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HomeMy WebLinkAboutNCS000517_Sandy Point 2017 Final Permit_20170725STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000517 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Fund for Sandy Point North Carolina, LLC is hereby authorized to discharge stormwater from their separate storm sewer system located in: Chowan County to receiving waters, Albemarle Sound and unnamed tributaries to Albemarle Sound, within the Pasquotank River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof This permit shall become effective July 25, 2017. This permit and the authorization to discharge shall expire at midnight on July 24, 2025. Signed this day, July 25, 2017. O r4f 4 i S i, necL by M i cheat F. 1Za4' da for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR FSP ACTIVITIES AND OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: CONSTRUCTION, OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, The Fund for Sandy Point North Carolina, LLC ("Permittee" or "FSP"), is authorized to discharge stormwater from the separate storm sewer system to receiving waters, Albemarle Sound and unnamed tributaries to Albemarle Sound, within the Pasquotank River Basin. Such discharge will be controlled, limited and monitored in accordance with the Permittee's Phase II NPDES Stormwater Permit Application, specifically including the Stormwater Management Program Report, and any approved modifications thereto. The approach to stormwater management described in Permittee's application and report is hereafter referred to as the "Stormwater Plan." B. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. C. The issuance of this permit does not preclude the Permittee from complying with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. D. This permit covers activities associated with the discharge of stormwater from the separate storm sewer system within the Sandy Point Development (the Permittee's 930 -acre development in Chowan County, North Carolina, also hereafter referred to as the "Sandy Point") as constructed, operated and maintained in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "Stormwater Rules") and the approved Stormwater Plan, including specifications and other supporting data submitted, on file with and approved by the Division of Water Quality ("Division") and considered a part of this permit to control potential pollution from the separate storm sewer system. The permit applies to current and future development by the Permittee. Contemporaneously with the issuance of this permit, the Division has approved, pursuant to 15A NCAC 2H.1000, the first phase of the Sandy Point Development as defined in the Permittee's application. Project data for the first phase of development is included as Attachment A to this permit. All future phases of the Sandy Point shall require approval by the Division pursuant to 15A NCAC 2H.1000 but shall not require modifications to this NPDES permit. E. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The Permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. F. All provisions contained and referenced in the Stormwater Plan along with all provisions and approved modifications of the Stormwater Plan are incorporated by reference and are enforceable parts of this permit. G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable under State and local law, the permittee must develop and implement a Stormwater Plan in accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the Stormwater Plan is to describe the means that the permittee will use to comply with the permit and with the provisions of the Clean Water Act. Compliance with the six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute compliance with the Part I Page 1 of 3 PERMIT NO. NCS000517 Clean Water Act to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. H. The permit authorizes the point source discharge of stormwater runoff from the separate storm sewer system. In addition, discharges of non-stormwater are also authorized through the separate storm sewer system of the Permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality, which may include: • water line flushing; • landscape irrigation; • rising groundwater; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters; • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the Permittee's Stormwater Plan. I. Approved plans and specifications for Sandy Point are incorporated by reference and are enforceable parts of the permit. All stormwater collection and treatment systems must be in either dedicated common areas or recorded easements. The final plats for the Sandy Point will be recorded showing all such required common areas and easements, in accordance with approved plans. K. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative stormwater management features (such as swales) shown on the approved plans as part of the stormwater management system without the Permittee having submitted a revision to the permit and received approval from the Division. Part I Page 2 of 3 PERMIT NO. NCS000517 L. All references in this permit to "the public" and "the community" refer to residents of the Sandy Point Development, as well as persons working at or visiting the Sandy Point Development. Part I Page 3 of 3 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the separate storm sewer system to the maximum extent practical. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanisms, such as restrictive covenants, regulations, policies and procedures, to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of its legal mechanisms and will develop these mechanisms in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the separate storm sewer system is reduced to the maximum extent practicable. It is anticipated that to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the storm sewer system. 4. The permittee will implement provisions of the Stormwater Plan and the provisions of this permit to monitor and assess the performance of the various management measures. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 7. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts to the maximum extent practical. This program will include provisions for long-term operation and maintenance of SCMs. 8. Proposed permit modifications must be submitted to the Director for approval. Part II Page 1 of 8 PERMIT NO. NCS000517 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct outreach activities. (c) Raise awareness on the causes and impacts of stormwater pollution. (d) Inform the community on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program. BMP Measurable Goals (a) Goals and Objectives Defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. (b) Describe target pollutants The permittee shall maintain a description of the target and/or stressors pollutants and/or stressors and likely sources. (c) Describe target audiences The permittee shall identify, assess annually and update as necessary target audiences likely to have significant storm water impacts and why they were selected. (d) Describe residential and The permittee shall describe issues, such as pollutants, the likely industrial/commercial issues sources of those pollutants, impacts, and the physical attributes of stormwater runoff, in their education/outreach program. (e) Informational Web Site The permittee shall promote and maintain, an internet web site designed to convey the program's message. (f) Distribute public education The permittee shall distribute stormwater educational material to materials to identified target appropriate target groups. Instead of developing its own audiences and user groups. For materials, the permittee may rely on Public Education and example, schools, homeowners, Outreach materials supplied by the state, and/or other entities and/or businesses. through a cooperative agreement, as available, when implementing its own program. (g) Maintain Hotline/Help line The permittee shall promote and maintain a stormwater hotline/helpline. (h) Implement a Public Education The permittee's outreach program, including those elements and Outreach Program. implemented locally or through a cooperative agreement, shall include a combination of approaches designed to reach the target audiences. For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee shall estimate and record the extent of exposure. Part II Page 2 of 8 PERMIT NO. NCS000517 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation Provide opportunities for the community to participate in program development and implementation. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMP to meet the objectives of the Public Involvement and Participation Program. BMP Measurable Goals a. Volunteer community The permittee shall include and promote volunteer opportunities involvement program designed to promote ongoing public participation. b. Mechanism for Public The permittee shall provide and promote a mechanism for public involvement involvement that provides for input on stormwater issues and the stormwater program. c. Hotline/Help line The permittee shall promote and maintain a hotline/ helpline. Part II Page 3 of 8 PERMIT NO. NCS000517 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the separate storm sewer system. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the separate storm sewer system. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination Develop and implement within 6 months of occupancy of any residence and/or commercial building at Sandy Point an Illicit Discharge Detection and Elimination Program with the following BMPs: BMP Measurable Goals (a) Legal authorities Establish and maintain adequate legal authorities to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. (b) Storm Sewer and Identify location and specification for all stormwater conveyances in the Conveyance System Base as -built site plans. Continue to identify, locate, and update map of Map stormwater conveyances in the as -built site plans as new phases of development progress. (c) Illicit discharge detection Implement an inspection program to detect illicit discharge into the procedures stormwater conveyance system including the emergency overflow floodwaters. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. (d) Staff training Conduct training for staff on detecting and reporting illicit discharges. (e) Public education Inform the public of hazards associated with illegal discharges and improper disposal of waste. (f) Establish a public Establish and publicize a reporting mechanism for the public to report reporting mechanism illicit discharges. Part II Page 4 of 8 PERMIT NO. NCS000517 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the NCDENR Division of Land Resources (DLR) Sediment and Erosion Control Program to comply with this minimum measure. The NCDENR Division of Land Resources (DLR) Sediment and Erosion Control Program effectively meets the MEP standard for 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 as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The NCDENR Division of Land Resources (DLR) Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. 2. The NCGO10000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee shall 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. Part II Page 5 of 8 PERMIT NO. NCS000517 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the separate storm sewer system and disturbs an acre or more of land surface, including development /redevelopment of less than an acre that is part of a larger common plan of development. (b) Provide a mechanism to require long-term inspection and maintenance of Stormwater Control Measures (SCMs). (c) Ensure controls are in place to minimize water quality impacts. 2. State Stormwater Permit (a) FSP shall meet the requirements of the State's post -construction rules found in 15A NCAC 02H .1000 for construction projects. (b) FSP shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: i. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. ii. Project name change. iii. Transfer of ownership. iv. Redesign or addition to the approved amount of built -upon area or to the drainage area. V. Further subdivision, acquisition, lease or sale of all or part of the project area. vi. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 3. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. BMP Measurable Goals (a) Provide a mechanism to FSP shall implement a stormwater inspection and maintenance require long-term (SWIM) plan for the long-term operation of each required SCMs. operation and maintenance The inspection and maintenance plan shall require the owner of each of SCMs. SCMs to perform and maintain a record of annual inspections of each SCMs. Annual inspection of permitted SCMs shall be performed by a qualified professional. (b) Annual Maintenance Conduct and document annual inspections and maintenance of all Inspection of structural SCMs. Annual inspections and maintenance shall be performed by a BMPs qualified professional. Part II Page 6 of 8 PERMIT NO. NCS000517 BMP Measurable Goals (c) Deed restrictions and Deed restrictions and protective covenants are required by FSP to protective covenants ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (d) The design volume The design volume of SCMs shall account for the runoff at build out from all surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Part II Page 7 of 8 PERMIT NO. NCS000517 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR FSP ACTIVITIES AND OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for FSP Activities and Operations Prevent or reduce stormwater pollution from FSP activities and operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for FSP Activities and Operations Within 24 months of occupancy of any residence and/or commercial building at Sandy Point the permittee shall develop and implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program. BMP Measurable Goals (a) Develop an inspection Develop and implement an Inspection and Maintenance Plan. and maintenance program FSP shall annually review and amend as appropriate the Inspection and Maintenance Plan as additional development of FSP progresses. (b) Inspection and evaluation Develop and maintain an inventory of all facilities and operations owned of facilities, operations, and operated by the permittee with the potential for generating polluted and the separate storm stormwater runoff, including the storm sewer system. Inspect potential sewer system and SCMs. sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Inspection and Records of inspection and maintenance activities must be kept and made Maintenance Records available upon request to authorized personnel of DEQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. (d) Spill response procedures Develop and implement spill response procedures that will be implemented to minimize the risk to human health and the environment. (e) Training All stormwater maintenance staff must be trained to identify and remove pollutants including sediments from the storm sewer system. Provide specific training on pollution prevention and good housekeeping procedures developed for FSP activities and operations. Provide training on spill response procedures to appropriate staff. Part II Page 8 of 8 PERMIT NO. NCS000517 PART III PROGRAM ASSESSMENT A. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed, documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. B. Permittee will review and update the Stormwater Plan as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted within 30 days of the anniversary date of the effective date of the permit and cover the previous year's activities. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: 1. The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. 2. The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. 4. The permittee will include a summary of data accumulated pursuant to the Stormwater Plan throughout the year along with an assessment of the significance of the data in h& of the Stormwater Plan. 5. The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within the time frame specified in the notice, the permittee will submit a written plan and time schedule to the Director for modifying the site and/or the Stormwater Plan to meet the minimum requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. D. The Division may request additional reporting information as necessary to assess the progress and results of the Stormwater Plan. Part III Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. B. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (b) All applications, reports, or information submitted to DEQ shall be signed by FSP's chief executive officer or a duly authorized representative of FSP. A person is a duly authorized representative only if- (i) £ (i) The authorization is set forth in writing by the chief executive officer; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000517 C. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. E. Twenty-four Hour Reporting The permittee shall report to the DEMLR central office or the regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. F. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit. G. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan or for the entire Program. H. Planned Changes The permittee shall notify the Director of any planned modifications to the Stormwater Plan. Notice shall be given as soon as possible when deleting a provision of the approved Stormwater Plan; or where the modification could significantly change the timeframe for implementation of parts of the program or negatively influence the effectiveness of the approved program. Notice of any changes is required at least through the annual report. I. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying for this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000517 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $37,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000517 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 5 PERMIT NO. NCS000517 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. 11. Duty to Reapply The permittee is not authorized to discharge after the expiration date. To receive automatic authorization to discharge beyond the expiration date, the permittee shall submit a permit renewal application and fees as are required no later than 180 days prior to the expiration date of this permit. Any permittee that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a review of the Stormwater Program development and implementation over the life of this permit, the status of programs and a description of further program development to be implemented in the future permitting cycle. Part V Page 3 of 5 PERMIT NO. NCS000517 SECTION B: CONSTRUCTION, OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Construction a. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. b. Upon completion of construction of any phase of the development that has been approved by the Division, the permittee shall submit to the Division a certification from an appropriate designer for the installed phase of the stormwater management system certifying that such phase of the system has been installed in accordance with this permit and the Division's approval of such phase, including the approved plans and specifications, and other supporting documentation. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. C. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 2. Proper Operation and Maintenance a. The permittee shall properly operate and maintain all facilities and systems of treatment and control (and related appurtenances). b. If facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 3. Need to Halt or Reduce not a Defense It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the condition of this permit. Part V Page 4 of 5 PERMIT NO. NCS000517 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required pursuant to this permit, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. All test procedures must produce minimum detection and reporting levels, and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 5 of 5 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 21-1.0100; and North Carolina General Statute 143-215.1 et. al. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Part VI Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS000517 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay an administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 THIS PAGE INTENTIONALLY BLANK PERMIT NO. NCS00051 PART VIII DEFINITIONS Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 2. Built -upon Area "Built -upon area" or "BUA" has the same meaning as in General Statute 143-214.7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 5. Department Department means the North Carolina Department of Environment 6. Division or DEMLR The Division of Energy, Mineral, and Land Resources. 7. Director The Director of the Division of Energy, Mineral, and Land Resources. 8. EMC The North Carolina Environmental Management Commission. Part VIII Page 1 of 3 PERMIT NO. NCS00051 9. FSP The Fund for Sandy Point North Carolina, LLC 10. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Illicit Discharge Any discharge to a separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES separate storm sewer system permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 12. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Restrictive covenants, policies and other legal mechanisms that protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) education programs for developers and the public about minimizing water quality impacts; (3) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 13. Permittee The owner or operator issued this permit. 14. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 15. Public All references in this permit to "the public" and "the community" refer to residents of the Sandy Point Development, as well as persons working at or visiting the Sandy Point Development. 16. Redevelopment "Redevelopment" has the same meaning as in General Statute 143-214.7. Part VIII Page 2 of 3 PERMIT NO. NCS00051 17. Storm Sewer System Is a conveyance or system of conveyances which are designed or used to collect or convey stormwater runoff that is not part of a combined sewer system or treatment works. This can include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that convey stormwater runoff. 18. Stormwater Control Measures (SCM) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 19. Stormwater Management Program The term Stormwater Management Program (SWMP) refers to the stormwater management program that is required by the Phase I and Phase II regulations to be developed by MS4 permittees. 20. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 3 of 3