The Swift Creek Land Management Plan in conjunction with the Water Supply Water Protection Program Rules have been in effect since 1993. If your potential site falls within this area and drains to Lake Benson, you will be subject to treat your impervious surface with a primary stormwater control measure (one that has credit for reducing 85% TSS). If your impervious surface does not exceed twelve (12%) percent of the pervious area after 1993, you do not need to provide a water quality stormwater control measure for 85% TSS removal. If you exceed twelve (12%) percent impervious surface of the pervious area at the site (including whatever area has been developed since 1993), you will be required to implement a primary stormwater control measure for 85% TSS removal.

Resources:

• NCDEQ Water Supply Water Protection Program

The Neuse Rules were originally implemented in 2001 and updated in 2023. Any impervious surface that predates the Neuse Rules is considered to be grandfathered in and you do not have to account for/treat it. Any impervious surface developed after May 1, 2023 will be subject to the Neuse nitrogen rules. Developers shall provide onsite SCM treatment if the cumulative built-upon-area (BUA) exceeds 24%. Nitrogen loading rate reductions from SCMs shall be determined through use of the SNAP tool most recently approved by NCDEQ. 

Resources:

• NCDEQ Neuse Nutrient Strategy
• Town of Garner Stormwater Program for Nitrogen Control 
• NCDEQ SNAP Tool - most recent version
• SNAP Tool User Manual

The Town of Garner also requires the developer to detain the 1, 10, 25 and sometimes 100 year (depending on location) storms with their implementation of new impervious surface unless it is shown that detaining water will negatively impact downstream areas. If the impervious surface added is equal to or less than 15% of the project site, then these rules may not apply.

The Town of Garner has a MS4 NPDES Phase II permit. This permit is similar to the Neuse Rules and includes site plan review, public education, illicit discharge detection and elimination stormwater controls, erosion control and pollution prevention are all parts of this permit.

Resources:

• NPDES Phase II website
• Town of Garner's MS4 Stormwater Management Plan

If any stormwater control measures are implemented with a development site, you will be required to provide an Operations and Maintenance Agreement along with a Memorandum of Agreement that is required to be recorded with the Wake County Register of Deeds prior to obtaining a Certificate of Occupancy (for commercial) or at Construction Drawing Review/Approval (for residential subdivisions). You will also be required to submit as-builts and certification at the close of the projects as well. Stormwater control measures are subject to an annual Town of Garner inspection by Engineering staff for function and compliance with the approved site plan.

Resources:

• Stormwater Requirements Map 
• SCM Design Manual
• SCM Credit document
• Memorandum of Agreement
• Operations and Maintenance Agreement 
• Stormwater Program Form & Watershed Development Permit - For all new and redevelopment plan submittals, please include the linked document with your submittal. 
• Town of Garner As-built Checklist - As-built Submittals for SCMs and Storm Drainage Systems

The NCDEQ 401 & Buffer Permitting branch is response for implementing the state's waters, wetlands and riparian buffer regulatory programs. This branch also assists with regulatory and compliance issues. 

Resources:

• 401 & Buffer Permitting Branch | NC DEQ