natural resources. Detention basin means a facility constructed.or modified to represent flow of storm water to a prescribed maximum rate and to concurrentiy'detain the excess waters that. accumulate behind the outlet. Director means the director of the division of land resources of the state department of environment, health, and natural resources. Discharge point means that point at which runoff leaves a tract of land. District means the county soil and water conservation distract created pursuant to G.S. 139-1 et seq. Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. Erosion control officer means the county erosion control officer or his duly authorized representatives. I'fin 'e tme,nen ei.ae — ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL` littp://Jibraryi,municode.coat/defnull-riot~'/[)OcVie%vfl?77G/1/34/39 Forest lands means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing, Forest practices means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber. Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. Nigh quality water (WQWj zones means areas that are within one mile of and drain to HOW$, Nigh quality waters means those classified as such in 15A NCAC2113.0101(e)(5)—General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 15013-14(c). Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. Land disturbing activity means any use of; or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change l'n the natural cover or topography and that may cause or contribute to sedimentation, Land disturbing permit _means the document issued by the county' which allows grading operations to commence and to proceed in accordance with the requirements of this article. Local government means any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities acting through a joint program pursuant to the provisions'of the Act. Lugging means the practice of harvesting products or timber from a tract or part of a tract of land'and then perpetuating"a stand bf Timber or forest products, on the same tract of land within reasonable timefraines and accepted best management practice guidefiines as recommended_ by the G Forest Practice uidelines Related to Water Quality pursuant to the prh'visions of G.S. ch. 150B. Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural ernrironmer>Zai conditions' undisturbed by man. Parent means an affiliatelhat directly or indirectly, through one or more intermediaries, controls another person. Person means any individual, partnership, iirm, association, joint venture, public or private corporalioh,- trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal erdity. Person conducting land disturbing activity means any person who may be held responsible for a violation unless, expressly provided otherwise by this article, the Act, or any order adopted pursuant to this article or the Act. ' Person responsible for the violation means, as used in this article and G.S. 113A-64; (1) The developer or other person who has or holds himself out as having financial or operational control over the land disturbing activity; or (2) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land disturbing activity or has benefitled from it, or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a duty upon him. z -r,)n ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL* help://Iihrary1.n uaicude.coni/deraull-nmv/DocVinvl12776/1/34/39 Phase of grading means one of two types of grading, rough or fine. Plan means an erosion and sedimentation control plan. Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land disturbing activity or into a lake or natural watercourse. Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained .control measures; which has been transported from its point of origin within the site of a land disturbing activity; and which has been deposited, or is in suspension in water. Storm drainage facilities means the system of inlets, conduits, channels, -ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area. Stormwaterrunofi means the direct runoff of water resulting from precipitation in any form. Subsidiary means ah affiliate that is directly or indirectly, through one or more intermediaries, controlled by'another parson. Ten-year storm means the surface: nmoff resulting from a rainfall of an intensity expected to be equalled or'exceeded, on the. average, once in ten years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Tract means all contiguous land and bodies of water being disturbed or to be distuibed as a unit, regardless of ownership. Twentyfive=year, storm means the surta6d runoff resultinx from a rainfall of an intensity expected to `be�egiralled or exceeded, on the average, once in 25 years, and of a duration which will produce the maxlmuin peak Lrate of runoff"from the watershed of'interest under average, antecedent wetness conditions. Uncovered means the removal of ground cover from, on, -or above the soil surface, Undertaken means the initiating of any activity, or phase of. activity, wNch results or will resuh in a change in the ground cover or topography of a tract'of land. Velocity means the average velocity of flow through the cross section of the, main channel at the peak flow of the storm of'interest. The cross section of the main channel shalt be that area defined by the geometry of She channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Waste means surplus materials resulting from onsite construction and disposed of at other locations. Working days means days, exclusive of Saturday and Sunday, during which weather conditions or -soil conditions permit land disturbing activity to be undertaken. (Ord. No. 20172, § 4, 2-2-93; Ord. No. 96-8-7, § 2, 8-20-96; Ord. No. 99-3-7, § 4, 3-16-99; Ord. No, 06-04-02; § 1, 4-4-06) Cross references: Definitions generally, § 1-2. ARTICLr_ V, SOIL EROSION AND SLDIME.NTATION CONTROV hup:Hlibiaryl.municodc.coiii/defaull-no%v/Doc Vicw/1277611134/39 ' Sec. 26-210. Scope of article and exclusions from article. (a) Geographical scope of regulated land -disturbing activity. This article shall apply to land -disturbing activity within the territorial jurisdiction of Buncombe County and to the ' extraterritorial jurisdiction of Billmore Forest, Black Mountain, Woodfin, Weaverville, and Montreal as allowed by agreement between local governments. (b) Exclusions from regulated land -disturbing activity. Notwithstanding the general applicability of this article to all land -disturbing activity, this article shall not apply to the ' following types of land -disturbing activity: (1) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including, but ' not limited to: a. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts. ' b. Dairy animals and apiary products. c. Poultry and poultry products. d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and ' goats. e. Bees and dairy products. f. Fur producing animals. ' (2) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the board of commissioners. (3) Activities for which a permit is required under the mining, act, G.S. 7446 et seq. (4) For the duration of an emergency, activities essential to protect human life. ' (5) Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 11 3A-56(a). (Ord. No. 20172, § 5, 2-2-93; Ord. No. 96-8-7, § 3, 8-20-96; Ord. No. 06-04-02, § 2, 4-4-06) Sec. 26-211. General requirements. (a) Plan ,required. No person shall initiate any land disturbing activity as defined in this ' section without an erosion control plan as described in section 26-228; approved by the county, and without having a land disturbing permit as described in section 26-226. For the purposes of this article, an erosion control. plan shall be required for: (1) Any land disturbing activity which uncovers one or more acres (43,560 square feet) on a tract of land. (2) Reserved. ' (3) Any residential land disturbing activity which uncovers one -quarter acre or more (10,890 square feet) on a lot, parcel, or tract with an average slope of 25 percent or greater in its natural state and applies to chapter 70, Subdivisions, section 70-68. 1 c f In L I --I ARTICLE V. SOIL EROSION AND SEDIMENTATIONCONTROL' litip://Iibraryi.niunicode.com/defaull-noxv/DocView/i2776/1134/39 (b) Protection of property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activities. (c) More restrictive rules shall apply. Any residential land disturbing activity which uncovers one-half acre or more (21.750 square feet) on a lot, parcel or tract with an average slope 15 to 25 percent in its natural state and applies to chapter 70, Subdivisions, section 70-66. (Ord. No. 20172, § 6, 2-2-93; Ord. No. 96-8-7, § 4, 8-20-06; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, § 1, 8-5-03; Ord. No. 06-04-02, § 3, 4-4-06; Ord. No. 06-08-04, § 1, 8-1-06) Sec. 26-212. Basic control objectives. An erosion and sedimentation control plan may be disapproved pursuant to section 26-228 if the plan fails to address the following control objectives: (1) Identify critical areas. Onsite areas which are subject to severe erosion and offsite areas which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. (2) Limit time of exposure. All land disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. (3) Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. (4) Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (5) Control sedimentation. All land disturbing activity is to be planned and conducted so as to prevent offsite sedimentation damage. (6) Manage stomtwaterrvnoff. When the increase in the velocity of stomnvater nmoff resulting from,a.land disturbing activity is sufficient to cause;acoelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream.Plan designer must furnish a statement of an on site downstream evaluation for assessment of 25-year storm velocity impacts to adjoining p►operty. (Ord. No. 20172, § 7, 2-2-93; Ord. No. 06-04-02, § 3, 4-4-06) Sec. 26-213. Forest practice guidelines. (a) It is the intent of the board of commissioners to adopt.Forest Practice Guidelines Related to Water Quality (best management practices) pursuant to the provisions of G.S. ch. 150B. Until forest practice guidelines are adopted, activities undertaker) on forest land for the production and harvesting of timber products will be subject to this article. (b) If land disturbing activity undertaken on forest land for the production and harvesting of timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this article shall apply to such activity and any related land disturbing activity on the tract. c ..rqn ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL' Secs.26-214-26-225. Reserved. http;//libraryI.municode.com/dcPault-now/DocVicw! 12776/ 1134l39 DIVISION 2. ADMINISTRATION AND ENFORCEMENT" 'Cross references: Administration, ch. 2. Sec.26-226. Permits. (a) Required; exceptions. Except as provided in section 26-210, no person shall undertake any land disturbing activity subject to this article without first obtaining a permit therefor from the county, except that no permit shall be required for any land disturbing activity: (1) For the purpose of fighting fires; (2) For the stockpiling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against offsite damage; or (3) Less than one acre (43,560 square feet) that does not apply to chapter 70, Subdivisions, section 70.68. (4) In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (b) Requirements of applicant. To obtain a land disturbing permit the following is required; (1) Completed land disturbing permit application. (2) Completed and signed erosion control plan checklist. (3) Plan review fee. (4) An approved erosion control plan (two copies). (5) A copy of the approved stormwater plan, approval letter and permit. In all circumstances where a stormwater permit is required in accordance with Buncombe County ordinances, such stormwater permit must be obtained before a land disturbing permit may be issued pursuant to this section.. Note: If the intent is to disturb land, which requires a land disturbing permit, regardless of time frame, a land disturbing permit must be obtained prior to beginning the land disturbing activity. (c) Issuance prerequisite to building permit. The county shall, not issue any building permits for projects on sites where a land disturbing permit is required unless and until a land disturbing permit has been issued. (d) Fees. The county may establish fees as considered necessary to defray costs of administering this article. Plan review fees shall be double the normal fee amount when land disturbing activity begins before a land disturbing permit is obtained from the county. An applicant shall be entitled to two plan reviews of any application without payments of additional plan review fee. This shall be construed to mean review of the original application and 7or20 ARTICLE V. SOIL 12ROSION AND SEDIMENTATION CONTROL' http://Iibraryl .rnuiiicode.conildefault-now/Doc Vie%Y)J2776/1/34/i9 I review of the resubmittal of that application with or without revisions. Any re -submittal by the applicant thereafter shall be treated as a new application and roust be accompanied by payment of the full plan review fee. The plan review fee charge is: TABLE INSET: Up to and including one acre: $400.00 Greater than one acre, each additional acre: - $400.00 (e) Display. A land disturbing permit. issued under this article shall be prominently displayed on the site until all construction is completed, all permanent sedimentation and erosion control measures are installed and the site has been substantially stabilized, as required. (Ord. No. 20172, § 17, 2-2-93; Ord. No. 96-6-16, §§ 1--3„6-18-96; Ord. No. 96-8-7, § 5, 8-20-96; Ord. No. 99-4-3, § 1, 4-13-99; Ord. No, 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 2-5, 8-5-03; Ord. No. 06-04-02, § 4, 4A-06; Ord. No. 06-0&04, § 1, 8-1-06; Ord. No. 06-11-01, § 1, 11-7-06; Ord. No. 08-01-05, § 1, 1-8-08) Sec. 26-227. Revocation of permits. (a) If inspection of a site of land disturbing activity indicates that the site is not in compliance with either this article or the erosion control plan approved for the site, the county shall serve a notice of violation by registered or certified mail or by any means authorized under G.S. 1A-1, Rule 4, or other means reasonably calculated to give actual notice, upon the person conducting the land disturbing activity arid, if different from that party, the property owner. The notice shall set forth the .actions necessary to achieve compliance with the plan or this section, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in tine or more of the following: (1) Revocation of the land disturbing permit and all building permits; (2) The issuance of a stop work order, (3) The assessment of civil penalties; or (4) Other enforcement action. If the site of land disturbing activity is not brought into compliance with this section or the plan within the time stated in the. notice, the *county shall (1) revoke the 'land disturbing permit and immediately revoke all building permits granted for the site pursuant to N.C.G.S: § 153A-362 or (2) issue a stop work order pursuant to N.C.G.S. § 153A-361. (b) When work under a land disturbing permit is not begun within six months following the date of issuance of the land disturbing permit, the land disturbing permit shall be deemed to be expired. If land disturbance has begun within six months of the? date of issuance the land disturbing permit will expire five years from date of issuance. Renewal'of the land disturbing permit will require a new application and new plan review fees: No grading work is to be performed until the new permit is issued. (Ord. No. 20172, § 18, 2-2-93; Ord. No. 96-6-7, §§ 6, 7, 8-20-96; Ord. No, 99-4-3, § 2, 4-13-99; Ord. No. 06-08-04, § 1, 8-1-06) R nr 7r5 ')J I Win in 1 1 -i4 A U ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL' hnp:lllibraryl.municodc,conifdefaulr-na%v/Doc View/i277G11134139 Sec. 26-228. Erosion and sedimentation control plans. (a) Filing; review,, revision. Persons conducting a land disturbing activity on a tract which requires a land disturbing permit shall file two copies of the erosion control plan with the county at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. After approving the plan, if the county, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or offsite sedimentation exists, the county will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate ' authority. No person may initiate a land disturbing activity before notifying the county of the date that the land disturbing activity will begin. When deemed necessary a preconstruction conference may be required. (b) Statement of financial responsibility and, ownership, Erosion control plans may be ' disapproved unless accompanied by a notarized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place - of -business of the person financially responsible and of the owner of the land or their registered agents. This statement shall be included on the land disturbing permit application form required by, this article. If the person financially responsible is not a resident of the state, a state agent must be. designated in the statement for the purpose of receiving notice of cornpliance'or noncompliance with the plan, the Act, this article, ' or rules or orders,adopted or.issued pursuant to -this article, (c) Review by county sot! and wafer conservation district. One copy of -the erosion control plan shall be f6Marded by the county to the county sail and. water conservation district for its review. Within 20 days of receipt, or within such additional time as may be prescribed by the county, the district shall review such plan and, submit Its comments and recommendations to the county. Failure of the courty:soil and water conservation district to submit. its comments and recommendations within 20 days or within the prescribed additional time shall not delay final action on the plan. (d) Reviewpy county, approval or disapproval. The county shall review each complete plan submitted to it grid within 20 days of ,receipt thereof shall notify the person submitting the plan that it has been approved; approved with modifications, approved with performance reservations, or disapproved: However, the county shall make every attempt possible to complete its review of the plan within 20 days of receipt: Failure to approve or disapprove a complete erosion and sedimentation control plan within 20 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. ' The county must approve, approve with modifications, or deny a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land disturbing activity pursuant to an "approved plan, the county determines that the plan is inadequate to meet the requirements of this article, the county may require such revisions as are necessary to comply with this article. The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws, regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table must be forwarded to the director of the division of water quality. (e) Environmental document. Any plan submitted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1 et seq.) shall be deemed incomplete until a complete environmental document is available for review. The county shall promptly no the person submitting the plan that the 20-day time limit for review of the plan pursuant to subsection (d) of this section shall not begin until a complete environmental document is available for review. ARTICLE V. SOIL EROSION AND SEMMENTATION CONTROL' htsy.//libraryl.municode.coinVdefault-notir/DocView/l277G/l/34/39 (f) Contents of plan The erosion control plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this article. All erosion and sedimentation control plans shall contain a maintenance plan addressing short-term and long-term maintenance of measures. Long-term maintenance of ground covers must be addressed in the maintenance plan. The plan may be included in the construction sequence or vegetation specifications, if appropriate. However, more detailed maintenance plans will be required where deemed appropriate. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the county on request. (g) Conditions for disapproval of plan. An erosion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant: (1) Is conducting or has conducted land disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commission or a local government pursuant to the Act and has not compried with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or (4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this subsection an applicant's record may be considered for only the two years prior to the application date. (h) Amendment of plan. Applications for amendment of an erosion control plan in written and/or graphic form may, be made at any time under the same conditions as the original application. Until such time as the amendment i sapproved_ by the county, the land disturbing activity shall not proceed except in a ccordance'vrlth the erosion control plan as originally approved. (I) Failure to file; conducting activity without plan. Any person engaged in land disturbing activity who fails to file a plan in accordance with this article, or who conducts a land disturbing activity, except In accordance with provisions of an approved plan, shall be deemed in violation of this article. 0) All plans, appriications and the checklist shall be accompanied by the requisite fee as established in the county fee schedule ordinance. (Ord. No. 20172, § 19, 2-2-93; Ord. No..96-8-7, §§ 8-1,0, B-20-96; Ord. No. 99-3-7, § 3, 3-16-99; Ord. No. 99-12-4, § 1, 12-7-99; Ord. No. 00-09-10, § 1, 9-12-00; Ord. No. 01-02-20; § 2, 2-20-01; Ord. No. 03-05-19, 5-20-02: Ord. No. 03-08-11; § 6, 8-5-03) Sec. 26-229. Appeals from disapproval or approval with modifications of plans. (a) Except as provided in subsection (b) of this section the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion control plan by the county shall entitle the person submitting the plan to the erosion control officer to a ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROi.' http:lllibraryi.municode.certt/default-no%vlDoe iew/1277611134139 hearing within 15 days after receipt of written notice of disapproval or modifications. (2) Hearings held pursuant to this section shall be conducted by a plan review ' committee consisting of the county engineer, director of county general services, and the director of planning and. development, within 30 days after the date of the appeal or request for a hearing, ' (3) The plan review committee shall decide appeals within 15 days after the date of the hearing on any erosion control plan. (4) If the county plan review committee upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the state sedimentation control commission, as provided in G.S. 113A-61(c) and Title 15 N.C.A.C. 4B .0018(d). ' (b) If an erosion control plan is disapproved pursuant to section 26-228(g), tFie county shall notify the director of the division of land resources of such disapproval within ten days. The county shall advise the applicant and the director in writing as. to the •specific reasons that the plan was disapproved. The applicant may appeal the county's disapproval of the plan pursuant to section 26-226(g) directly to the commission (Ord. No. 20172, § 20, 2-2-93) Sec. 26-230. Inspections and investigations. (a)Inspections required. Agents; officials or other qualified persons authorized by the county will inspect the sites 6f lard disturbing activity to dete_rri3ine, compliance with the Act, this article, or rules or orders adopted'br issued pursuard to this article; to determine whether the activity is being conducted in accordance with an approved pion; and whether the measures required in.'the plah. are effective.,in controlling erosion and sediment resulting from land disturbing activity. Notice of"the right to inspect shall be included in the notification of plan approval. (b) Notice of violation; compliance time period specified, enforcement. If, through inspection, it is determined that a person engaged in land disturbing activity has failed to comply with the Act; this article;' or rules or orders adopted or issued pursuant'to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or by any, means authorized under, G.S. 1A-1, Rule 4. The notice' shall s6i forth'the actions necessary to achieve.compliance with the plan or this article, specify a date by which the person must comply with the Act, this article, and inform the person of the actions that need to, be taken to comply with the Act, this article, and warn that failure to correct the violation within the time period shall -result in the assessment of a civil penalty or other enforcement action: However, -no time period for compliance need be given for •failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorzed representative while in the process of carrying out his official duties. If the person engaged in lard disturbing activity fails to comply within the time specified, enforcement actlon shall be initiated. (c) Right of entry. The county shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at'reasonable times upon any property, public or private, for the purpose of investigating aiid inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person I I ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL' litip:l/Libraryi.inuriicude.conddcrault-noxv/DocView112776/1/34/39 I obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. (d) Requiring written statements; filing of reports. The county shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity. (e) Certificate of compliance; issuance. A certificate of compliance shall be issued to the person conducting the land disturbing activity upon satisfactory project completion. (Ord. No. 20172, § 21, 2-2-93: Ord. No. 96-8-7, § 11, 8-20-96; Ord, No. 06-04-02, § 5, 4-4-06) Sec. 26-231. Penalties for violation of article. (a) Civil penalties. Civil penalties may be imposed as follows: (1) Any person'Who violates any of the provisions of this article, or rules or orders adopted or issued pursuant to this article, or who' initiates or continues a land disturbing activity for which an' erosion control plan. is required, exceptin accordance' with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty for a violation of this article is $5,000.00: No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or as provided in G,t3. 1i3A-61-1(b), or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable- particularity, specify a ieasonahie time period within which the violation must be corrected, and warn that failure to correct the violation'within the time period will result in.the assessment of a civil penalty or other enforcement action. If,,afterthe allottedtimeperiod has expired,ahe violator has not completed corrective action, . a civil penalty may be assessed from the ,date the violation is detected. Refusal to accept tFie notice orfallure to'hotify the_ county.erosion control officer of a change`of, address shall riot refeve the violators obligatlo_n to pay r such a penalty. However, no time period for compliance need De given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative'while in,the process of carrying out his official duties. Each day of a continuing violation shall constitute a separate violation: The act clarifies that a person may be assessed a one -tune civil penalty of up to $5,000.00 for the day the violation is first detected. (2) Civil perialties 'shall be assessed for the violations listed below pursuant to the following schedule: a. For failure to submit an acceptable erosion control plan for.,approval as required by this article, $100.00 per day. Any person who is subject to a civil penalty under this division may be subject to additional civil penalties for violation of other provisions of this article, or rules or orders adopted or issued pursuant to this article (section 26-228). b. For failure to secure from the county erosion control office a valid land disturbing permit (section 26-226) prior to conducting a land disturbing activity, $50.00 per day. c. For failure to take all reasonable measures to protect public property, private property, a lake or natural watercourse, from damage caused by land disturbing activities (section 26-211), $50,00 per day. d. For failure 10 comply with the design and performance standards for High ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL'listp:lllibraryl.municodc.conrldcfauli-nuwll)ucView11277G/l/34l39 Quality Water (HQW) zones as per section 26-247(b), $50.00 per day. ' e. For failure to conduct a land disturbing activity in accordance with the provisions of the erosion sedimentation control plan which was approved by the county erosion control office, (section 26-228), $50.00 per day. ' f. For failure to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of the tract (sections 26-211 and 26-246), $50.00 per day. ' g. For failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation by natural or artificial means within 25 percent of that portion of the buffer zone nearest the land disturbing activity, whichever is the greater width (section 26-246), $50.D0 per day. h. For failure to maintain temporary and permanent erosion and sedimentation control measures and facilities during the development of the site (section ' 26-252), $50.00 per day. i. For failure to maintain on graded slopes and fills an angle s efficient to retain vegetative cover or other adequate erosion control devices or structures (section 26-246), $50.00 per day. ' j. For failure within 15 woridng days or 30 calendar days, whichever period is shorter; after'completion of any phase of grading to plant or otherwise provide exposed ,graded slopes or fills with ground cover, devices, or structures ' sufficient 10 retain erosion (section 26-246), $50,00 per, day. k. For failure to plant or otherwise provide ground cover sufficient to restrain erosion within 15 wonting days rir 90 calendar days; whichever is the shorter, following completion of construction or development (section26-246), $25.00 ' per -day. 1. For failure to file an acceptable. revised erosion and sedimentation control plan after being notified by the county erosion control office of the need to do so (section 26-228), $25.00 per day. 1 m. For failure to retain along a lake or natural watercourse a buffer zone of sufficierie ' idih'to'confine visible siltation within the 25 percent of the buffer zone nearest theland disturbing activity'(section 26-246). $25.00 per day. (3) After determining the penalty, the erosion control officer shall recomm6nd and the county planning director assess the penalty against the person or entity deemed to be in violation of this article by mailing by registered or certified mail, return receipt requested, or by any means ' auttiorized .under G.S. 1A-1, Rule 4, or other means reasonably calculated to give actual notice, to the person responsible for the violation a notice of assessment and demand for payment, which shall include therein a detailed description of the violation for which the penalty has been imposed, the amount of the ' penalty and the reason for assessing the penalty. (4). If payment is not received or equitable settlement reached within 30 days after the notice of assessment and demand for payment has been received, the matter shall be referred to the county attorney for institution of a civil. action in the appropriate division ' of the general courts of justice to recover the amount of the assessment. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is 'contested is due at the conclusion of the 1 i z f,)n 1 ... ARTICLE V. SOIL EROSION AND SMIMENTATION CONTROL` htip:lllibrarvl.muiiicode.co;iVdcfault-now/Doc View/12776/1/34/39 administrative and judicial review of the assessment. 1 A ..r'1A (5) Any monies received from the collection of penalties shall be deposited in the county planning departments operating budget in order to be used to enforce the purposes and requirements of this article. (b) Appeal of civil penalty assessment, (1) A person or entity assessed with a civil penalty must select one of the following options within 30 days after receipt of the notice of assessment and demand for payment: a. Tender to the county planning director or county finance office full payment of the penalty; or b. Submit in writing to the county planning director, a request for an administrative hearing specifying the factual or legal issues to be contested. (2) Failure to request an administrative he as provided in subsection (1) above will be deemed a waiver of any and all rights of review, either by the board of adjustment or by the general courts of justice, of the assessment of the civil penally. (3) If the alleged violator requests an administrative hearing, no further demand for payment will'be made by the erosion control officer unless a final decision is made by the board of adjustment which upholds the assessment of a penalty, (4) Any person or entity who is 'aggrieved by a final decision by the board of adjustment is -entitled to judicial.review of such decision by the'general court of justice, superior court division, by proceedings in the nature of certiorari; provided such petition for review is filed with the clerk of superior court within 30 days after a written copy, of. the decision of the board is delivered to the aggrieved party, .either by personal service or by registered'or certified mail, return receipt requested, pursuant to G. S: 153A-345(e)'- (5) No provision of this section shall be construed to restrict or impair the right of the erosion cortrot officer or the county to pursue any other remedy provided by law or equity for violations of this article, including the right to assess penalties for violations of this article occurring during the appeal process. (c) Criminal penalties. Any person who "Mngiy or willingly viola#es any provision of this article, or rule oe order adopted or Issued pursuant to this article, or who knowingly or WlMy initiates or continues a land 'disturbing activity for which an erosion control plan is required except in accordance with the terins, conditions, and provisions of an approved plan shall be guilty of a class 2 misdemeanor, which may include a fine not to exceed $5,000.00, as provided by G.S. 113A-64. (Ord. No. 20172, § 22, 2-2-93; Ord. No. 9M-7, § 12, 8-20-96; Ord. No. 99-3-7, § 11 3-16-99; Ord. No. 99-12-4, § 2, 12-7-99; drd. No. 01-02-20, § 1, 2-20-01) Sec. 26-232. Injunctive relief. (a) Whenever the planning director or his designee has reasonable cause to believe that any person is violating or threatenirxj to violate this article or any rule or oider'adopted or issued pursuant.to this article, or any term, condition, or provision of an approved erosion control plan, the planning director or his designee may, either before or after the institution of any other action or proceeding authorized. by this article, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be 9-1-h ,,- -\1 I I ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL' brought in the county superior court. hupallihraryl .municode.conJdefaulr•now/DoeView! I2776/t/34139 (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure that restoration is performed onto prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this article. (Ord. No. 20172, § 23, 2-2-93) Secs.26-233 26-245. Reserved. DIVISION 3. LAND DISTURBING ACTIVITIES Sec. 26-246. Mandatory standards. No tand disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory requirements: (1) Buffer zone. Buffer,zone standards shall be as follows: a. No land disturbing activity during periods of construction or improvement to land shall'be�`permitted in proximity to a lake or natural watercourse unless a buffer'zone is provided along the margin of the watercourse of sufficient width to confine visibld'siftation within the 25 percent of'lhe buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the state environmental management commission shatl have an undisturbed buffer zone 25 feet wide or of sufficient wridth to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity, whichever is greater, provided, however, that the county may approve plans which include land disturbing activity along trout waters when the duration of the disturbance would be temry poraand the, extent of the disturbance would be minimal. This subsection `shall not apply to a land disturbing 'activity in connection with the construction of facilities to be located *on, over, or under a lake or natural watercourse. b. Unless otherwise provided, the width of a buffer zone is measured horizontally from the edge of'the water'to the nearest edge of the disturbed area, with the 25 percent of ' the strip nearer the land disturbing activity containing natural or artificial means of contining visible siRalion. c. The 25-foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the lop of the bank. d. Where a temporary and minimal disturbance is permitted as an exception by subsection (1)a of this section, land disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten percent of the total length of the buffer zone within the tract to be distributed such that there is not more than 100 linear feet of disturbance in each 1,000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of the director. I ARTICLE: V. SOIL EROSION AND SEDIMENTATION CONTROL' litip:l/iitirary1.municode.corWdefault-now/pee View/1277611/34/39 e. No land disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15 N.C.A.C. 2B.0211 "Fresh Surface Water Classification and Standards," in these waters. (2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures and shall not have fill -slopes steeper than 2 H:1V, nor cut slopes steeper than 1.5H:1V at a maximum of 20 feet in height unless designed by a geotechnical engineer. In any event, slopes left exposed will, within 21 calendar days after completion of any phase of grading be planted or otherwise provided with temporary or permanent ground cover, devices or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. In order to provide stabilization and maintenance of graded slopes and fills, a sufficient setback, as determined by the county erosion control officer, must be provided between all property lines and the top of graded slopes (cuts) and the toe of fills. (3) Ground cover. Whenever land disturbing activity is undertaken on a tract requiring a land disturbing permit, the person conducting the tand' disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the' land disturbing' activity within the boundaries of the tract during construction upon and development :of the tract, and shall plant or otherwise provide a, permanent ground corer sufficient to restrain erosion after completion of construction or development within 15 working days or 90 calendar days foligWing :completion, whichever period is shorter except. as provided in section 26-247(b)(5). (4) Prior plan, approval. No person shall initiate any land disturbing activity on a tract requiring a land disturbing permit unless, 20 or more days prior to initiating the activity, an erasion and" sedimenlation control plan for the activity is filed with the county. Should the plan be filed; approved and a land disturbing permit be issued in less than 20 days from the filing of the plan, the land'disturbing activity'may commence. (5) Onsife meeting. The person conducting land disturbing activity or an agent of that party shall contact the erosion control officer at least 48 hours before commencement of the land disturbing activity for the purpose of arranging an onsite meefing with the erosion control officer or duly authorized representative to review and discuss the approved plan and the proposed land disturbing activity. (Ord. No. 20172, § 8, 2-2-93; Ord, No. 96-8-7, §§ 13, 14, 8-20.96; Ord, No. 99-3-7, § 2, 3-16-99; Ord. No. 00-09-10, § 2„9.12-00; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 7, 8, 8-5-03; Ord. No. 06-04-02, § 6, 4-4-06) Sec. 26-247. Design and performance standards. (a) Erosion and sedimentation control measures; structures and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of runoff from the twenty -five-year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices;" or other acceptable calculation procedures. (b) In high quality water (HQW) zones the following design standards shall apply: ARTICLE V. SOIL 1:11MON AND SEDIME•N7'ATION CONTROL* hip://Iihriryl.municode.corrVdcfcult-now/DocVic%v/l277611134/39 (1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land disturbing activity within an HOW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the director. (2) Erosion and sedimentation control measures, structures, and devices within HOW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (3)• Sediment basins within HOW zones shall be designed and constructed such that ' the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Services "National Engineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (4) Newly constructed open channels in HOW zones shall be designed and ' constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization, unless soil conditions permit a steeper slope or where, the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient ' to restrain accelerated erosion. (5) Ground cover sufficient to restrain erosion must be provided for arty portion of a land disturbing activity in a HOW zone within 15 wonting days or 60 calendar days following completion of construction or development, whichever period is shorter. (Ord. No. 20172, § 9, 2-2-93; Ord. No. 06-04-02, § 7, 4- -06) ' Sec. 26-248. Stormwater outlet protection. (a) Generally. Persons shall design and conduct land disturbing activity so that. the post construction velocity of the twenty -five-year storm runoff in the receiving watercourse to the ' discharge point does not exceed the greater of: (1) The velocity established by the table in subsection (d) of this section; or (2) The velocity of the twenty -five-year storm runoff in the receiving watercourse prior ' to development. Note: In any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is required. Refer to subdivision ordinance for additional 'requirements section 70-66 general requirements. ' If the. condition in subsection (a)(1) or (a)(2) of this section cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds'the prior to development velocity by ten percent. In ' any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is ; required. Refer to subdivision ordinance for additional requirements section 70-66 general 1 17 nfln .. . _ _ L ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL'latp;/tlibrarvi.tnuriicudc.contldcfauit-noi%•/DocView/12776/1/34/39 requirements. Note: Detention may be necessary and shall be sufficient to store all excess flows to twenty -five-year frequency twenty -four-hour storm. This is in excess of runoff that would occur from site left in pre -development. (b) Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The county recognizes that the management of stormwaler runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some aftematives are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious. - (2) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sections to complex structures. (4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining. (c) Exceptions, This rule of this section shall not apply where it can be demonstrated that stormwaler 'discharge velocities will not create an erosion problem in the receiving watercourse. (d) The following is a table for maximum permissible velocity for stommwater discharges. TABLE INSET: Maximum Permissible Velocities Material Discharged Into F.P.S. M.P.S. Fine sand (noncolloidal) 2'.5 0.8 Sandy roan (noncolloidal) 2.5 0.8 Sift. loam`(no ncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel ' 6.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 r n n 11 I I I 1 '­­­ 1. 11... I 1 ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL' hnp:/ilibrary1.nwnicode.comldefauli-now/DocVien,/12776/1134139 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Source. Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Ord. No. 20172, § 10, 2-2-93; Ord. No. 06-04-02, § 8, 4-4-06) Sec. 26-249, Borrow and waste areas. When the -person conducting the land disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained either onsite or offsite, and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the department's division of solid waste management shall be considered as part of the land disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate larid disturbing activity. (Ord. No. 20172, § 11, 2-2-93) Sec. 26-260. Access and haul roads. Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing activity shall be considered a part of such activity. (Ord. No. 20172, § 12, 2-2-93) Sec, 26-251. Operations In lakes or natural watercourses. Land disturbing activity in connection with construction in, on, over, or under a lake or. natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. These activities must be in accordance with all existing federal, state, and local requirements. (Ord. No. 20172, § 13, 2-2-93) Sec. 26-252. ResponsiblI4 for maintenance. During the development of a site, the person conducting the land disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this article, the Act, or any order adopted pursuant to this article or the Act. After site development, the landowner or person in possession or control of the land shall install andlor maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. 1 io r?n ARTICIX V. SOIL EROSION AND SEDIMENTATION CONTROL* (Ord. No. 20172, § 14. 2-2-93) Sec.26-253. Additional measures. I hitp://I ibraryl .municode.con1default-now/DocVic%v/1277611 /34/39 Whenever the county determines that significant sedimentation is occurring as a result of land disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity will be required to and shall take additional protective action. (Ord. No. 20172, § 15, 2-2-93) Sec. 26-254. Existing uncovered areas. (a) All uncovered' areas existing on February 2, 1993, which resulted from land disturbing activity, exceeding one acre (43,560 square feet), are subject to continued accelerated erosion, and are causing,offsite damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control offsite sedimentation. (b) The county will serve upon the landowner, or other person in possession or control of the land, a written notice of violation by registered or certified mail, return receipt requested,' or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the, time allowed for compliance, the county shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (c) The county reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. (d) This rule shall rot require ground cover on cleared land forming the future basin of a planned reservoir. (e) No fee shall apply to work required under this section. (Ord. No. 20172, § 16, 272-93) Sec. 26-255. Restoration of areas affected by failure to comply with sedimentation control measures. The county may require a person who engaged in a land disturbing activity, and failed to retain sediment generated by the activity, as required by section 26-246(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil penalty or injunctive relief authorized under this article. Secs.26-256-26-275. Reserved. State of North Carolina Department of Environment & Natural Resources Division of Water Quality #' MAOFICSUSE ONLY,� ` ,N",M' Date Revd 03-10-03 Fee Paid A -„, (J" Permit Number ties o,, -43c� NPDES STORMWATER PERMIT APPLICATION FORM This application form is fbr use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This appiication form, completed in a000rdanoe with Ifn r,4ctions for aampretfng NPDES .Srraa// MS4 9vimwatrr PennitApplicabon (SWU-270) and the accompanying narrative documentation, completed in accordance with Insftcdons for Preparing Me Com rehensyve 5tormwater Maniaagwment Program Report (SW-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Montreat b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91- 96 Classification Code e. County(s) Buncombe f. Jurisdictional Area (square 3.87 (square miles) miles g. Population Permanent . 630 Seasonal (if available) 10602 estimated h. Ten-year Growth Rate -1% from 1990 -2000 I. Located on Indian Lands? ❑ Yes X No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (Eguare miles 3.87 (square miles) b. River Basin(s) French Brad c. Number of Primary Receiving Streams 1 d. Estimated percentage of jurisdictional area containin the following four land use activities: • Residential 90% • Commercial N/A • Industrial N A • OpeES _ace 10% Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes X No Page 1 NPDES RPE Stonmwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. local Nutrient Sensitive Waters Strategy ❑ Yes ❑ X No b. Local Water Supply Watershed Program ❑ Yes ❑ X No c. Delegated Erosion and Sediment Control Program ❑ Yes ❑ X No d. CAMA Land Use Plan ❑ Yes ❑ X No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to ao-permit with El Yes [:]X No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ Yes ❑ No with another Phase II enti ? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No rmittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our pennit obli lions? X Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Black Mountain Fire & Rescue • Element they will implement Hazardous Material Spill Response • Contact Person Gary Bartlett • Contact Address • Contact Telephone Number (828) 669-8074 • Name of Entity Buncombe County Emergency Managementj911 • Element they will implement Hazardous Material Spill Response • Contact Person • Contact Address • Contact Telephone Number (828) . Page 2 NPOES RIPE Storrnwater Permit Application Entity and Permit obligaltJons theywill perform continued • Name of Entity NC De rtment of Environment and Natural Resources • Element they will implement Erosion and Sediment Control Program for construction activities • Contact Person William C Beck, P.L.S. • Contact Address 59 Woodfin Place Asheville NC 28801-2414 • Contact Telephone Number 828-251-6208 • Name of Enti • Element they will implement • Contact Person • Contact Address • Contact Telephone Number • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number Page 3 NPDES RPE Stormwater Permit Application VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. Charlie Caldwell VII. SIGNING OFFICIAL'S STATEMENT Please see the application instnictions to determine who has signatory authority for this permit application. If authority For the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I cerafy, under penalty of law, that this oba rnent and all atladrmff& were prnwred uno-r my direction or supervision in accordance with a system designed to assure that qualified personnel pnope►ly gab4sr and evaluate Me inlnrrnation submitted. Based on my inquiry of the person or persons who manage the system, or thane pemns directly responsible for,giatherdng the inS7 Matron, dle infomiadon submitted is, to the best of my knowledge and belief, bue, accurate, and complete: lam aware drat Mere are significant pemIdes for submitting false infom7ation, induding the pas%bility of fines and imprmniment for Avowing vAvlatrons: Signature Name Charlie Caldwell Title Public Works DepartmOnt Head Street Address 96 Rainbow Terrace PO BOX 423 city Montreat State NC Zip 28757 Telephone (828) 669-8002 Fax (828) 669-3810 E-Mail CPMQrttreat@aol. com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible fbr day to day implementation and oversight of the sbarmwater program. a. Name of Contact Person Charlie Caldwell b. Title Public Works Departrment Head c. Street Address 96 Rainbow Terrace d. PO Box 426 e. City Montreat f. State NC g. Zip 28757 h. Telephone Number (828) 669-8002 L Fax Number (828) 669-3810 }. E-Mail Address Same as above Page 4 NPDES RPE Storinwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or consbixtion approvals received or applied for under the foilowing programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed sbomhwater management program for the five-year permit term. The report shall be fomiatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instruntions for Preparing the Comprehensive Stormwater Management Program Report (SWU=268). The report must be assembled in the foilowing order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. Narrative Application Supplement Attadhed Page 5 NPDES Storm Water Management Program Report Narrative Supplement TABLE OF CONTENTS Part 1. Storm Sewer System Information .................................. 2 Part II. Receiving Streams ................................................... 3 Part Ili. Organizational Chart...................................................4 Part V. Existing Water Quality Programs ................................. 5 Part VI. Permitting Information..............................................6 a. inserts Part VI1. Storm Water Management Program Plan .......................6 PartVlll. Table ................................ ..:.................................. Appendix A: System Storm -water Maps Town of. Montreat Comprehensive Storm water Management Program Report March 10, 2003 Part I. Storm Sewer System Information The Town of Montreal has a permanent population of 630 according to the U.S. Census Bureau 2000. During the seasonal months of May, June July and August the population increases to 10,602 based on informationrecorded and provided by the Montreal Conference Center for conferences. The population counts from the 1990 and 2000 census shows a decrease of 63. The lower count is due to a decline in college students registered at the Montreal College. Based on this data the growth rate would be a negative 1%. Certification for Powell Bill funding shows road miles to be 15.01,which calculates out to 3.874 squares miles for Jurisdictional and MS4 service area. Throughout the town are a variety of culverts ranging from 6' down to 12", french drains, catch basins, open ditches and one dry lake. The maintenance consists of routine cleaning of culverts and catch basins, replacing old culverts as needed and monitoring diligently before, during and after rainstorms. The town owns all streets with no state road with the town limits. The Town of Montreal is mostly residential use. Two other entities within the town are the Mountain Retreat Association, which are a religious conference center and the Montreal College. The town has no commercial or industrial entities. The town is currently working with the Montreal Conference Center in developing a town wide Land Use Plan. Currently platted but undeveloped are 390 lots all less than one acre. Approximately 90% of all developed property that is not tax exempt is residential. The woodland area would make up for the 10% of open space. The locations of these platted lots present a challenge for property owners due to the topography of the land. All other land is zoned as Woodland, which allows but is not limited to fishing and grazing. Extremes in topography and soils in these areas are not suitable for residential, commercial, institutional or related development. The town is not currently under EPA or NCDENR authority for daily load allocation. 2 Part II. Receiving Streams Table 1. French Board River Basin Receivinc, Stream Stmam Water Ouality Use Sunnort Water Ouality Issues Flat Creek From'source at C HQW Fully Habitat Degradation top of supporting Greybeard Mountain to French Broad River Big Piney Branch From upper C HQW Fully Habitat Degradation NW corner into supporting Flat Creek Kitchen Branch South of C Fully Habitat Sourwood Gap supporting Degradation to Flat Creek Little Piney From Little C Fully Habitat Branch Piney Ridge supporting Degradation West to Flat Creek Puncheon Branch From Buck Gap C Fully Habitat on the east side supporting Degradation to Flat Creek UN -named East lower area C Un-rated Tributaries below Little No DWQ index # Pine Branch Part III. OOr anizational Chart Town Council Mayor Commissioner of Environment Commissioner of Finance Commissioner of Police Commissioner of Sanitation Commissioner of Water Planning and Zoning I Commission Commissions and Committees Professional Services 5 Town Adm Chief of Police Records Police Town Clerk Police Offloers Auxiliary Officers F inistrator Finance Public Works Finance Officer Road Crew Clerk to P & Z Water Crew Clerk to B of A Building/Grounds Crew Board of Adjustment Building Inspector PW Director Contract Zoning Official Services Sanitation 4 Part IV. Existing Water uali Programs The town received approval in August 2002 for our Wellhead Protection Plan. In addition to this plan we have ordinances that deal with drainage and protection of our greenspace. In 1997 the town, in co-operation with the Montrcat College gave permission for students to inventory and stencil storm water drains. The stenciling has continued since that time. We encourage property owners to establish buffer zones in landscaping design. The Mountain Retreat Association has, among other groups, work and have in place wilderness programs and land conversation. Our Commissioner of Environment works closely with these groups to finds ways to protect not only our stream but also other issues dealing with our natural environment. In addition we have in our Subdivision Ordinance, which was amended in 1999, Section 503; Storm Water Drainage, the requirement that a preliminary plan for storm water drainage shall be prepared by a licensed landscape architect or registered land surveyor. The following objectives must be meet for compliance: (A) Provides for adequate drainage from all roads. Parking lots, and other developed areas; (B) Provides a suitable building area on each lot intended for building development which is safe from inundation, erosion, or subsidence; (C) Prevents both the unnecessary impoundment of natural drainage ways and the creation of areas of standing water; (D) Insures that existing drainage ways serving adjacent properties are maintained; or if necessary, re-routed but still function; (E) Prevents inundation of surface water into sanitary sewer systems; (F) Protects existing roads, driveways, utilities and other types of development from damages caused by improper drainage control. Also in the Subdivision Ordinance is Section 504, Sedimentation Control. It states; "The requirements for the sub divider to show proof, in order to prevent soil erosion and sedimentation pollutions of streams, springs, flat water bodies, and other drainage networks, of an erosion and sediment control plan in conformity with the Rules and Regulations for Erosion and Sediment Control as adopted by the NCSCC, or with the Ordinance for Control of Erosion and Sedimentation for the Town of Montreat, whichever is the higher standard." The 390 lots mentioned early do not fall in the over I acre category. The town has been working on a floodway ordinance for some time. Hopefully the ordinance will go into effect by December 31 2003. Part V. Permitting information The Montreal Board of Commissioner approved by motion at their regular schedule meeting February 13, 2003 Charlie Caldwell to be the responsible contact person for the day to day activities, to coordination and the implementation of the Town's Storm Water Management Program (see inserts) Mr. Caldwell is the Public Works Department Head. He will work closely with the Town Administrator and the Commissioner of Environment as well as the Black Mountain Fire and Rescue if needed for hazardous material spills. The town will not co -permit with any other entity... Part VI. Storne water Management Program Plan In 1999 members of staff and Town Council developed a booklet titled, "Planning a Home in Montreal?" Before you buy or build.... Included in the material is information concerning, the mountain environment, site stability, sewage disposal and vegetation. Etc. Since the booklet was published we have provided copies for the public to help educate as many people as possible about the conditions created during and after develop. Education of the public is a valuable tool and the Montreal Town Council encourages staff to have available for the public educational materials to help ensure the protection of the beautiful surrounding of our town. All catch basins are identifiable by a program designed by college students, which involves stenciling on the pavement wording informing the public that if any liquids were to be disposed of through the catch basins the materials would go into the system and end up in the French Broad River. The intent of this program is to provide the information in hopes that the public will not dispose of any material through the catch basins. We also have designed a web page for interested parties; mail a quarterly newsletter and a monthly information column in the local newspaper. We include how to contact staff and council members including the zoning official. We have currently in our ordinances sections that deal with underground storage tanks, drainage, sedimentation control, and landscaping. Also, a property owner/contractor must submit a landscape plan when requesting a building permit. Drainage design is a major point of discussion prior to approval of the zoning compliance. This helps in efforts to minimize disturbing the land, which in turn aids in controlling storm water runoff. The council has previously adopted Buncombe County's Sedimentation and Erosion Control ordinance. TOWN OF MONTREAT February 26, 2003 State of North Carolina DENR Division of Water Quality To Whom It May Concern, The Montreat Board of Commissioners on February 13th, 2003 at their regular scheduled Town council meeting, appointed Charlie Caldwell as the delegated staff member authorized to apply for the NPDES Stormwater Application and Permit. Cordially, , 4& t tta Je aylor Mayor Town of Montreat 096 Rainbow Terrace • P.O. Box 423 ontreat, NC 28757 • • • • • • • • Phone(828) 669-8002 Fax (828) 669-38 10 MOTIONS FOR FEBRUARY 2003 Page Two' oTOwTv !QOU_4QjL KQLr� OF PROC J URE, C01VOMSSIONER. Madam Mayor, I move to adopt revisions to the Montreat Board of Commissioners Rules. of -Procedure as follows: I. Rule.4;,Agendq-- Add:the following sentence: "Supporting background information for items on the agenda may be added after the Tuesday one week prior to the Agenda meeting.. The comshissioners may elect to discuss or defer .discussion until the following meeting." 2. Rule 10, When the Presiding Officer is in Active Debate: Change the word "may" to "shall" in the first sentence so it reads as follows: "If the mayor or other presiding officer becomes actively engaged. in. debate.on a Particular proposal, he or she shall designate another board member to preside.over the debate. (Second sentence remains unchanged.) -RESOLUTION FOR NANCY HOPE COMMISSIONER Madam Mayor, I move to adopt the Resolution of Appreciation to Nancy Hope. *RESOLUTION FOR NANCY HOPE COMMISSIONER Madam Mayor, I move to adopt the Resolution of Appreciation to Ann Craven. •POLICE INVESTIGATION COMMISSIONER WHITE I move that Chief Yates conduct a background investigation on Ron Wright to consider him for sponsorship in BLET. COMMISSIONER TALE Madam Mayor, I move to'appoint Charlie Caldwell as the Duly Authorized Repre'sentafiwe'for the NPDES Storniwate `Application and Perrriit. *BEAR PROOF CONTAINER GUIDELINES COMMISSIONER HOLLINS Madam Mayor, I move to approve the Guidelines for Bear Proof Garbage Containers. In addition to the media output the Zoning Official and Public Works Department Head closely monitor during all development during any construction for possible violation. If a violation is found all work in halted until the water runoff concern is removed. The public consists of conferences, college students, and folks from all parts of the country. The 2000 census information shows that .05% of the population is a race other than white mostly over the age of 65. The next highest populated age group is under the age of 21, which would be college students. Based on the data we are mainly a residential town. In 1982 the Town of Montreat entered into an agreement with the Mountain Retreat Association (conference center) to control and maintain the sewer and street system In the late eighties the sewer system was transferred to the MSD. The town does own a sewer system. Since this time changes havd been incorporated into the town's ordinances, the staff has encouraged property owners during plan reviews to save the natural vegetation and establish buffer zones, which decreases the water flow. Over the next five years the staff and council of Montreat will continue their efforts to provide education to all citizens currently in the town and those who plan to build in the future. We will expand our literature program by developing more brochures, and literature dealing with storm water drainage. We will be pro- active in educating the public by means of developing data, such as possible local ordinances with regulatory fines to prohibit illicit discharges into the system or receiving stream, and holding workshops to encourage the public to work with the town through a volunteer program which will help informing data. We will work closely with the Montreat Conference Center in areas of environment and pollution of our stream(s) and natural surrounding. Being a small town our municipal and vehicle operations, garbage collection is limited. The Public Works staff continuously does road maintenance, which enables them to maintain the culverts, catch basins, etc. All vehicle maintenance is done at a different location due to the fact that the town does not own any facilities to accommodate the work. Montreat does not own/operate EMT, ambulance or transportation services, nor does it have a wastewater treatment plant, landfill, recyclables processing center, airport, or Parks and Recreation. As a means to continue the town's good housekeeping practices and to ensure our program is working in a feasible manner and to comply with final mandated rules will review the plan on annual basis. VII. BMI` SUMMARY TABLE: TOWN OF MONTREAT APPLICATION NARRATIVE SUMMARY 1. BMP's and Measurable Goals for Public Education and Outreach n . RNZc I4, aP 'M- 'A,P.M Continue distribution of newsletter on x x Public Works Distribute information through a quarterly basis, posting of Department the Town newsletter and Town information on town's web page Head, Town website x x x x x Administrator, and Town Conduct/Promote annual public Council workshops x x x x Educational Materials available in Town Hall for developers, x x x businesses and residents 2. Conduct/Promote annual Develop data for public review at x x x X Town gaff and trainings locally annually held public forums. Town Council 3. Work with college students to Annually repaint stencils now on storm x x x x Public Works continue the stenciling of storm drains and to educate the public by Department drains throughout town. informing them of the flow of Head, hazardous waste material place in Commissioner of storm drains Environment and other staff. 0090000000000000000000000000000000000000000o �00000000000000000*90090000900000000000000000 2. BMPs and Measurable Goals for Public Involvement and Participation �4,kB r -R S On 0. Whl' Z 'ig . V esponsiU1%.,,j 0 OW, 1. Inform Town Council and other Continue to seek input and provide X X X X X Public Works appropriate town boards of Plan updates on Phase II requirements and Department implementation, implementation to Town Council and Head, Town the Town Planning Board as part of Administrator regularly scheduled public meetings. 2. Share public information and Explore feasibility of working with X X X X Public Works participation efforts with other other local entities to develop public Department entities. input and informational workshops or Head, Town other processes. Council. 3. 4.. Promote Volunteer efforts to Promote volunteer involvement in X X X X X Town Council help keep drains, catch basins, conducting efforts to help keep town and the streambed clean from "clean'. debris. ������������������������������������e������• 3. BMPs and Measurable Goals for Illicit Discharge and Elimination �N in , t BMP ,rM, lk � i,YAl F. N 1. Inventory and Map streams, Utilize GIS system from Montreat x x x x Public Works storm sewer system, and College to develop a map of the MS4 Department outfalls. system and its outfalls relative to . Head, Zoning available USGS information and to Official and update and maintain that map into the Town future; Administrator 2.. Effective Spill Management Prevent hazardous materials from x X X X X Public Safety and Protocol reaching area streams through timely Black Mountain and effective emergency management Fire & Rescue in hazardous spill situations 3. Regular road and storm sewer Maintain roads and storm sewer x x x x Public Works Maintenance infrastructure Department ����e�����������������������������������s���• 4. BMPS and Measurable Goals for Construction Site Stormwater Run-off Jg 44X U� ,i7qowuz v, " %,­- 14 nNA" 5AII­W) Aeasurale ky I X W6UBMPP _ lonsl eg oz 1. Require site plans and permits Continue to enforce Erosion and x x x X X NCDENR — State for land disturbing activities of Sediment Control Ordinance for Sedimentation I acre or more and continue to construction activities in coordination and Erosion review storm water drainage at with the local NCDENR Office. Control Program, time of zoning compliance Zoning Official I �����������������s�������������������������s� 5. BMPs and Measurable Goals for Storm Water Management in New Development and Redevelopment gA g g Z' Mpg, _eIR I" _Measurable . oiU�- NN - Y a Y Q r 2 x N 10 i�Reso.' si 66 blkixjO R 1 Develop new local ordinances Consider any model ordinance that the x x x x Town Staff, may be available to help promote Town Council, storm water runoff Planning & Zoning Board 2. Enforce Local Ordinance Work with other communities, Land- x x x x of -Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 0*00000000*00000**09000000000000000000000000 ����������e�����������������������s�s�������• 6. BMPs and Measurable Goals for Pollution Prevention and Good Housekeeping 11 1 Bm MEN V4, -------------3._4:s5�_ easurabW., pag, NIS na Yil� 35r, 'W 0 Re§�OfisibW��,-- Position 1. Practice Good Housekeeping in Continue Town maintenance policies x x x x x Public Works all Town Facilities. of good housekeeping and pollution Department prevention practices within current Head, all town facilities. staff 2. Utilize available training Train Town Employees annually on x x x x Public Works materials from EPA, the State, good housekeeping, pollution Department or other organizations as part of prevention, and hazardous materials Head, Town employee training. -- , management. t I I I I I Administrator ���s�������s�������������������������o�e����• APPENDIX A Examples of ongoing recording of culvert locations Virginia Road creek Kanawha Qriva Truck Route Assembly Drive: Truck Route & Gate Area To Well 5 36' culvert Assembly Drive 24° cvivert Montreat Gate To Black Mountain �j File name: trkrt.cfl' pg9-. 4 Assembly Drive: Community Center Circle to Georaia Terrace West Wrginic, Terrace: To Nisbet Lane. Nisbet Lane Virginia. Road. 10 4i Flows to NC Terrace -W 24" culvert stream iAllison Cottage i 24" culvert empties onto road It is 1,350' from the stone steps at 41 1 W.V. to Nisbet Lane ME Al i Assembly Inn Terrace He n,3me-,Wv"1.,J1 Pogo P.M."AL ban West Virginia Terrace: From Greybeard Trail West Virginia Greybeard Trail Terrace Greybeard Trail ....... nv-" fle nomo:wvo.rtI page Assembly Drive. Assembly Inn Area parking Georgia Terrace awo Greybeard Trail 24" culy�r 12" culvert, also gutter drain for Assembly Iran. Assembly Drive s Assembly Circle �11 parking It is 618' frgm Georgia Terrace to Assembly Circle Lake Susan File npme: assdr.dl page 2 Greybeard Trail: West Virginia Terrace to Calvin Trail Greybeard Trail: Calvin Trail to McGill Drive A Greybeard Trail McGill Drive 24' culvert L.f , 18' culvert Stream from Suwannee 5' culvert Drive Carry's Creekl.:�.>:- Buried clean -out box 24" culvert =� Big Piney File nan F Stream Stream Cglvin Trail r�1 To of Suwc Greybeard Trail: McGill Drive to end E romriveend We narre: groybd.cfl page 1 i - Greybeard Trail: Assembly. Circle to. West Virginia Terrace Al Kifcheri Driveway. 7 L'V/ File name: greybd.cfl page 4 e �'� s • • •� Assembly Drive: Georgia .Terrace to Community_ Center Circle t Chapman Road. Start to 341 Lookout Road /J N k], file name: choprd:cfl Nuyb 2 • • �av� Chapman Road: 341 to end • • • • • • fila nam�:�hnprrf.�ff • page } • Gow house Assembly Circle Lookout Road Howerton Hall .on ® 24' culvert ME ME3MM ~�.... Assembly Circle 8" roof drains Gaiihe.r Circle .4 1w culvert Winshorough Halt Assembly Circle It is 1 ,1 1 T rom Greybeard Trail 24" culvert to Lookout Road Z�2 The exact size & MC0113fer location of this Gym drain line needs to be determined. The drain also stream needs rap4aring. /-F 7 The i3arn Assembly Circle gild borne: trs9dr.efl`,„>.ss;':�;?S�1%ik'iTM.;.�,�rrt"I?8.5C'::+'i�-'_.�;Y:�'1'Nfii::r.+."'.:r"�.�i#�+.:t page ] Kentucky Road dream Assembly Drive:_ Louisiana Road to Shenandoah Terrace Assembly Louisiana Road 4" (ranch drain creek [� driveway to Billy Graham's office 2' culvert across walking paih It is 892' from Louisiana Road to Shenandoah Terrace creek 5' culvert r cN`vC-r-t 18" culvert 2 - 36" culverts Assemt.X Drive aseek road 2' culvert across Flizaboth's path creek Shenandoah Terrace Fiie name: trkrf.cfl pgge 2 Assembly Drive: Tennessee Road to Louisiana Road Posl office parking Tennis Courts Tennessee Road Assembly Drive 24' culverl It is 1280' from Louisiana Road to Tennessee Rood 24" culvert P c� Louisiana Road Assembly Drive Frr.�+:r✓a:rs Texas Road Uallf eld Texas Road Extension File name:irkri.cfl <_ page;I Assernbiv Drive: Virainia Road to Shenandoah Terrace Assembly Drive 9 creek 2 36" culverts creek M eiL:r.. Shenandoah Terrace 8` french drain creek 24' culvert Pratt Park 24" culvert Virginia Road Kanawha Drive 24" culvert Assembly Drive is 20` wide of this point, it is 1 ,344' from Virginia Road to Shenandoah Terrace. 36" culvert Assembly Drive 4,a gravel road to well' 5 fileName: it rt.c Pop 3 Mississimpi Road: Virginia Road to Mecklenburg Circle :D It V Me 148 per House lme: msrd.cf) fag© 2 Mississippi Road: Mecklenburg Circle to Westminster Terrace Mississippi Road Westminster Terrace��p,, PP r is 700' from mirtster Terrace to cklenburg Circle Fife name: msrd.c(f paye 1 Mississippi Road':_Quill"an_Lone to Virginia Road "gf i • • • • • • • i • • • i • • • v • • r Mississixmi Road: Louisiana Road to Quillan Lane Louisiana Road Louisiana Road