2025 2 18 Regular Session Packet 1

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(9) Channel means a natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
(10) Clearing refers to removal of vegetation and disturbance of soil prior to grading or
excavation in anticipation of construction activities. Clearing may also refer to wide area
land disturbance in anticipation of non-construction activities. Clearing, grading, and
excavation do not refer to clearing of vegetation along existing or new roadways,
highways, dams, or power lines for sight distance or other maintenance and/or safety
concerns, or cold planing, milling, and/or removal of concrete and/or bituminous asphalt
roadway pavement surfaces. The clearing of land for agricultural purposes is exempt
from federal stormwater NPDES permitting in accordance with Section 401(1)(1) of the
1987 Water Quality Act and state stormwater NPDES permitting in accordance with the
Tennessee Water Quality Control Act of 1977 (T.C.A. 69-3-101 et seq.).
(11) Commencement of construction: the initial disturbance of soils associated with
clearing, grading, excavating or other construction activities.
(12) Common plan of development or sale is broadly defined as any announcement or
documentation (including a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, computer design, etc.) or physical
demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating
construction activities may occur on a specific plot. A common plan of development or
sale identifies a situation in which multiple areas of disturbance are occurring on
contiguous areas. This applies because the activities may take place at different times, on
different schedules, by different operators.
(13) Control measure refers to any Best Management Practice (BMP) or other method
used to prevent or reduce the discharge of pollutants to waters of the state.
(14) CWA means the Clean Water Act of 1977 or the Federal Water Pollution Control
Act (33 U.S.C. 1251, et seq.)
(15) Design storm is a storm event as defined by Precipitation-Frequency Atlas of the
United States. Atlas 14. V olume 2. Version 3.0. U.S. Department of Commerce. National
Oceanic and Atmospheric Administration (NOAA), National Weather Service,
Hydrometeorological Design Studies Center, Silver Springs, Maryland or its digital
product equivalent.  The estimated design rainfall amounts, for any return period interval
(i.e., 1,-yr, 2-yr, 5-yr, 25-yr, etc.,) in terms of either  depths or intensities for any duration,
can be found by accessing the data available at
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html . The City of Athens requires
Stormwater Control Measures (SCM) to be designed to accommodate Design Storm
Events through the 100-year event; design storm depths/intensities shall be values
provided for TN Station ATHENS (40-0284).
(16) Discharge or di scharge of a pollutant refers to the addition of pollutants to waters
from a source, either point or non-point in nature.
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