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STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. � �S � CS b L( DOC TYPE El FINAL PERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑� COMPLIANCE ILI,dTHER DOC DATE ❑ � b / Q CD [S YYYYMMDD Helms lvlulliss & Wicker, PLLC Arrarrtcys (u Law Charlotte Raleigh Wlimingrun umeu,hntxv.eom HELMS MULLISS WICKER uj 704.3-13 ,2060 Fax 704.444.8739 henF1L`,}iuSCOri (( Iuri4v,COn1 June 8, 2007 Donald W. I_,aton Assistant Attorney( General State of North Carolina, Department of Justice 11. O. Box 629 Raleigh, NC 27602-0629 201 North Tryon 51rce1 Chaulolte, NC 28202 P.O. Box 31247 (2823 1 ) 704.3,13,2000 j 704.343.2300 RECEIVED JUN 12 2007 N.C. ATTORNEY GENERAL Environmental Division Re: City of Gastonia v. North Carolina Department of 17-nvironment and Natural Resources, Division of Water Quality — Final Settlement Agreement Client -Matter No. 4025352.000607 Dear Don: I have enclosed a copy of the fully executed Settlement Agreement in this matter. Thanks for vnur help in bringing this matter to a successful conclusion. I-11GIOSIlre C851328 Sincerely. 1-1F1.,MS MUC..LISS R. WICKER, 11L1,C i enne C. Hutson COPY OFFICE OF TIE ATTORNEY GENERAL DATE TRANSMITTAL SLIP +� TD: �- _ r G n FRO 40 17. Rg1. NO. 0 OR ROOM, 6LD. _ _ ACTION [NOTE AND FILE ❑ PER OUR CONVERSATION ❑ NOTE AND RETURN TO ME ❑ PER YOUR REQUEST ❑ RETURN WITH MORE DETAILS ❑ FOR YOUR APPROVAL ❑ NOTE AND SEE ME ABOUT THIS FOR YOUR INFORMATION ❑ PLEASE ANSWER ❑ FOR YOUR COMMENTS ❑ PREPARE REPLY FOR MY SIGNATURE [] SIGNATURE ❑ TAKE APPROPRIATE ACTION ❑ INVESTIGATE AND REPORT GOMMENTB: N DO O - /Wtu Aq""oiet STATE OF NORTH CAROLINA COUNTY OF GASTON CITY OF GASTONIA Petitioner, V. THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY Respondent. III' THE OFFICE OF ADMINISTRATIVE HEARINGS 05 EHR 1496 )FfNAL SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is made and entered into this % day of J'hni, 2007 by and between the North Carolina- Department of Environment and Natural Resources, Division of Water Quality ("-1NCDWQ"), and the City of Gastonia ("the City"), a municipality organized under the laws of the State of North Carolina, RECITALS 1. On August 25, 2005, NCD A'Q issued to the City National Pollutant Discharge Elimination System ("NPDES") Permit No. NCS 000429 to discharge stormwater ("the Pennit") . 2. On October 3, 2005 the City Filed a Petition for Contested Case (the `'Petition"), Case No. 05-I:I-IR-1496, contesting the Permit. 3. The parties desire to settle this matter and have agreed to enter into this Settlement Agreement. C790878.4 COPY STATEMENT QF AGREEMENT 4. Public Education Program. Part 1I Section B(2)(a) of the Permit shall be modified to read as follows: "Develop and implement a public education program with 12 months of the permit issue date. Incorporate outreach elements for all sectors of the community, including but not limited - to significant minority and disadvantaged communities." 5. Informational Website. Part 1I Section (B)(2)(b) of the Permit shall be modified to read as follows: "Utilize w<vN .cityofgastonia.com to promote public education about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. The existing stormwater information on www.cityofgastonia.com may be utilized to meet this public education requirement provided that educational material provided by D1 NR or the US EPA. is added to the information existing as of the date of this Settlement Agreement. The City shall also include educational material from environmental, public interest or trade organizations, or educational institutions, or other municipalities that it determines to -be accurate and appropriate for promoting public education about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. C790878.4 2 - . Educational information shall be updated periodically during the permit period and any renewed permit periods." 6. Post -Construction Site Runoff Controls Program Measures. Part II Section (F)(3)(b) of the Permit shall be modified to read as follows: "In order to fulfill the post -construction minimum measure program requirement 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, the permittee shall, within 24 months of the permit issue date, (1) use the Division's model ordinance, (ii) design its own post -construction practices based on the Division's guidance on scientific and engineering standards for best management practices (BMPs), (iii) incorporate the post- constniction model practices described in this Session Law 2006-246, or (iv) develop its"own comprehensive watershed plan that is determined by the Division to meet the post -construction stormwater management measure required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition)." Part II Section (F)(3)(d) of the permit shall be deleted. 7. Permit Modifications and Amendments. NCDWQ and the City will take all actions necessary to modify and/or amend the Permit in accordance with the terms of this Settlement Agreement. C i90878.4 .3 8. Waiver of Right to Administrative Hearin. The City expressly waives its right to an administrative hearing on the Petition. Within ten days of the full execution of this Settlement Agreement, the City will file with the Office of Administrative Hearings a withdrawal with prejudice of its Petition for a Contest Case Hearing. 9. Duty of Good Faith. The parties agree that this Settlement Agreement embodies their mutual agreement and agree to act in good faith consistently with this Settlement Agreement. The parties agree that this Settlement Agreement shall not alter the meaning of the Permit in any manner, or to any extent define, supplement, or conflict with the Permit, except for revision of the Permit's language specifically and expressly set forth and identified herciriabove by Part, Section, and Subsection designation. 10. Force Ma4eure. Any deadline or date of applicability in this Settlement Agreement shall be extended for the duration of any event of farce majeure, which shall mean any event arising from causes beyond the control of the party subject to the deadline or date of applicability that causes a delay in or prevents the performance of any of the conditions under this Settlement Agreement, including, but not limited to: a. acts of God, fire, war, insurrection, civil disturbance, explosion, or natural catastrophes; b. restraint by court order or order of public authority; inability to obtain, after the exercise of reasonable diligence and timely • submittal of all applicable applications, any necessary authorizations, approval, permits, or licenses due to action or Inaction of any governmental agency or authority; and delays caused by compliance with applicable statutes or regulations governing contracting, procurement or acquisition procedures, despite the exercise of reasonable diligence by the party subject to the deadline. 11. No Admission or Denial of Liability. By entering into this Settlement Agreement, none of the parties makes any admissions or denials of law or fact with regard to any of the matters relevant to any claims that were or could have been asserted in the Petition. 12. Modification. This Settlement Agreement may not be modified except in writing signed by all the parties. 13. Entire Agreement. The parties agree and acknowledge that this Settlement Agreement constitutes the agreement between the parties and that all prior or contemporaneous written or oral agreements with respect to these matters are merged into this Settlement Agreement. The parties agree that this Settlement Agreement shall not alter the meaning of the Permit in any manner, or to any extent define, supplement, or conflict with the Permit, except for revision of the Permit's language specifically and expressly set forth and identified hereinabove by Part, Section, and Subsection designatiozi. 14. Successors and Assigns. This Settlement Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 15. Choice of Law. This Settlement Agreement shall be governed by, construed in accordance with, and enforced pursuant to the laws of the State of North Carolina without resort to choice of law principles. C790878.4 5 � 1 I 16. Counterparts. This Settlement Agreement may be executed in counterparts, each of which shall be considered an original but all of which together shall constitute but one and the same instrument. This the 94 day of Su n e 200/ 7 FOR City of Gastonia Date: FOR NCDWQ a4A Date: Bradley Bennett C790878.a �,l,7f()� . , '. 16. Counterparts. This Settlement Agreement may be executed in counterparts, each of which shall be considered an original but all of which together shall constitute but one and the same instrument. This the day of 2006. FORity £ GPLston' � Date: 6-1-2007 Philip Bombardier, Interim Co -city Manager. FOR NCDWQ ]INSERT NAME] C790878.4 6 Date: I . 4 1 SPU City of Gastonia working file contents 10/27/05 KBP 1. 11/6/02 letter, Bennett to Danny Crew (City of Gastonia.) 2. 3/6/03 Gastonia permit application. 3. 3/11/03 acknowledgement letter, Bennett to Joseph Bieker (City of Gastonia.) 4. 9/28/04 xsmittal letter, Pickle to Bieker, with draft permit. 5. 10/18/04 email comments and marked up draft permit, Bieker to Pickle, Public Comment Document Control #203. 6. 10/20/04 signed staff report, Gleason at MRO. 7. 11/4/04 - 11/12/04 email exchange, Woolfolk (DWQ) and Pickle, Public Comment Document Control #204. 8. 11/8/04 letter, Pickle to Bieker, notice of public notice. 9. 11/8/04 draft permit working copy. 10. 11/9/04 invoice, public notice ad, and affidavit copies from the Gaston Gazette. 11. 11/9/04 public notice ad and affidavit from the Charlotte Observer. 12. 12/3/04 letter, Watkins (NC League of Municipalities) to Randall, general comments on all Phase II permits, Public Comment Document Control #205. 13. 12/10/04 email comments, Bieker to Pickle, Public Comment Document Control #206. Plus two additional working copies. 14.8/25/05 updated application review summary. 15.8/25/05 updated permit processing summary and public comments record. Plus one additional working copy. 16. 8/25/05 permit xsmittal letter, Klimek to Munn (City of Gastonia:) 17. 10/27/05 email exchange, Leach (AG) and Pickle. eop;es ./a7ef Lc�cl, _ /B , b'/2 s/os Ga signer Ga��, a I /✓ese"04Z9 DWQ Central Files NCSO0O429 file contents 10/27/05 ---- - KBP 1. 11/6/02 letter, Bennett to Crew. 2. 3/10/03 cash receipt journal record. 3. 3/11/03 acknowledgement letter, Bennett to Bieker. 4. 8/25/05 permit xsmittal letter, Klimek to Munn. 5. 8/25/05 signed permit. Total Maximum Daily Load for Fecal Coliform for Crowders Creek North Carolina and South Carolina Final Report June 2004 Approved July 1, 2004 - Catawba River -Basin - - Prepared by: NC Department of Environment and Natural Resources Division of Water Quality Water Quality Section 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 1Q �F NOr R0 a � Crowders Creek TMDL Final Report Summary Sheet Total Maximum Daily Load (TMDL) 1. 303(d) List Information State: North Carolina, South Carolina County: Gaston (NC), York (SC) Major River Basin: Catawba River Basin Watershed: Crowders Creels, HUC 3050101180010 303(d) Listed Waters (North Carolina) J one of Stieain� DcScirption .® Cl rss_ k''Ind�x # :� t 5uhb�sui� IVI�[eti '^'- -T-r.Jr y6 L:" w i. _2 ,rowders Creek SR 1108 to NC 321 C 11-135e 30837 1.4 .rowders Creek US 321 to SR 2424 C 11-135f 30837 1.4 ,rowders Creek SR 2424 to NC/SC line C 11-135g 30837 0.8 Constituent of Concern: Fecal Coliform Designated NC Uses: Biological integrity, propagation of aquatic life, secondary recreation Applicable Water Quality Standards for Class C Waters in NC: Fecal coliforms shall not exceed a geometric mean'of 200/100ml (membrane filter count) based upon at least five consecutive sample's examined during any 30 day period, nor exceed 400/ 100 ml in more than 20 percent of the samples examined during such period. 303(d) Listed -,Waters (South Carolina) N use of 5u`ear) �, SEatiun Desci rptroo G1as5 StationIntpaired C.ause TM ME I Crowders Creek At S-46 564 NE Clover Freshwater CW-023 REC FC Crowders Creek S-46-1104 Freshwater CW-024 REC FC South Fork At S-46-79 4.5 mi NW Clover Freshwater CW-192 REC FC Crowders Creek REC=recreation; FC=fecal culiforrn Constituent of Concern: Fecal Coliform Designated SC Uses: Primary and secondary contact recreation, a source for drinking water supply after conventional treatment in accordance with the requirements of SC, fishing and the survival and propagation of a balanced indigenous aquatic community of fauna and flora, and industrial and agricultural uses. Crowders Creel: TMDL. Final Report Applicable Water Quality Standards for Freshwater in SC: Not to exceed a geometric mean of 200/100 ml, based on five consecutive samples during any 30 day period; nor shall more than 10% of the total samples during any 30 day period exceed 400/100ml. 2. TMDL Development Development tools: WARMF model Critical condition:' Exceedances of the fecal coliform occur during both wet and dry conditions, and all seasons. The TMllL has been determined using a 5-year simulation (1998-2002) covering a wide range of hydrologic conditions. Seasonality: Seasonal variation in hydrology, climatic conditions, and watershed activities are represented through the use of a Continuous flow gage and the use of all readily available water quality data collected in the watershed. 3. Allocation Watershed/Stream Reach Crowders Creek Fecal Coliform TMDL Units per:dgv %rrReduction TMDL 12.21 El+ 11 NC Continuous WLA 8.27E+09 0% NC MS4 WLA 7.45E+10 79% NC LA I.15E3+1 l 79%n SC LA 2.36E+t0 79% Station CW-023 -- 79'7,, Station CW-024 -- 79"l0 Station CW-192 -- 79% ' CoMImlOUS paint sources must meet monthly geometric mean of 200 cfu/100m1 and cannot exceed 400 cfu/1001111 maximum. Total maximum daily load (']'M1)1-): 221E+11 units per day Waste load allocation (WLA): 8.287E+10 units per day Load allocation (LA): 1.384E+1 1 units per day Margin of Safety (applied to the water duality criteria): This'I'MDL utilizes an explicit margin of safety (MOS): the geometric mean target is set at 175 cfu/100ml (MOS = 25 cfu/100m1) and the instantancouS limit is set to 360 cfu/100m1 (MOS = 40 cfu/IOOmI). I Crowders Creek TMDL Final Report This TMDL is set at the confluence ol' Crowders Creek and Beaverdam Creek in SC. The TMDL applies to all impaired segments identified in (1). 4. Public Notice Date: 5/23/2004 5. Submittal Date: 6/ 10/2004 6. Establishment Date: 7/1/2004 7. Endangered Species (yes or blank): 8. EPA Lead on TMDL (EPA or blank): 9. TMDL Considers Point Source, Nonpoint Source, or both: both X. I Crowders Creck'INDL Final Report "TABLE OF CONTENTS ................................. Introduction........................................................................... .................. I 1.1 Watershed Description.....................................................................................................2 1.2 Water Quality Target......................................................................................................3 1.3 Water Quality Assessment..............................................................................................5 2 Source Assessment ................. ....... .......... .... ..................... .............. ....... ............. I— ............ I... 11 2.1 Point Source Assessment.............................................................................................. I 2.2 Non -Point Source Assessment...................................................................................... 12 2.2.1 Urban Development and Sewer Systems................................................................. t2 2.2.2 Septic Systems.......................................................................................................... 13 2.2.3 Livestock............................................................... . 14 2.2.4 Waste Application.................................................................................................... t5 2.2.5 Wildlil'e.................................................. ...................................................................15 3 Modeling Approach...............................................................................................................16 3.1.1 Model Framework....................................................................................................16 3.1.2 Model Setup............................................................................................................. 16 3.1.2.1 Observed Data Input........................................................................................ 17 3.1.2.2 Fecal Loading Initial Inputs .................. .................... .......... I ...... I—— ............... 18 3.1.2.3 Fecal Coliform Decay...................................................................................... 19 3.1.3 Calibration................................................................................................................20 3.1.3.1 Flow and Temperature.....................................................................................20 3.1.3.2 Fecal Coliform............................................................................... ...24 3.1.4 Model Output...........................................................................................................27 4 Allocation..............................................................................................................................28 4.1 Tolal Maximum Daily Load TMDIr..................................................28 4.2 Critical Conditions........................................................................................................29 4.3 Seasonal Variation........................................................................................................30 4A Model Uncertainty and Margin of Safety.....................................................................30 4.5 Allocation............................................................................... .......31 5 Implementation Plan..............................................................................................................33 6 Stream Monitoring..............................................................................33 7 Future Efforts........................................................................................................................33 8 Public Participation .......................... ............................................................................. I.., ... 134 9 Further Information ...............................................................................................................34 iv r Crowders Creek TMDL Final Report 10 References.............................................................................................................................35 11 Appendix...............................................................................................................................37 Appendix I. Water quality data collected in the Crowders Creek watershed (1997-2002)........... 38 Appendix I1. Land use by WARMF subwatershed based on 1993-1996 landcover in the Crowders Creek watershed ...... :................................................. ............................................ 43 Appendix 111. Calibrated soil layer parameters..............................................................................47 Appendix IV. Load allocation calculation for Kings Mountain..... ............................................... 49 Appendix V. Modeled fecal coliform loading scenarios...............................................................51 Appendix VI. Load allocation calculations for South Carolina portion of Crowders Creek . ....... 52 Appendix V11. Crowders Creek Fecal Coliform TMDL Allocation Worksheet ...........................54 Appendix VIII. Septic system loading estimates for the Crowders Creek watershed..................55 Appendix 1X. Affidavits of Publication for Public Notices..........................................................56 Appendix X. Comments on the Crowders Creek TMDL 58 v Crowders Creek TMDL TABLES Final Report Table 1. Monitoring locations in the Crowders Creek watershed....................................................6 `['able 2. Summary of fiscal coliform monitoring in the Crowders Creek watershed (1997-2002)... 6 Table 3. Potential sources of fecal coliform bacteria in watersheds ............................................. I 1 Table 4. Summary of septic usage in Crowder's Creek watershed (NC portion) based on data takenfrom Gordon(2003)..................................................................................................... 14 "fable 5. Septic data used in the WARMF model for Crowders Creek .......................................... 19 '[able 6. Livestock data used in the WARM.F model for Crowders Creek.... ..... ...................... ... 19 "fable 7. Precipitation weighting factors and temperature lapse for the Crowders Creek watershed. ...........................................................................................................................................21 Table S. Calibration statistics for temperature and flow in subwatershed l I...............................21 Table 9. Calibration statistics for fecal coliform (#I100m1) in subwatershed 1 I (downstream station)........................................................................... ...24 ..................................................... `!'able 10. Existing fecal coliform loading (1998-2002) by source in the Crowders Creek watershed............................................................................................................................... 27 Table 11. Total maximum daily load allocation for the Crowders Creek watershed (detailed in Appendix).............................................................................................................................. 31 Table 12. Relative fecal coliform loading rates in the Crowders Creek watershed .......................32 v1 Crowders Creek TMDL i Final Report FIGURES Figure 1. Location map for the Crowders Creek watershed.............................................................4 Figure 2. North Carolina monitoring stations within the Crowders Creek watershed. Numbered stations correspond to sites in Table 1.....................................................................................7 Figure 3. Fecal coliform concentrations at the NCDWQ ambient station for the period 1997 — 2002. A value>2000 from 1/8/98 is not shown.....................................................................8 Figure 4. Geometric mean fecal coliform concentrations in the Crowders Creek watershed. 2001. ................................................................................................................................................. 9 Figure 5. Load duration curve at the Crowders Creek NCDWQ ambient station for the period. 1998-2002..............................................................................................................................10 Figure 6. Load duration curve at the Crowders Creek station SR 2424 for the period, 2001-2002. ..............................................................................................................................................10 Figure 7. Crowders Creek watershed with subwatersheds (WS) as depicted in the WARMF model. Primary stations used for calibration have been labeled..........................................17 Figure 8. Observed vs. simulated temperature at the downstream calibration station in subwatershedI 1(R2=0.86)....................................................................................................22 Figure 9. Observed versus simulated temperature at the upstream calibration station in subwatershed5(R2=0.98)......................................................................................................22 Figure 10. Observed versus simulated flow at the downstream calibration station in subwatershed lI(R2=0.50)..........................................................................................................................23 Figure 11. Observed versus simulated flow at the upstream calibration station in subwatershed 5 (R2=0.43)................... ............................... .......................................................:...23 .................. Figure 12. Observed versus simulated fecal coliform at subwatershed 11 ...................................25 Figure 13. Observed versus simulated fecal coliform at SR 113 1 in subwatershed 5..................26 Figure 14. Rolling 30-day geometric means of observed fecal coliform at SR 2424 and simulated fecal coliform at the subwatershed l I outlet. .... ................................ ............................. 26 Figure l5. Results of TMDl- simulation for it rolling 30-day geometric mean for fecal coliform in theCrowders Creek watershed.............................................................................................29 vn Crowders Creek TMDL Final Report 1 Introduction Crowders Creek is currently on 303(d) lists of impaired waters in North Carolina (NC) and South Carolina (SC). The NC Division of Water Quality (NCDWQ) has identified a 3.6-mile segment of Crowders Creek in the Catawba River Basin as impaired by fecal coliform bacteria, stretching from state road (SR) 1 108 to the state line. The SC Department of Environmental Health and Control (SCDHI3C) considers the South fork Crowders Creek and Crowders Creek impaired due to elevated levels of fecal coliform bacteria in South Carolina. Section 303(d) of the Clean Water Act (CWA) requires states to develop a list. of waters not meeting water quality standards or which have impaired uses. `Phis list, referred to as the 303(d) list, is submitted biennially to the U.S. Environmental Protection Agency (EPA) for review. The 303(d) process requires that a `I otal Maximum Daily Load (TMDL) be developed for each of the waters appearing on Part I of the 303(d) list. The objective of a TMDL is to estimatc allowable pollutant loads and allocate the loads to known sources so that actions may be taken to restore the water to its intended uses (USEPA, 1991). Generally, the primary components of a TMDL, as identified by EPA (1991, 2000a) and the federal Advisory Committee (FACA, 1998) are as follows: Target identification or selection of pollutant(s) and end-point(s) fir consideration. The pollutant and end- point are generally'associated with measurable water quality related characteristics that indicate compliance With water quality standards. North Carolina indicates known pollutants on the 303(d) list. Source assessment. All sources that contribute to the impairment should be identified and loads quantified, where sufficient data exist. Reduction target. Estimation of the level of pollutant reduction needed to achieve water quality goal. The level of pollution should be characterized for the waterbody, highlighting how current conditions deviate from the target end -point. Generally, this component is identified through water quality modeling. Allocation of pollutant loads. Allocating pollutant control responsibility to the sources of impairment. The wasteload allocation portion of the TMDL accounts for the loads associated with existing and future point Crmvders Creek'I'MDL I Final Report sources. Similarly, the load allocation portion of the TMDL accounts for the loads associated with existing and future non -point sources, stormwater, and natural background. Margin of Safety. The margin of safety addresses uncertainties associated with pollutant loads, modeling techniques, and data collection. Per E:PA (2000a), the margin of safety may be expressed explicitly as unallocated assimilative capacity or implicitly due to conservative assumptions. Seasonal variation. The TMDL should consider seasonal variation in the pollutant loads and end -point. Variability can arise due to stream flows, temperatures, and exceptional events (e.g.. droughts, hurricanes). Critical Conditions. Critical conditions indicate the combination o>f environmental factors that result in just meeting the water quality criterion and have an acceptably low Frequency ol' cx;currence. Section 303(d) of the CWA and the Water Quality Planning and Management regulation (USEPA, 2000a) require EPA to review all TMULs for approval or disapproval. Once EPA approves a TMDL, then the waterbody may be moved to Category 4a of the Integrated Report. Waterbodies remain in Category 4a until compliance with water quality standards is achieved. Where conditions are not appropriate for the development ol' a TMDL, management strategies may still result in the restoration of water quality. The goal of the TMDL program is to restore designated uses to water bodies. 'Thus, the implementation of source controls throughout the watershed will be necessary to restore uses in Crowders Creek. Although an implementation plan is not included as part of this TMDL. reduction strategics for point and nonpoint sources will be needed. The involvement of iocal governments and agencies will be critical in order to develop implementation plans and reduction strategies. 1.1 Watershed Description Crowders Creek, a tributary to Lake Wylie (NCDWQ subbasin 030837) in the Catawba River Basin, drains 92.9 mi' at its confluence with Beaverdam Creek in South Carolina (Figure 1). Most of the NC portion of Crowders Creek is located within Gaston County in the piedmont physiographic region. A small portion is located in Cleveland County. Approximately 16% of the watershed area (excluding Beaverdam Creek) is located within South Carolina (York County). The watershed includes the municipalities of Gastonia, Kings Mountain and Bessemer City in NC, and Bowling Green in SC. 2 Crowders Creek `I'MDl- Final Report The land use and land cover characteristics of the watershed were determined using 1996 land cover data that were developed from 1993-94 LANDSAT satellite imagery (included within the WARMF model). Land use was 57% forest, 9%n pasture, I I%n cultivated, and 13% developed (low and high intensity residential, commercial/industrial). As reported by the USGS, the average flow of the creek below SR 2424 is approximately 91 cubic feet per second (cfs), with a summer 7Q10 of 6.7 cfs. The drainage area at this point is 79.4 eni'". The predominant soils are Cecil-Appling-Pacolet and Nason-Tatum associations, underlain by gneiss/schist/slate and schistose rocks, respectively. Surface water classifications are designations applied to surface water bodies that define the best uses to be protected within these waters (e.g., swimming, fishing, and drinking water supply) and carry with thern an associated set of water quality standards to protect those uses. Crowders Creek (and its tributaries) is classified as a class C waterbody in NC. The waters are protected for secondary recreation, fishing, wildlife, fish and aquatic lice propagation and survival, agriculture and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. South Carolina classifies Crowders Creek and its tributaries as Freshwaters. Freshwaters are suitable for primary and secondary contact recreation and as a source for drinking water supply after conventional treatment in accordance with the requirements of SC. In addition, the waters are suitable for fishing, the survival and propagation of a balanced indigenous aquatic community of fauna and flora, and industrial and agricultural uses. 1.2 Water Quality Target The North Carolina fresh water quality standard for fecal coliform in Class C waters ('1'15A: 0211.0211) states Organisms of the colifurni group: fecal coliforms shall not exceed a geometric mean of 200/100mi (membrane filter count) based upon at least five consecutive samples examined during any 30 day period, nor exceed 400/100 nil in more than 20 percent of the samples examined during such period', violations of the fecal coliform standard are expected during rainfall events and, in sonic cases, this violation is expected to be caused by uncontrollable nonpoint source pollution; all coliform concentrations are to be analyzed using the membrane filter technique unless high turbidity or Crowders Creek 1'MDL Final Report other adverse conditions necessitate the tube dilution method; in case of controversy over results, the MPN 5-tube dilution technique will he used as the reference method. South Carolina's standard For fecal coliform in Freshwater is: Not to exceed a geometric mean of 200/100 in], based on live consecutive samples during any 30-day period: nor shall more than 10% of the total samples during any 30-day period exceed 400/100ml. Figure 1. Location map for the Crowders Creek watershed. Crowders Creek TMDL 1 inai Report The instream numeric target, or endpoint, is the restoration objective associated with implementing the specified load reductions in the TMDL. The target allows for the evaluation of progress towards the goal of reaching water quality standards for the impaired stream by comparing the instream data to the target. For this TMDL the water quality target is South Carolina's standard: it is more stringent based on the portion relating to 10% of samples during 30 days versus a 20% allowance in NC. Both portions of the SC standard will be eVldtrated for TMD11 purposes. Note that the unit for fecal coliform bacteria is colony -forming units (cfu), but may also be referred to as "counts" or'T" throughout this assessment. 1.3 Water Quality Assessinent NCDWQ collects samples monthly at a fixed ambient monitoring station (C8660000) on Crowders Creek at Ridge Rd near Bowling Green, SC (Figure 2).1 In 2001. NCDWQ, the Gaston County Cooperative Extension Service, and the City of Gastonia agreed to conduct intensive surveys of water quality in the Crowders Creek watershed. Six locations were selected for intensive monitoring ('fable 1). Samples were collected weekly for six weeks in the spring and 10 weeks in the summer. As Such, eight running geometric means could be calculated using the data from this study. During 2002, NCDWQ conducted additional sampling of Crowders Creek to supplement 2001 sampling. Samples were collected at Blackwood Creek, Crowders Creek at SR 1108.. and Crowders Creek at SR 2424. A summary of all recent data is presented in Table 2. Sampling at the ambient station near the base of the watershed indicates that fecal coliform concentrations have been elevated for several years (Figure 3). Further sampling to evaluate the geometric mean fecal coliform standard Suggests elevated concentrations at a number of locations throughout the watershed including the upper portion at SR 1 131 and the southwest portion at SR 1 109 (Figure 4). The geometric means ol'9/4/2001 include a significant storm event that appears to have contributed to high concentrations. Blackwood Creek fecal coliform levels are consistently higher than other locations throughout the Study. "['his subwatershed contains primarily suburban development and many older south Gastonia neighborhoods. ' SCDf1EC also monitors fecal coliform bacteria in Crowders Creek at US 321 0.5 miles north of the NC/SC border (CW- 152) and at S-91-79 4.5 miles northwest ot' Clover (CW-192). SC's CW-024 is co -located with NC's ambient station. 5 Crowders Creek TMDL Final Report `fable 1. Monitoring locations in the Crowders Creek watershed. I Crowders Creek at Linwood Roar! (SRI 131) 2 Blackwood Creek at SR 1136 3 Crowders Creek at SR 1 108 4 South Crowders Creek at Crowders Creek Rd (SR l 103) 5 South Fork Crowders Creek at Ferguson Ridge Rd (SRI 109) 6 Crowders Creek at SR 2424 7 DWQ Ambient Station 'fable 2. Summary of fecal coliform monitoring in the Crowders Creek watershed (1997-2002). - - Si« Ptrwd : � NU-1 San s sNumbe arc rtc r th utNurnliir 40011cfu1100nih' � gre�rtc rihan� �OOcfii1100inLgcom � — . Crowders Creek at 2001 16 3 5 Linwood Road (SRI131) Blackwood Creek at SR 2001-2002 25 14 13 1136 Crowders Creek at SR 2001-2002 25 8 6 1108 South Crowders Creek at Crowders Creek Rd 2001 16 3 3 (SRI 103) South Fork Crowders Creek at Ferguson Ridge 2001 16 4 5 Rd (SR1109) Crowders Creek at SR 2001-2002 25 6 6 2424 Crowders Creek t997-2002 67 10 NCDWQ Ambient " Instantaneous fecal coliform measurements greater than 400efu/100rtnl n 30-day geometric mean of fecal coliform measurements greater than 200cfu1100nt1 based on at least 5 samples in 30 days. C Data collected nlontllly; insufficient f1'eClllerlCy to calculate a 30-day geometric nnean. Crowders Creel: TMDL Final Report If d �� � Gastonia '4 GASTON Gastonia 1 '' • 4 3 so, CrOWdws 3 S IkYJ O '41: ST kiCHU\S'S]f:Kti L-RK'AWI P Q South Car©lirta Legend Public roads P ES discharges • 0-0.1 MGD • 0.1 - 0.3 MGD 0.3 - 0.6 MGD 0 0.6 - 1.2 MGD • 1.2 - 6 MGD $ Ambient monitoring % Hydrography Municipality [� County bdry DMR monitoring Gastonia monitoring Figure 2. North Carolina monitoring stations within the Crowders Creek watershed. Numbered stations correspond to sites in Table 1. 7 I Y Crowders Creek'I'MDI_ Final Report 1800 1600 1400 1200 0 1000 T 800 600 400 200 0 m 7 R Crowders Creek NCDWQ Ambient Station rn T rn T T o C? 0 0 o a y, ?, _}. Z, T 7. 7 7 t4 M :3 C C C C C �6 �C CO M N Figure 3. Fecal coliform concentrations at the NCDWQ ambient station for the period 1997 -- 2002. A value >2000 from 118198 is not shown. A load duration curve analysis (Stiles 2002, Cleland 2002) was used to evaluate flow conditions under which the standard is violated and also help identify the sources contributing to impairment. Exceedances that occur curly during low -flow events are likely caused by continuous or point source discharges, which are generally dilated during storm events. Livestock deposits directly to the stream may also be noticeable during low flow events. Exceedances that occur during higher flow events are generally driven by storm - event runoff. A mixture of point and nonpoint sources may cause exceedances during normal flows. The load duration method plots observed data with flow. Data is available for only 2000 to present for a gage on Crowders Creek (USGS 02145642). Since it long historical flow series is recommended for use in Plow and load duration analyses, data from nearby gage was used: USGS 02144000 on Long Creek near Bessemer City. The Long Creek gage is in the neighboring watershed to the north of Crowders Creek and has a drainage area of 31.8 mi'. Daily flow data for the period from 1/1953 through 912002 was used to establish the historic flow regimes. Drainage area (DA) ratios were used to create flow series for the DWQ ambient station on Crowders Creek (DA = 88.9 tni) and the station at SR 2424 (DA = 79.4 mi). 8 Crowders Creek TMDL Final Report Geometric Mean Fecal Coliform Levels, 2001 Fecal coliform level, cfu/100mL 0 200 400 600 800 1000 1200 1400 1600 Crowders Creek at SR1131 Blackwood Creek at —71 SR1136 Crowders Creek- SR1108 South Crowders 03126/2001 Creek atSR1103 m 4/412 D01 ❑ 7/31 /2001 South Fork Crowders 0817/2001 Creek at SR1109 ■ 8/14/2001 ❑ 8/21 12001 Crowders Creek at SR2424 m8/28/2001 ❑9W2001 Figure 4. Geometric mean fecal coliform concentrations in the Crowders Creek watershed, 2001. Observed flow is plotted based on the percent of time that historic flows exceed the value oil the date collected. Once the relative rankings were CaICulated for flow, monitoring data were matched by date to compare observed water quality to the flow ranking. The curves approximate the allowable load that meets the water quality standard for fecal col iform (flow * standard; see Figure 5). In the Crowders Creek watershed, water quality violations of fecal coliform Occur during both wet and dry periods, and during most times of the year (Figures 5-6). All data points in Figures 5 and 6 are based on instantaneous samples.2 A greater number of exceedances occurred during April — October and in mid -range to drier flows. 2 ,,Ile geometric mean line is provided only as an additional reference; ge0n1etriC rrte;nl vaiues have not been plotted. 9 0 Crowders Creek TMDL Final Report 1.E-16 1.E•15 1.E•14 E 1.E•13 L O _ 1.E•12 O V 1.E 11 0 u o► LL 1.E•10 1.E«09 0 + 4 O >m 0 < O High Moist Mid Range pry Low Flows Conditions Flows Conditions Flows 10 20 30 40 50 60 70 80 90 100 Flow Duration Internal (7.) Gm.Mean - - -5 4e 4 M Data ♦ Apr-Gtt Figure 5. Load duration curve at the Crowders Creek NCDWQ ambient station for the period. 1998-2002. Z rFl, Moist MidRange Dryow Conditions Flows Conditions 0 10 20 30 40 50 50 70 80 Flow Duration Interval (%) Flows 90 100 Figure G. Load duration curve at the Crowders Creek station SR 2424 for the period, 2001-2002. Crowders Creek "TMDL Final Report 2 Source Assessment Both point and nonpoint sources may contribute Fecal coliform to waterbodies. In rural areas, stormwater runoff can transport fecal coliform from livestock operations, septic systems, and wildlife deposits. Sewer systems, pets, and wildlife are potential sources in urbanized areas (septic systems to a lesser extent). Wastewater treatment plants (W WTP), both municipal and package plants, are another source of fecal col i form. Potential sources of fecal coliform loading in the watershed were identified based on an evaluation of land use data, septic and sewer service areas, discharge monitoring data, and agricultural information. The source assessment was used as the basis for development of the watershed model and ultimate analysis of the 'TMDL allocations. 'fable 3 lists the potential human and animal sources of fecal coliform bacteria. Table 3, Potential sources of fecal coliform bacteria in watersheds. Source Orioiii Type Source'f t a Human Sources Sewered watershed Combined sewer overflows; Sanitary sewer overflows; leaking sanitary sewers Wastewater treatment plants (POTWs) Illegal sanitary connections to storm drains Illegal disposal to storm drains Non-Sewered watershed Sept icsystems Package WWT1' plants Non -human Sources Domestic animals and urban wildlife Dogs, cat, rats, raccoons, opossum, s uirrels, pigeons, waterfowl Livestock and rural wild] ife Beef and dairy cows, horses, poultry, swine, beaver, deer, waterfowl 2.1 Poi>it Source AssessnteW Point sources are regulated under the National Pollutant Discharge Elimination System (NPDES) and include continuous municipal and industrial sources and regulated stormwater (NPDES Phase I and 11). The major point source of fecal coliform in the Crowders Creek watershed is Gastonia's Crowders Creck Wastewater "Treatment Plant (NC0074268), which is currently permitted to discharge G MGD (see Figure 2 for location). 11 Crowders Creek TMDL Final Report There are no point sources, neither continuous or MS4 stormwater, within the South Carolina portion of the watershed (Giffin, 2003). Additional minor point sources discharging domestic waste include Berkley Oaks (NC0062278), CWS Saddlewood WWTP (NC0060755), Ridge Community WWTP (NC0069175) and Pines Mobile Home Park (NC007499), totaling approximately 0.07 MGD in permitted capacity. Facilities not listed are either inactive or contain waste streams lacking significant fecal coliform (e.g., some industrial process water). CBP Resources, a chicken processing plant, ceased its discharge to Crowders Creek in December 1998 by connecting to the Gastonia Crowders Creek WWTP. The Bessemer City WWTP (1.5 MGD; NC0020826) connected to the Crowders Creek WWTP in March 2002. Prior to this, the Bessemer City WWTP discharged into Abernathy Creek, a tributary to Crowders Creek. EPA requires that loads allocated to NPDES permitted stormwater be placed in the wasteload allocation (WLA), which had previously been reserved for continuous point source loads (Wayland, 2002). The three MS4 entities that are permitted through Phase II of the NPDES stormwater program in the Crowders Creek watershed are Gastonia (NCS000429), Bessemer City (NCS000412), and Gaston County (NCS000411). Their entire jurisdiction is covered under the permits. The NC Department of -Transportation also has a NPDES stormwater permit in this watershed (statewide_. Kings Mountain, with approximately 5.4 mi` of area in northwest corner of the watershed, is not currently regulated under the Phase 11 program. 2.2 Non -Point Source As.sessrnent Nonpoint sources of fecal coliform bacteria include those sources that cannot be identified as entering the waterbody at it specific location such as a NPDES permitted pipe or stormwater outfall. Diffuse sources of fecal coliform bacteria may originate from human and non -human sources (livestock, pets, wildlife). 2.2.1 Urban Development and Sewer Systems Developed land typically generates greater areal pollutant loads relative to rural land uses. Mallin et al. (2000) found a strong relationship between the percentage of watershed imperviousness and fecal coliform density. Higher amounts of impervious surface result in less opportunity for infiltration, increasing high flow 12 Crowders Creek'I'MID1_ Final Report volumes, peak Vows and velocities. The resultant stormwater runoff' carries with it waste from pets, wildlife, and other sources Sewer systems for GaStOni t (WQCSOOOI7) and Bessemer City (WQCSOO 107) may also contribute fecal coliform to waterways during overflows and as a result of other defects. Kings Mountain also has it collection system (WQCS 00036) and sends it portion of its waste to the Crowders Creek WWTP. Sewer pipes may become blocked, damaged, or flooded by stormwater. Sanitary sewer overflows (SSO) may occur clue to pump station failures caused by stormwater infiltration into the pipes through leaks. Sewer pipe. leaks may also contribute to elevated levels of fecal coliform during low flow periods via exfiltration. Between 1997 and 2002, there were six SSOs reported by Gastonia (collection system associated with the Crowders Creek W W`I'P), twenty by Bessemer City and three by Kings Mountain. Not all the SSOs in Bessemer City and Kings Mountain occurred within the Crowders Creek watershed. Site -specific information for fecal coliform loading from urban runoff in the Crowders Creek watershed was not available. However, studies from nearby Mecklenburg County can he used to provide initial estinurles of fecal loads. The USES calculated build-up and wash -off rates for developed land uses based on stormwater samples collected from 1993-1997 (Bales ct al., 1999). Fecal coliform rates of accumulation for light residential, heavy residential/industrial, and hcavy commerciai/industrial were 5.3 x 101,1 1 counts/haln o, 6.9 x 10^ I l countslh,1/mo, and 2.1 x 10^ ] l counts/ha/mo, respectively. 2.2.2 Septic Systems Failing septic systems are a potential source of fecal coliform to water bodies. Lack of maintenance and improper use can cause systems to fail, creating the potential for discharge to water bodies. A study by the NC Office Of' Budget and Management suggested that 1 1% of systems surveyed had mall'unctions or failures (NC DEFI, 2000). In Gaston County, the septic failure rate is thought to be near 4% (Gordon, 2003). Septic usage in the Catawba River Basin portion of Gaston County was approximately 4517o based on 1990 census (NC DEFI, 1999). The 2000 census did not collect information on sewage and septic. Since that time, the percentage may have decreased as more areas are developed and sewer service expands. Gordon (2003) analyzed septic usage in the Crowders Creek watershed using GIS layers of residential parcel data, census data, and utility customers to determine the number of septic tanks by subwatershed. It was assumed that all residential households that were not municipal utility customers relied on septic. Results of 13 Crowders Creek'I'MM- Final Report the analysis indicated that nearly 5,000 septic systems were in use within the NC portion of the watershed (Table 4). Resulting septic densities were extrapolated to SC by NCDWQ resulting in an estimated 18,710 people served by septic in the watershed. Table 4. Summary of septic usage in Crowder's Creek watershed (NC portion) based on data taken from Gordon (2003) Subw atershed Descrt non;°. = Sej tic S 'stenlL :Avg # = persons/s stem; x acres ter} Population servedz. __A_ .= Persons per ` riir^Z- North Crowders 857 2.78 13737 2363 110 Central Crowders 1115 2.95 9175 3290 229 Blackwood Creek 422 3.03 2202 1382 402 South Crowders 1119 12.79 110686 3023 181 Lower Crowders 1457 2.48 8792 13334 243 2.2.3 Livestock According to the NC Department of Agriculture's (2001) livestock population census, Gaston County has approximately 9,100 head of cattle. However, only a small portion is located within the Crowders Creek watershed. "There were relatively small amounts of other animal agriculture. Within the Crowders Creek watershed, there are no large concentrated animal operations. At NCDWQ's request, a livestock survey of the watershed was conducted by the Gaston County Cooperative Extension Service (Hudson, 2003). Estimates from the survey were approximately 160 beef cattle and 280 dairy cattle, located mostly in the southwest portion of the watershed. In addition, there are an estimated t50 horses. Waste produced by cattle that is deposited on pasture or directly into streams can be a significant source of fecal soli fcrrm. Beef cows, dairy cows and horses produce on average 1.06 x 10^ I I counts/day, 1.04 x 10^ 11 counts/day, and 4.2 x 10^8 counts/day, respectively (NCSU. 1994). A watershed survey in July 2003 by NCDWQ indicated that some of the cattle had access to strearns. The Gaston County Natural Resources Department estimates 30 to 50% of livestock within the watershed are permanently Fenced out of streams based on its implementation of cost share program funding for livestock exclusion and alternate water sources (Gordon. 2003). 14 Crowders Creek'I'MDL 2.2.4 Waste Application Final Report Cattle and horses that graze on pasture land deposit waste directly onto the land. Runot`f during storm events can transport fecal cotiform in the waste to water bodies, particularly when there is a lack of stream buffer or cattle have access to the buffer and stream. Confined dairy operations must properly apply manure collected in feedlots onto cropland or pastureland. Manure is applied to cropland in the Crowders Creek watershed, primarily during March, April, September and October. Biosolids application is permitted in the watershed for Gastonia (WQ0001793) and Bessemer City (WQ0002264). Sludge byproducts of the wastewater treatment process, which may contain fecal coliform, is applied to agricultural land at approved rates. Anaerobic digestion is used to reduce pathogens. NCDWQ records for 2002 indicated that 1,300 acres were permitted for Gastonia. Only a portion ol'this acreage is located within the watershed. The Crowders Creek WWTP plant produced approximately 804 dry tons of biosofids during 2002, accounting For approximately 22% of the total tonnage applied by Gastonia. '['here were no recent records of residuals application under the Bessemer City permit since it connected to Gastonia. 2.2.5 Wildlife Wildlife deposit fecal -containing waste throughout the landscape, but likely deposit more heavily in rural and forested areas where populations are larger. Loadings from wildlife cure a background source. Population estimates for many types of wildlife are not available. The deer population is estimated to be 20 to 30 animals per square mile (NC DWQ, 2002). An upper limit of 30 was chosen to account for other wildlife. Fecal loading rates for deer have been estimated at 5.0 x 10^8 Wanimallday (US El'A, 2000c). 15 Crowders Creek TMDL Final Report 3 Modeling Approach 3.1.1 Model Framework Due to the watershed size and variable sources of fecal coliform, the watershed model Watershed Analysis Risk Management Framework (WARMF) was selected to evaluate fecal coliform in the Crowders Creek watershed. WARMF is a decision support system designed to support the watershed approach and TMDL calculations. The model has been applied to watershed regions in the USA and Taiwan (Systech Engineering, 2001). WARMF contains several embedded models adapted from the ILWAS model, ANSWERS. SWMM, and WASP. The model simulates hydrology and water quality for the landscape of a river basin. WARMF divides it watershed into land catchments, river segments, and reservoirs and uses the continuously stirred tank reactor (CSTR) model for flow routing and mass balance within a given soil layer or river segment. Simulated parameters include flow, temperature, water depth and velocity, and constituent concentrations. In the case of fecal coliform bacteria, the model simulates the deposition and transportation of the bacteria from land surface loading and point source discharge. The model then computes the resulting water quality response instream using first order kinetics. "The model also includes it facility for calculating TMDLs for non -point source loads under different control levels of point source loads and vice versa. 3.1.2 Model Setup The Crowder-, Creek watershed is represented as eleven catchments within the model (Figure 7). The Beaverdam Creek tributary to Crowders Creek located in South Carolina is not modeled in this project. The confluence of these two creeks is located downstream of DWQ's ambient station. A 'TMDL for fecal coliform in the Beaverdam Creek watershed has been prepared and approved for South Carolina. Both point and nonpoint sources are represented in the water quality model. The model was run for it continuous simulation period of January 1. 1998 through December 31, 2002. 16 Crowders Crcck TMDL Final Report Figure 7. Crowders Creek watershed with subwatersheds (WS) as depicted in the WARMF model. Primary stations used liar calibration have been Libeled. 3.1.2.1 Observed Data Input Water quality data collected at the NCDWQ ambient station located in subwatershed (WS) 1 I and the station at SR 1131 in WS 5 were used as primary calibration points (Figure 7). Other data stations supplemented the calibration process. Since there are no meteorological data stations located within the watershed, meteorological data collected at nearby Long Creek, located immediately north of the Crowders Creek watershed, were associated with WS 1-4..The other subwatersheds were associated with data collected at Gastonia to the east (NCDC station 313356). Precipitation and temperature lapse factors were applied during the calibration process. 17 Crowders Creek TMDL Final Report Flow data from Long Creek, adjusted for drainage area and the Bessemer City WWTP, was associated with the upper portion of t17e watershed. Data from it station on Crowders Creek (USGS 02145642) that is co - located with the ambient station was used for the lower part of the watershed. Flow data at the Crowders Creek USGS station was only available for October 2000 to present. Since flow data for a 5-year period (1998 — 2002) was needed, a regression between Crowders Creek and Long Creek was used to fill in the missing values (Crowders Flow = 2.4513*Long Creek Flow + 12.889; R' = 0.88). Finally, a DA ratio was used to adjust upward the Crowders Creek flow to represent the remaining portion of the watershed (to the confluence with Beaverdam Creek). 3.1.22 Fecal Loading Initial Inputs Initial values for fecal loading (kg/ha/mo) by land use and by subwatershed were input into the model. In addition, fecal loading based on discharge monitoring data from the two primary point sources, the Crowders Creek WWTP and Bessemer City WWTP, were input into the model. The initial fecal coliform rates of accumulation for light residential, heavy residential/industrial. and heavy coin rnercial/industrial are from Bales et al. (1999). An initial background loading of' t.8x 1019 Wha/mo was applied to forested land uses to account for wildlife. The population served by septic was input to the model according to Table 5. These figures were obtained from some of the previous analysis discussed in Section 2.2.2. A failure rate of 4% based on Gaston County dala is used. Septic loading assumes 265 Ucap/day and a fecal coliform concentration of 10.000 cfu/100m1 for the load associated with failure (Horsley and Whitten, I996). Livestock loading of fecal coliform was input into the model using estimated livestock numbers (Table 6) and Decal production based on NCSU (1994). Loading was generally associated with pasture. Additional loading associated with dairy manure application to cultivated land was incorporated during March/April and September/October in subwatersheds 4 and 6. Loading is also associated with direct deposit when livestock have access to streams. Initially, the model assumed that 40% of livestock were excluded frorn streams (increased to 70% during calibration). 18 Crowders Creek'I'MDL Final Report 'fable 5. Septic data used in the WARMF model For Crowders Creek. Siibwaleislted Seitic o iulritrcinlrm^" �I..... 1? t - .,_ _ ` ArcitI(ini2) " Scpiic populatiEm I Ho 9.6 1056 2 110 6.3 693 3 181 1 L5 2082 4 181 12.5 2263 5 247 * 21.3 5261 6 229 3.2 733 7 181 4.4 796 8 229 1.2 275 9 243 7.3 1774 10 229 0.9 206 11 243 14.7 3572 * Average of North and Central Crowders, and Blacicwoud Creek subwatersheds in Gordon (2003). "fable 6. LivcstOck data used in the WARMF model For Crowders Creek. lubw uutihcd" ' '? Pa�hi'e rlrca fha Ii�timatecirNurnbci nt Anin�als ti + dairy beef 111orses 1 168.35 0 0 0 2 88.06 0 0 0 3 155.4 0 50 50 4 577,57 200 50 50 5 235.69 0 0 0 6 41.44 80 0 0 7 238.28 0 40 50 8 25.9 0 0 0 9 248,64 0 20 0 10 69.93 0 0 0 11 367,78 0 0 0 3.1,2.3 fecal Coliform Decay Fecal coliform bacteria produced in a watershed are subject to die -cuff in the soil and water environment. Factors that influence their survival include sunlight, temperature, moisture conditions, salinity, soil conditions, waterbody conditions, settling, and association with particles (USFIPA, 2001). For example, bacteria survival decreases as temperature increases. 19 Crowders Creek TMD, Final Report Decomposition of fecal coliform in the soil was initially set at 027 day-' based on the median value for the soil environment in Crane and Moore (1986). The initial value of coliform decay in stream was set at 1.0 day-' based on the median value of the data in Bowie et al. (1985). 3.1.3 Calibration Calibration of a dynamic loading model involves both hydrologic and water quality components. First, the model must be calibrated to represent I'low and temperature in the watershed. Next, water quality simulations and calibration can be performed. The hydrologic calibration involves comparison of simulated streamtlows to observed stream low data. Simulated streantflows are generated from input and adjustment of model parameters, including meteorological, physical and hydrologic response. Parameters are adjusted within defensible ranges until ,in acceptable agreement is achieved between simulated and observed results. The ambient station, located in WS 11, and the station at SR 1 131 in WS 5 were used as primary calibration points. Qualitative (seasonal trends, magnitude and timing of peaks) and quantitative (calibration statistics) measures were used to evaluate calibration. 3.1.3.1 Flow and `temperature Precipitation weighting factors and temperature lapse were applied by subwatershed during the calibration process to improve the relationship between observed and simulated values (`table 7). Precipitation weighting factors are multipliers applied to the precipitation in the meteorological file to account for local variations in precipitation amount from orographic effects (varies from 1, unitfess). Average temperature lapse is the average amount subtracted from the temperature in the meteorological file to account for regional variations in temperature from orographic effects. A positive value indicates that the catchment is cooler than its meteorological station (varies from 0, degrees Q. The parameters associated with soil layers were also adjusted to represent hydrologic response. Four soil layers are simulated in WARMF with saturated lower layers generally providing baseflow and the upper layers providing stormflow. Thicker soil layers with lower horizontal conductivity tended to provide greater baseflow, while thinner layers with higher conductivity often resulted in sharper peaks. The final calibrated parameters are presented in Appendix Ill. 20 Crowders Creek "INDL Final Report "fable 7. Precipitation weighting factors and temperature lapse for the Crowders Creek watershed. Suhwatershcd ' Metcorolorical • St ilr(in Average �5 1elliperature .°",F La Esc :y `i P�rjecipttanon Wet hung ` rktor i t, r l Long; Creek 1.4 1.05 2 Long Creek 1.4 1.05 3 Long Creek 1.4 1.15 4 Long Creek 1.4 1.20 5 Gastonia 1.25 1.10 6 Gastonia 1.25 1.10 7 Gastonia 1.25 1.15 8 Gastonia 1.25 1.10 9 Gastonia 1.25 1.10 10 Gastonia L25 1.10 II lGaslollia 1.25 L10 The time series ol' simulated versus observed temperature and flow are presented in Figures 8 thrc:rtrgh 11. "There were only 16 observed temperature values for the upstream station (Figure 9). Calibration statistics For the downstream station. which is located upstream of the outlet, are presented in Table 8. R' is the square of the correlation coefficient between simulated results and observed data over all time steps For which both exist. A perfect correlation has it value of 1. Relative Error is the average of all errors (difference between simulated and observed values) over all lime steps for which it can be calculated. It is a measure of model accuracy. Absolute Error. a measure of model precision, is the average of the absolute value of all errors over all tirne steps for which it can be calculated. Unlike relative error, overpredictions and underpredictions do not cancel each other out with ❑bsOlute error. RMS Error is the root -mean -square error, which is the Square root of the average of the squares of all errors over all tirne steps for which it can be calculated. This magnifies the effect of larger than average errors. `fable S. Calibration statistics for temperature and flow in subwatershed 1 I. FlisrJ'(yrttti) ;..:i�- .'Teri )crature`(°C) a� Simulated Mean L78 15.92 Observed Mean 1.76 15.71 Simulated Range 0.38 to 26.87 2.06 to 27.72 Observed IZaur ge 0.12 to 43.30 4.00 to 25.00 Relative Error 0.02 0.49 Absolute I-rror 0.76 2.15 RMS I-rror 2.07 2.65 R 0.50 0.86 21 � fat Crowders Creek'CMDL F; �lY 40 35 U 30 tlNY i � 25 v 7 20 01 t1 15 rE m H 10 5 Final Report A Observed Temperature 4_ n r sY —Simulated Temperature (Downslream) r �o x 1 F r e 9 ' 9 a q- _a 7 : na a a x p' r i. G r t --'i' = r• y av s, a i$ n a 6 t,rs-'_x�k p " y k -_._ 'i-T c "k•.c 6 ;,•°r..�'cLr- '£"Za r.w'�., '" �,z. »a '� �" f rn tin Jan- Apr- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- 98 98 98 98 98 99 99 99 99 00 00 00 00 01 01 01 01 02 02 02 02 Figure 8. Observed vs. simulated temperature at the downstream calibration station in subwatershed 1 I (R'=0.8G). 40 35 U 30 N 61 (r 6 25 d) 20 ry °- 15 d 1- 10 5 .. :W. - -- A Observed Temperature Simulated Temperature (Upstream) u i - t ! __ _ - F^ y� lip G Rw k = - 0 Jan- Apr- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- DBC- 9a 98 98 98 98 99 99 99 99 00 00 00 00 01 01 e1 01 02 02 02 02 Figure 9. Observed versus simulated temperature at the upstream calibration station in subwatershed 5 (R2=0.98). 22 Crowders Creek'i'MDL 40 35 30 N 25 E 20 O w 15 1a 5 Final Report n n, e e Observed Flow A n A —Flow Calibration (Downstream) 4 't; n j�e Q en n o e n e e mNQ°. G iA46 n e #I n e o fA A {1 Q A n A n��,��pp A n. 1A A�rQQrni _ t Qe,� n.tAt .A� e. -AR ke 0 Jan- Apr- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- 98 98 98 98 98 99 99 99 99 00 00 00 00 01 01 01 01 02 02 02 02 Figure 10. Observed versus simulated flow at the downstream calibration station in Subwatershed 11 (R2=0.50). LU 113 16 14 y 12 E U 10 O LL 8 6 4 2 a e r A • n 7Ob..,,..,Id —a e Flow bration (upstream) e n Q. n is A �n A n nA 1 nll ° ° Q1 oil W arA Jan- Apr- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- 9B 98 98 98 98 99 99 99 99 00 00 00 00 01 01 01 01 02 02 02 02 Figure 11. Observed versus Simulated Flow at the upstream calibration station in subwatershed 5 (R2=0.43). 23 f'P 6 ., Crowders Creek "1'MDL Final Report 3.1.3.2 Fecal Coliform Fecal coliform loading rates by land use adjusted during calibration are associated with "land application" in the WARMF model. Forested land uses were reduced to 500 E6 #Iha. Pasture rates ranged from 10,000 to 30,000 E6 #Iha for the populated subwatersheds (WS) in 'fable 6. In WS 4 and 6, cultivated land received 1800 and 2000 E6 #Iha, respectively during March, April, October, and September due to dairy manure application. Finally, low intensity, high intensity, and commercial/industrial development received 25,000, 30,000, and 15,000 E6 #Iha. respectively. The fraction of impervious surface associated with each of these land uses was 0.3, 0.651, and 0.75, respectively. Final calibrated decay rates for fecal coliforin were 0.35 day- 1 in the soil environment and 09 day-1 in the.stream. Calibration statistics for instream fecal coliform are presented in Table 9. While R' is a measure of the model's ability to predict trends in the data, is often not very useful when there is a large amount of scatter in observed data. For example, the overall R' for the complete fecal coliform time series is 0.02. However, individual statistics by year may be more insightful with values of 0.16, 0.86, 0.08, 0.56, and 0.55 for 1998 through 2002. indicating improvement in prediction in the last two years. The time series of observed versus simulated fecal coliform at subwatershed I I is presented in Figure 12. The capture of patterns is reasonable, although not all values are predicted well. At SR 1 t31 in subwatershed 5, fecal coliform data was only available for 2001. which limits the comparison (Figure 13). Table 9. Calibration statistics for fecal coliform (#/100m1) in subwatershed I I (downstream station). Mean 376.1 515.9 Milli iuni 45.44 l8 Maximum 3695 4200 # of pts to compare 67 Relative Error -156.8 Absolute 1 rr(ll' 459.9 RMS Error 967.8 A rolling 30-day geometric mean of observed fecal coliform at SR 2424 and simulated fecal coliform at the subwatershed I I outlet also suggests that the pattern is tracked, but with a few discrepancies (Figure 14). 24 Crowders Creek TM17L Final Report This observed station is near the state line, upstream from the point where simulated results are provided (Figure 7). A 30-day geometric mean is determined by calculating the geometric mean of an individual day's fecal concentration and the daily predictions for the 29 days that precede it. The rolling aspect is achieved by moving to the next day and performing the same calculation. It is important to note that in addition to the inherent difficulty in predicting fecai coliform, both sets of observed data are from points upstream of the WS outlet where the simulated results are given. This may account for some of the differences in modeled and observed values. Land based inputs as weil as instream decay are expected between the station and the watershed outlet. 10000 a Observed at Ambient Station —Simulated at Watershed Outlet a 1000 o_ u E D O 2 m V N LL 100 10 Jan- Apr- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- 98 98 98 98 98 99 99 99 99 00 00 00 00 01 01 D1 01 02 02 02 02 Figure 12. Observed versus simulated fecal coliforin at subwatershed 11. 25 Crowders Creek TMDL 100000 10000 1000 J E # 100 U m 10 t� 1 Ja 0.1 Final Report .' 3" a Observed at SR 1131 —Simulated at WS 5 Oullel _" _ Awe A»f TE ° °a a cF. l e L t 01 A r 01 r = Jun 01 Se 01 p Dec .'.�s-,M'^ Figure 13. Observed versus simulated Fecal coliform at SR 1 131 in subwatershed 5. 10000 10 Crowder's Creek Watershed Rolling 30-day Geometric Mean 11 .;W.._: - - '-- 8 - - _ - 7 -- - —Simulated 0 Watershed putlat mm kn . Observed at SR 2424 - -- - - _- --x - -- ----- -- - - -- s NA- - --,- - - - _ -- - - i -------- _ - __ - ------- = 4. a s ....':... ..rt'•:s f rii -�: ix� Las ..:,.: r-...c....e'""a--?'. ^c..£..w...x..�. Jan-01 Apr-01 Jun-01 Sep-01 Dec-01 Mar-02 Jun-02 Sep-02 Dec-02 Figure 14. Rolling 30-day geometric means of observed fecal coliform at SR 2424 and simulated fecal coliform at the subwatershed I I outlet. 20 t Crowders Creek TMDL 3.1.4 Model Output Final Report Existing fecal coliform loading (1998-2002) predicted by the calibrated model is given in Table 10. Urban land uses contributed 62% of the fecal loading and had the highest loading per unit area. Livestock agriculture generated the second most fecal loading. Background loading associated with wildlife in forested land uses was greater than both septic and point sources. Table 10. Existing fecal coliform loading (1998-2002) by source in the Crowders Creek watershed. ° ` 5iini6t&l Land' 6 rsetl Load HE6/d_) Percent. Lodding:per ;:< unrt 11"611ra. Deciduous Forest 29.100 3 1,260 Evergreen Forest 18,100 2 1,720 Mixed Forest 12,400 1 1,890 Pasture 284,000 28 46,700 Cultivated 14,300 t 1,760 Recr. Grasses 817 0 1,000 Water, 270 0 1,400 Barren 300 0 678 Low Int. Develop. 304,000 30 54,700 Fligh lot. Develop. 155,000 15 121,000 Comm / Industrial 179,000 17 66,600 Wetlands 0 0 0 "Type I Septic System 6,670 1 -- Type 2 Septic System 0 0 -- Type 3 Septic System 2,780 0 General Point Sources 25,300 2 -- TOTAL 1.030.000 100 -- ' WARMF accepts inputs for 3 types of septic systems: standard, advanced, and failing. 27 k, Crowders Creek TMDL Final Report 4 Allocation 4.1 Total Maximum Daily Load (TMDL) A Total Maximum Daily Load is the maximum amount of a pollutant that a water body can receive and still meet water quality standards, partitioned among point and nonpoint sources. A TMDL is comprised of the sum of wasteload allocations (WLA) for point sources, load allocations (LA) for nonpoint sources, and a margin of safety (MOS), expressed by the equation: TMDL = E WLA + Z LA + MOS The objectives of the TMDL are to estimate allowable pollutant loads, and to allocate them among the general pollutant sources in the watershed. 40 CFR § 130.2 (1) states that TMDLs can be expressed in terms of mass per time (e.g. pounds per day), toxicity, or other appropriate measures. This TMDL will be expressed in terms of % load reduction and allowable load of Fecal coliform. It will be set at the outlet of the modeled watershed, the confluence Of Crowders Creek and Beaverdam Creek in South Carolina. Two separate model runs were performed to evaluate the fecal coli form standards: a geometric mean standard (200 cfu/100ml) and South Carolina's instantaneous standard discussed in Section 1.2. The WARMF model provides a facility in the TMDL module to evaluate each of these directly with a margin of safety. Initially, since total existing loading for the point sources was below their allowable load would indicate, the model was run with existing point source loading and reductions were applied to nonpoint sources only. However, these initial runs indicated that a TMDL could not be calculated because the fecal standard could not be met even at zero nonpoint loading. This was due to several observed values in the point source data file above 400 C'u/100m1. Therefore, the file was adjusted so that all values fell below 400. Simulations were then run for the two standard evaluations. In order to meet SC's instantaneous standard, a 61 %n reduction would be needed in total loading versus a 79% reduction needed to meet the geometric mean standard (Figure 15). The higher percentage was chosen since both standards must be met. 28 Crowders Creek TNIDL Final Report The fecal coliform geometric mean reductions were used to develop the TMDl_ loading;. Further analysis - was required to determine the breakdown between point source (WLA) and nonpoint. source (LA) loadings that meet the TMDL objectives. 10000 - Crowder's Creek Watershed Rolling 30-Day Geometric Mean Fecal Colliorm Concentration (1998-2002) -------------------------------------------------------------------- --------- ---------------------------------------------------------- --------------------------------------------------------------_---- -------------------------------- - - - - -- —Simulated Fecal Colitorm --------------------------------------- —Standard w/ MOS (175 cfu/100mi) —TMDL ------------------------------------------------------------------- ----------------- in - Jan- Apr- Jun- $ep- Dec- Mar- Jun- Sep- Dec- Mar- Jun- Sep- DeC- Mar- Jun- Sep- Dec- Mar- Jun- Sep- Dec- 98 98 98 98 98 99 99 99 99 00 00 00 00 01 01 01 01 02 02 02 02 Figure 15. Results of TIVIDL simulation fora rolling 30-day geometric mean for fecal coliform in the Crowders Creek watershed. 4.2 Critical Conditions Critical conditions can be considered a subset of seasonality: the most stringent of the seasons. In the Crowders Creek watershed, water quality violations of fecal coliform appear to occur during both wet and dry periods (Figure 5 and 6). Recent ambient data collected in the Crowders Creek watershed indicate observed exceedances may occur during all times of the year, with the four highest values ifs- August/September and December/January (Figure 3). The three highest simulated geometric means occurred in January (Figure 15). However, a greater number of observed exceedances occurred during April — October and in mid -range to drier flows (Figures 5 and 6). The TMDL has been set such that the standard is met during all times of the modeled period (1998-2002). 29 Crowders Creek TMDL Final Report 4.3 .Seasonal Variation Seasonal variation is considered in the development of the TN4DL because the allocation applies to all seasons. Seasonal variation in hydrology, climatic conditions, and watershed activities are represented through the use of a continuous flow gage and the use of all readily available water quality data collected in the watershed. A wide range of flow conditions is modeled for this TMDL, demonstrated by the interannual variation in hydrology seen in Figure 5. 4.4 Model Uncertainty and.Margin of Safety The lack of agreement between modeled and observed fecal coliform concentrations is due in part to the high degree of uncertainty associated with predicting fecal coliform bacteria. The inability to accurately predict specific observed fecal coliform concentrations can be attributed to many sources: model error, lack of sufficient information in source assessment, gaps in our scientific knowledge, natural variability in instream fecal coliforni concentrations, field and laboratory measurement error, and lack of current site specific model input parameters including decay rate, flow, rainfall data, and land use information. The watershed model used in this project estimates daily average fecal coliform concentrations based on land use information. Because of certain lack of site -specific information, professional judgment and literature values were Sometimes used to calculate the fecal coliform loading from the various land uses. In sum, the model results Should be interpreted in light of the model limitations and prediction uncertainty. The margin of safety is an additional factor of the TMDL that accounts for some of the uncertainty in the relationship between pollutant loads and receiving water quality. This margin of safety can be provided implicitly through conservative analytical assumptions and/or explicitly by reserving a portion of the load capacity. This TMDL utilizes an explicit margin of safety (MOS): the geometric mean target is set at 175 cl'u/100m1 (MOS = 25 cfu/100m1) and the instantaneous limit is set to 360 cfu/100m1 (MOS =40 cftt/1001nl). 30 Crowders Creek TMDL 4.5 Allocatioiz Final Report I'he continuous waste load allocation (Table 11) is based on the maximum permitted loading, calculated as permitted Flow for the Crowders Creek W W'TP plus the minor point sources (6.07 MGD times the 200 cfu1100mL fecal coliform standard). The Crowders Creek WWTP must also must meet monthly geometric mean of 200 cfull00m1 and cannot exceed 400 cful I00tnl maximum. "fable 11. "Total maximum daily load allocation for the Crowders Creek watershed (detailed in Appendix). Units;pc r day.,, % Reduction < % of-TlVlDI TMDL 2.21E+I1 NC Continuous WLA 8.27E+09 0% 3.7% NC MS4 WLA plus LA - 2.13E+1 l 79% NC MS4 WLA 7.45E+111 79% 33.7°In NC LA I.15E+11 79%n 51.8%n SC LA 2.361'.+11} 79% 10.7%n Station CW-023 -- 79% Station CW-024 -- 79%n Station CW-192 -- 79%n Equivalent to a 79% reduction in existing loading (1998-2002). TMDL minus continuous WLA NPDES permitted stormwater iticluding that associated with MS4s (small municipal separate storm sewer systems) must also be included in the wastcload allocation.; Kings Mountain is not an MS4 town, therefore, their juriscliction within Crowders Creek must be broken out to calculate this portion of the WLA. Kings Mountain covers 34.1% of the area in WS I and 2. The nonpoint source load from these two subwatersheds is 19.5%, of the total watershed nonpoint loading. Accordingly, a ratio o1 6.G5% (34,1 %r,* 19.5%) is used to separate the Kings Mountain LA (1.4E+10 unitsld) from the nonpoint source loading in the remainder of the watershed (Appendix IV). 3 According to the Phase 11 rules, MS4 perminees are responsible for reducing (lie loads associated with slormwater outfalls for which it owns or otherwise has responsible control. 31 Crowders Creek'I'MM Final Report Except for Kings Mountain, the entire NC portion of the Crowders Creek watershed falls within Phase 11 boundaries. Therefore, all fecal loadings from urban land uses within this area were assigned to the WLA component. Loadings from land uses such as agricultural and forested areas are considered nonpoint sources and are reported as LAs. A loading ratio based on relative land use and loading rate is used to apportion the load between WLA and LA ("fable 12). The distribution of the urban (developed land uses) and non -urban land uses, 14.5 % and 86.5%n, respectively, was determined from the landuse coverage within WARM.F. In addition, the relative loading rates between the urban and rural landuse types were determined based modeled unit -loading rates (Table 10). A load is allocated to SC based on land use and unit loading rates in the border subwatersheds. Subwatersheds 4, 7, and 11 are split between SC and NC. The land uses are relatively homogenous within each subwatershed. 'these watersheds are predominately rural in character. WS 4 and I 1 are approximately one half in SC and WS 7 is approximately one quarter in SC. The TMDL loading per unit area was multiply by the land use area to generate fecal loading in each of these subwatersheds. As a result, SC is approximately 1617o of the watershed and will receive a load allocation that is 10.7% of the total nonpoint source load (see Appendix VI for detail). Table 12. Relative fecal coliform loading rates in the Crowders Creek watershed. 12.elat>vGxUttd;Us� Relattvt,iLciadingaR rtc J,Y Loading Raiic "� Urban Land 14.5% 81.3% 42.6% Non-Urhan Land 85.5% 18.6% 57.4% 32 Crowders Creek "TMDL final Report 5 Implementation Plan The "TMDL analysis was performed using the best data available to specify the Fecal coliform reductions necessary to achieve water quality criteria. The intent of meeting the criteria is to support the designated use classifications in the watershed. A detailed implementation plan is not included in this'I'MDL. The involvement of local governments and agencies in both NC and SC will be needed in order to develop the implementation plan. An implementation plan will be developed under a NC 319 grant to Dr. Jy Wu with the University of North Carolina at Charlotte (refer to section 7). 6 Stream Monitoring Fecal coliform monitoring will continue on a monthly interval at the ambient monitoring sites on Crowders Creek. Monitoring of fecal coliform concentrations will allow evaluation of progress towards the goal of achieving water quality standards and intended best uses. 7 Future Efforts This "TMDL represents an early phase of a long-term restoration project to reduce Fecal coliform loading to acceptable levels in the Crowders Creek watershed. NCDWQ in cooperation with SC and local governments should evaluate the progress of implementation strategies and refine the TMDL as necessary. in the next phase based on NC's five-year basin management cycle. This will include recommending specific implementation plans for reduction of fecal coliform loading. The NC 319 Grant program has recently funded a project entitled. Restoring and Assessing, Fecal Coliform /mpairmen! of Crowders Creek. The principal investigator is Dr. Jy S. Wu with the Department of Civil Engineering, University of North Carolina at Charlotte. The project, an extension of work associated with the "TMDL, airns to begin restoring the impaired section of the Crowder Creek due to fecal coliform. Components of the project include installation of new and/or retrofit of existing; structural best management practices (BMps) and/or low impact design (LIDS) at strategic locations of the Crowders Creek watershed or at its Blackwood Creek sub -watershed. in addition, a watershed restoration plan for long-term fecal coliform 33 Crowders Creek TMDL Final Report mitigation for the Crowders Creek watershed will be developed. The plan will integrate the efforts of" TMDL modeling, a bacterial source tracking (BST) study by NCDWQ (scheduled for summer 2004), and additional monitoring and analyses to be performed by the investigators. S Public Participation A draft of the Crowders Creek TMDL was publicly noticed through various means, including notification in the local newspapers of NC and SC. Copies of the affidavits of publication are provided in Appendix IX. The draft TMDL and public comment information was distributed electronically to known interested parties. The TMDL was also available from the Division of Water Quality's website at hupa/h?o.enr.statc.nc.us/tnu[l/ during the comment period. The comment period occurred from March 23, 2004 through May G, 2004. A public meeting was held on April 28 at the Gaston Citizen's Resource Center in Dallas. NC to present the 'TMDL and answer questions. Nine citizens attended the public meeting" One comment was received from Mr. Alton C. Boozer, Chief of the South Carolina Bureau ol' Water. A copy of the letter is located in Appendix X. 'rhe comments were positive and no response is needed. 9 Further Information Further information concerning North Carolina's TMDL program can be found on the Internet at the Division of Water Quality website: httpa/h2o.cnr.state.ttc.us/tmdl/. Technical questions regarding this TMDL should be directed to the following members of the DWQ Modcling/TMDI_ Unit: J. Todd Kennedy, Modeler (todd.kenne(iy@ncnutil.net), Michelle Woolfolk, Supervisor (michelle.woolfolk@ncmail.net). 34 Crowders Creek'lNDL 10 References Final Report Bowie. G.L. W.B. Mills, D.B. Porcella, C.L. Campbell, J.R. 11'agenkopf, G.L. Rupp, K.M. Johnson. P.W.H. Chan, and S.A. Gherini. 1985. Rates, constants, and kinetic formulations in surface water quality modeling. 2' edition. EPA/600/3-85/040. Environmental Research Laboratory, Athens, GA. Canale, R. P., M.T. Auer, E.M. Owens, T.M. Heidtke, S.W. Effler. 1993. Modeling Fecal Coliform Bacteria —I1. Model Development and Application. Water Research, 27(4):703-714. Crane, S.R. and .I. A. Moore. 1986, Modeling enteric bacterial die -off: A review. Water, Air, and Soil Pollution 27:41 1-439. Cleland, B.K. 2002. TMDI. Development from the "Bottom Up" — Part If: Using load duration curves to connect the pieces. Proceedings from the WEF National TMDL Science and Policy 2002 Conference. Giese, G.L. and R.R. Mason, Jr. 1993. Low -flow characteristics of streams in North Carolina. U.S. Geological Survey water -supply paper 2403. Giffin, Mark. 2003. South Carolina DEI-IC. Personal Communication. Gordon, R.D. 2003. A fecal Coliform soUrCC assessment for the Crowders Creek watershed. Gaston County, North Carolina. Civil Engineering Independent Study. Final Project. UNC Charlotte. Hudson, Craven. 2002, Gaston County Cooperative Extension. Persona! communication. Mallin. M.A., K.E. Williams, E.C. Esham, and R.P. Lowe. 2000. Effect of human development on bacteriological water quality in coastal watersheds. Ecological Applications, 10(4):1047-1056. North Carolina Department of Agriculture. 2001. Agricultural Statistics Division -County Statistics. www.ncagr.con>/stats/cntysumm/ and]tttp://,c.ovinfo.library.orst.edtl/C i� bitll:tstute'?Notlh+Carolina. North Carolina Cooperative Extension Service. North Carolina State University (NCSU), College of Agriculture and Life Sciences, Raleigh, Livestock Manure Production and Characterization in North Carolina. January 1994. North Carolina Division of Environmental Health (NCDEH). NCDFNR. 1999. North Carolina On -Site Wastewater Non -Point Source (NPS) Pollution Program. www.cleii.enr.state.IIC.tlti/OWW/Ilc)tlpOilllsotirce/ NPS.htm June 24. 1999. North Carolina Division of Environmental Health (NCDEH). NCDENR. 2000. Report on the Proper Maintenance of Septic Tank Systems in Accordance with Section 13.5 of H13 1 160 (Clean Water Act of 1999). http://www.deh.enr-.siate.nc.us/(.)tvw/Mitiiiienance.Pl)l". March 15, 2000, North Carolina Equine Survey. 1996. North Carolina Agricultural Statistics. NC Department of Agriculture and Consumer Services, Raleigh, NC — 27611. hitp://www.a r.state.ne. I [ats. North Carolina Division of Water Quality. February 2002. Fecal Coliforin Total Maximum Daily Load for the Irwin, McAlpine, little Sugar and Sugar Creek Watersheds, Mecklenburg County. Catawba River Basin. Final report submitted to EPA. 35 Crowders Creek TMDL Final Report North Carolina Division of Water Quality. August 2002. Fecal Coliform Total Maximum Daily Load for the Clark Creek Watershed, Catawba and Lincoln County. Catawba River Basin. Final Report. Office of Water. 1997. Guidelines for preparation of the comprehensive state water quality assessments. EPA-841-B-97-00. U.S. Environmental Protection Agency, Washington D.C. Stiles, T.C. 2002. Incorporating hydrology in determining TMDL endpoints and allocations. Proceedings from the WEF National TMDL Science and Policy 2002 Conference. Systech Engineering. October 2001. Watershed Analysis Risk Management Frame Work (WARM.F): Update One: A Decision Support System for Watershed Analysis and Total Maximum Daily Load Calculation. Allocation and Implementation. EPRI, Palo Alto, CA: 1005181. Thomann, R.V. and Mueller, J.A. 1987. Principles 4f Siuface Water Quality Modeling and Control. Harper and Row, New York, NY. U.S. Environmental Protection Agency (USEPA) 1985. Rates. constants, and kinetics formulations in surface water quality modeling (11 ed.). Athens, GA: EPA-600-3-85-040. U.S. Environmental Protection Agency (USEPA). 1991. Guidance for Water Quality -Based Decisions: The TMDL_ Process. Assessment and Watershed Protection Division, Washington, DC, U.S. Environmental Protection Agency, Federal Advisory Committee (FACA). Draft final TMDL Federal Advisory Committee Report. 4/28/98, U.S. Environmental Protection Agency (USEPA) 2000a. Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System Program in Support of Revisions to the Water Quality Planning and managernent Regulation; Final Rule. Fed. Reg. 65:43586-43670 (July 13. 2000). U.S.Environmental Protection Agency (USEPA) 2000b. Implementation Guidance for Ambient Water Quality Criteria for Bacteria — 1986. DRAT~ T. Office of Water. EPA--823- D-00-001. U.S. Environmental Protection Agency (USEPA) 2000c. Bacterial Indicator Tool. User's Guide. Office of Water. EPA-823-B-01-003. March 2000. U.S.Environmental Protection Agency (USEPA). January 2001. Protocol for Developing Pathogen TMDLs: First Edition. http:l/www.elrt.�Zuv/uwotivland]/techsu�.html. 36 r Crowders Creek TMDL 11 Appendix Final Report Appendix 1. Water gUality data collected in the Crowders Creek watershed (1997-2002). Station # Station Description Date Fecal ColilOrm Temp BWC Blackwood Creek at SR 1136 2/28/2001 280 11.7 BWC Blackwood Creek at SR 1136 3/5/2001 320 10.8 BWC Blackwood Creek at SR 1136 3/12/2001 270 10.7 BWC Blackwood Creek at SR 1 136 3/19/2001 400 10.1 BWC Blackwood Creek at SR 1 136 3/26/2001 1285 10.0 BWC Blackwood Creek at SR 1136 4/5/2001 400 13.8 BWC Blackwood Creek at SR 1 136 7/5/2001 4700 22.5 BWC Blackwood Creek at SR 1 136 7/10/2001 265 22.4 BWC Blackwood Creek at SR 1136 7/17/2001 395 23.0 BWC Blackwood Creek at SR 1136 7/24/2001 2900 23.0 BWC Blackwood Creek at SR 1136 7/31/2001 2000 22.1 BWC Blackwood Creek at SR 1136 8/7/2001 132 23.2 BWC Blackwood Creek at SR 1136 8/14/2001 5600 23.7 BWC Blackwood Creek at SR 1 136 8/21/2001 245 22.5 BWC Blackwood Creek at SR 1 136 8/28/2001 375 21.9 BWC Blackwood Creek at SR 1 136 9/4/2001 97000 20.7 BWC Blackwood Creek at SR 1136 9/10/2002 410 BWC Blackwood Creek at SR 1 136 9/12/2002 240 BWC Blackwood Creek at SR 1136 9/17/2002 2800 13WC Blackwood Creek at SR 1136 9/19/2002 1200 BWC Blackwood Creek at SR 1 136 9/24/2002 900 BWC Blackwood Creek at SR 1136 10/l/2002 520 BWC Blackwood Creek at SR 1136 10/8/2002 3000 BWC Blackwood Creek at SR 1136 10/15/2002 2400 BWC Blackwood Creek at SR 1136 10/22/2002 5900 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 2/28/2001 41 11,2 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 3/5/2001 210 10.8 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 3/12/2001 76 10.6 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 3/19/2001 66 8.6 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 3/26/2001 315 10.1 CC2 Crowders Creek at SR 1 108 (Upstream WWTII) 4/5/2001 115 13.5 CC2 Crowders Creck at SR 1 108 (Upstream WWTP) 7/5/2001 265 21.9 CC2 Crowders Creek at SR 1108 (Upstream W WTI') 7/ 10/2001 84 22.7 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 7/17/2001 50 22.1 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 7/24/2001 330 22.7 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 7/31/2001 50 22.4 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 9/7/2001 41 23.6 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 8/14/2001 3600 24.1 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 8/21/2001 60 23.3 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 8/28/2001 83 23.0 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 9/4/2001 36000 20.7 CC2 Crowders Creek at SR 1 109 (Upstream WWTP) 9/10/2002 2600 37 Crowders Crcek TMDL Final Report , 1 , Creek at SR 1108 (Upstream WWTP) 9/12/2002 130 CCrowders 2 Crowders Creek at SR 1108 (Upstream WWTP) 9/17/2002 1000 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 9/19/2002 2200 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 9/24/2002 370 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 10/l/2002 520 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 10/8/2002 670 CC2 Crowders Creek at SR 1 108 (Upstream WWTP) 10/15/2002 400 CC2 Crowders Creek at SR 1108 (Upstream WWTP) 10/22/2002 5800 CO Crowders Crk at SR 2424 at NC/SC state line 2/28/2001 120 11.2 CC3 Crowders Crk at SR 2424 at NC/SC state line 3/5/2001 550 11.3 CO Crowders Crk at SR 2424 at NC/SC state line 3/12/2001 250 11.2 CC3 Crowders Crk at SR 2424 at NC/SC state line 3/19/2001 74 10.3 CC3 Crowders Crk at SR 2424 at NC/SC state line 3/26/2001 174 11.1 CC3 Crowders Crk at SR 2424 at NC/SC state line 4/5/2001 114 13.8 CC3 Crowders Crk at SR 2424 at NC/SC state line 7/5/2001 3000 22.1 CC3 Crowders Crk at SR 2424 at NC/SC state line 7/10/2001 120 24.2 CC3 Crowders Crk at SR 2424 at NC/SC state line 7/17/2001 29 23.5 CC3 Crowders Crk at SR 2424 at NC/SC state line 7/24/2001 305 24.4 CC3 Crowders Crk at SR 2424 at NC/SC state lime 7/31/2001 78 23.5 CC3 Crowders Crk at SR 2424 at NC/SC state line 8/7/2001 55 25.0 CC3 Crowders Crk at SR 2424 at NC/SC state line 8/14/2001 122 24.6 CO Crowders Crk at SR 2424 at NC/SC state line 8/21/2001 120 24.2 CC3 Crowders Crk at SR 2424 at NC/SC state line 8/28/2001 375 24.4 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/4/2001 107000 20.4 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/10/2002 250 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/12/2002 400 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/17/2002 1100 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/19/2002 770 CC3 Crowders Crk at SR 2424 at NC/SC state line 9/24/2002 380 CC3 Crowders Crk at SR 2424 at NC/SC state lime 10/l/2002 270 CC3 Crowders Crk at SR 2424 at NC/SC state line 10/8/2002 220 CC3 Crowders Crk at SR 2424 at NC/SC state line 10/15/2002 400 CC3 Crowders Crk at SR 2424 at NC/SC state line 10/22/2002 4300 CC 1 Crowders Creek at SR 1131 2/28/2001 18 11.7 CC] Crowders Creek at SR 1131 3/5/2001 220 10.1 CCI Crowders Creek at SR 1131 3/12/2001 80 9.9 CC1 Crowders Creek at SR 1131 3/19/2001 37 9.9 CC1 Crowders Creek at SR 1131 3/26/2001 200 9.5 cc[ Crowders Creek at SR 1 131 4/5/2001 230 10.7 CC l Crowders Creek at SR 1131 7/5/2001 3300 23.1 CCl Crowders Creek at SR 1131 7/10/2001 83 24.0 CCl Crowders Creek at SR 1131 7/17/2001 260 23.9 CC 1 Crowders Creek at SR 1131 7/24/2001 140 24.1 CC l Crowders Creek at SR 1131 7/31/2001 380 23.5 CC1 Crowders Creek at SR 1131 8/7/2001 235 25.1 CC1 Crowders Creek at SR 1131 8/14/2001 5000 25.0 cc] Crowders Creek at SR 1131 8/21/2001 60 25.4 CCl Crowders Creek at SR 1131 8/28/2001 365 22.8 CC1 Crowders Creek at SR 1131 9/4/2001 6000 20.9 38 Crowders Creek TMDL Final Report CCE Crowders Creek WWTP cffluent 2/28/2001 106 11.3 CCE Crowders Creek WWTP effluent 3/5/2001 370 11.2 CCE Crowders Creek WWTP effluerII 3/12/2001 90 11.5 CCE Crowders Creek WWTP effluent 3/19/2001 72 10.4 CCE Crowders Creek WWTP effluent 3/26/2001 145 10.7 CCE Crowders Creek WWTP effluent 4/5/2001 92 13.9 CCE Crowders Creek WWTP effluent 7/5/2001 1603 21.4 CCE Crowders Creek WWTP effluent 7/10/2001 33 26.3 CCE Crowders Creek WWTP eftluent 7/17/2001 9 27.0 CCE Crowders Creek WWTP effluent 7/24/2001 36 27.5 CCE Crowders Creek WWTP effluent 7/311200E 6 27.2 CCE Crowders Creek WWTP effluent 8/7/2001 12 28.2 CCE Crowders Creek WWTP effluent 8/14/2001 152 26.9 CCE Crowders Creek WWTP effluent 9/21/2001 23 27.8 CCE Crowders Creek WWTP effluent 9/29/2001 20 27.9 CCE Crowders Creek W W'I'P effluent 9/4/2001 21500 21.3 SCC South Crowders Creek at SR 1103 2/28/2001 270 11.2 SCC South Crowders Creek at SR 1 103 3/5/2001 300 10.8 SCC South Crowders Creek at SR 1 103 3/ 12/2001 220 10.6 SCC South Crowders Creek at SR 1103 3/19/2001 76 8.6 SCC South Crowders Creek at SR 1103 3/26/2001 1125 10.1 SCC South Crowders Creek at SR 1 103 4/5/2001 630 13.5 SCC South Crowders Creek at SR 1 103 7/5/200t 44 21.9 SCC South Crowders Creek at SR 1103 7/10/2001 48 22.7 SCC South Crowders Creek at SR 1103 7/17/2001 35 22.1 SCC South Crowders Creek at SR 1 103 7/24/2001 86 22.7 SCC South Crowders Creek at SR 1 103 7/31/2001 58 - 22.4 SCC South Crowders Creek at SR 1103 8/7/2001 20 23.6 SCC South Crowders Creek at SR 1 103 8/14/2001 385 24.1 SCC South Crowders Creek at SR 1 103 8/21/2001 530 23.3 SCC South Crowders Creek at SR 1 103 8/28/2001 108 23.0 SCC South Crowders Creek at SR 1103 9/4/2001 28000 20.7 SFCC South Fork Crowders Creek at SR 1 109 2/29/2001 94 11,3 SFCC South Fork Crowders Creek at SR 1 109 3/5/2001 330 11.1 SFCC South Fork Crowders Creek at SR 1 109 31121200E 240 10.7 SFCC South Fork Crowders Creek at SR 1109 3/19/2001 60 10.0 SFCC South Fork Crowders Creek at SR 1109 3/26/2001 106 10.6 SFCC South Fork Crowders Creek at SR 1109 4/5/2001 215 13.6 SFCC South Fork Crowders Creek at SR 1 109 7/5/2001 4000 22.7 SFCC South Fork Crowders Creek at SR 1 109 7/10/2001 465 23.0 SFCC South Fork Crowders Creek at SIt 1 109 7/17/2001 35 22A SFCC South Fork Crowders Creek at SR 1 t09 7/24/2001 365 22.6 SFCC South Fork Crowders Creek at SR 1 109 7/31/2001 320 122.5 SFCC South Fork Crowders Creek at SR 1109 8/7/2001 335 23.7 Sl-CC South Fork Crowders Creek at SR 1109 8/14/2001 555 24.0 SFCC South Fork Crowders Creek at SR 1 109 8/21/2001 50 23.2 SFCC South Fork Crowders Creek at SR 1109 8/28/2001 27 22.7 SFCC ISouth Fork Crowders Creek at SR 1 109 9/4/2001 46000 20.6 CC4 ICROWDERS CRK AT SC 564 (NC Ambicnt) 1/8/1998 42000 15 39 Crowders Creek TMDL Final Report CC4 CROWDERS CRK AT SC 564 (NC Ambient) 2/ 66/1998 230 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 3/11/1998 220 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 4/28/1998 400 15 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 5/20/1998 420 21 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 6/23/1999 350 23 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 7/22/1998 610 26 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 8/10/1998 1100 23 CC4 CROWDERS CRK Al' SC 564 (NC Ambient) 9/21/1998 1600 23 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 10/29/1998 82 I6 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1 1/23/1998 64 10 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 12/30/1998 400 7 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1/27/1999 220 9 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 2/23/1999 73 5 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 3/18/1999 180 12 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 4/27/1999 120 17 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 5/24/1999 100 22 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 6/22/1999 230 19 CC4 CROWDERS CRK ,VI'SC 564 (NC Ambient) 8/3/1999 110 25 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 8/23/1999 210 23 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 9/13/1999 170 21 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 10/19/1999 240 16 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1 l/4/1999 420 11 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 12/6/1999 800 13 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1/5/2000 710 9 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 2/21/2000 100 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 3/22/2000 440 12 CC4 CROWDERS CRK ATSC 564 (NC Ambient) 4/18/2000 210 16 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 5/17/2000 130 17 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 6/20/2000 260 22 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 7/27/2000 220 22 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 9/13/2000 230 22 CC4 CROWDERS CRK AT SC 564 (NC Anihient) 10/19/2000 82 16 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 11/29/2000 190 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 12/28/2000 54 4 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1/29/2001 18 6 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 2/13/2001 230 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 4/23/2001 240 18 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 5/29/2001 580 19 CC4 CROWDIRS CRK AT SC 564 (NC Ambient) 6/14/2001 190 24 CC4 CROWDERS CRK A'I' SC 564 (NC Ambient) 7/23/2001 66 23 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 8/22/2001 110 23 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 9/18/2001 81 18 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 10/22/2001 200 17 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 11/29/2001 260 15 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 12/17/2001 360 12 CC4 CROWDERS CRK Nf SC 564 (NC Ambient) 1/16/2002 200 6 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 2/14/2002 100 8 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 3/18/2002 700 12 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 4/25/2002 320 18 40 Crowders Creek'l'1vIDL Final Report CC4 CROWDERS CRK AT SC 564 (NC Ambient) 5/22/2002 280 14 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 6/13/2002 210 23 CC4 CROWDIERS CRK AT SC 564 (NC Ambient) 7/l/2002 260 25 CC4 CROWDERS CRK AT SC 564 (NC Amhient) 8/13/2002 87 24 CC4 CROWDLRS CRK AT SC 564 (NC Ambient) 9/9/2002 190 22 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 10/24/2002 320 15.3 CC4 CROWDERS CRK AT SC 564 (NC Ambient) 1 1/20/2002 160 9.6 41 Crowders Creel: TMDl- Final Report Appendix ll. Land use by WARMI~ subwatershed based on 1993-1996 landcover in the Crowders Creek watershed. WARMF LU °h ni^2 111i^2 l 1119 Deciduous Forest 27.59 6.85E+06 2.64 Evergreen Forest 12.9 3.20E+06 1.24 Mixed Forest 7.19 1.79E+06 0.69 Pasture 6.77 1.68E+06 0.65 Cultivated 14.55 3.61E+06 1.39 Recr. Grasses 2.46 6.111'-+05 0.24 Water 0.24 5.96E+04 0.02 Barren 1,21 3.001 +05 0. t2 Low Int. Develop. 12.63 3.14E+06 1.21 High Int. Develop. 3.49 8.67E+05 0.33 Comm I Industrial 10.24 2.54E+06 0.98 Wetlands 0.74 1.84E+05 0.07 TOTAL 100 9.59 2.48 Fi+07 1118 % Deciduous Forest 56.8 9.27E+06 3.58 Evergreen Forest 11.41 1.86E+06 0.72 Mixed Forest 5.8 9.47E+05 0.37 Pasture 5.4 8.81E+05 0.34 Cultivated 7.72 1:26E+06 0.49 Recr, Grasses 2.35 3.84E+05 0.15 Water 0.13 2.12E+04 0.01 Barren 0.32 5.22E+04 0.02 Low Int. Develop, 4.74 7.74E+05 0.30 High Int. Develop. 1.6 2.61E+05 0.10 Comm / Industrial 2.78 4.54E+05 0.18 Wetlands 0.92 1.50E+05 0.06 TOTAL, 100 6.30 1.63E+07 3 1102 %n Deciduous Forest 65.61 1.95E+07 7.53 Evergreen Forest 11.01 3.27E+06 1.26 Mixed Forest 7.8 2.32E+06 0.89 Pasture 5.22 1.55E+06 0.60 Cultivated 7 2.08E+06 0.80 Recr. Grasses 0.08 2.38E+04 0.01 Water 0.37 1.10E+05 0.04 Barren 0.16 4.75E+04 0.02 Low Int. Develop. 1.71 5.08E+05 0.20 High Int. Develop. 0 0.00E+00 0.00 Comm I Industrial 0.48 1.43E+05 0.06 Wetlands 0.54 1.60E+05 0.06 TOTAL 100 42 Crowder:s Creek'I'MDL Final Report 2.97E+07 4 1106 % Deciduous Forest 15.05 4.89E+06 1.89 1vergreen Forest 23.78 7.73E+06 2.98 Mixed Forest 14.75 4.79E+06 1.85 Pasture 17.74 5.77E+06 2.23 Cultivated 22.79 7.41E+06 2.86 Recr. Grasses 0.23 7.48E+04 0.03 Water 0.28 9.10E+04 0.04 Barren 2.17 7.05E+05 0.27 Low Int. Develop. 1.65 5.36E+05 0.21 High Int. Develop. 0 o.00r-_+00 0.00 Comm 1 Industrial 0.36 1.17E+05 0.05 Wetlands 1.21 3.93E+05 0.15 'TOTAL 100 3.25E+07 5 1111 %n Deciduous Forest 34.16 1.89E+07 728 Evergreen Forest 13.76 7.60E+06 2.93 Mixed Forest 8.18 4.52E+06 1.74 Pasture 4.29 2.37E+06 0.91 Cultivated 5.94 3.28E+06 1.27 Rem Grasses 1.85 1.02E+06 0.39 Water 0.3 1.66E+05 0.06 Barren 0.38 2.10E+05 0.08 Low Int. Develop. 16.86 9.31E+06 3.59 1-ligh Int. Develop. 5.45 3.01E+06 1.16 Comrn / Industrial 8.35 4.61E+06 1.78 Wetlands 0.47 2.5917-+05 0.10 TOTAL too 5.521?+07 6 1110 % Deciduous Forrest 43.52 3.641E+06 1.40 Evergreen forest 15.63 1.31E+06 0.50 Mixed Forest 8.34 6.97E+05 0.27 Pasture 4.85 4.05E+05 0.16 Cultivated 8.1 6.77E+05 0.26 Kerr. Grasses 0.85 7.10E+04 0.03 Water 0.1 8.35E+03 0.00 Barren 0.17 1.421"-+04 0.01 Low Im. Develop. 14.58 1.221E+06 0.47 High lnt. Develop. 1.61 L35E+05 0.05 Conan / Industrial 1.69 1.41E+05 0.05 Wetlands 0.56 4.68E+04 0.02 TOTAL 100 8.351E+06 7 1101 Deciduous Forest 0 0.0017'+00 0.00 43 Crowders Creek TMDL Final Report Evergreen Forest 24.13 2.78E+06 1.07 Mixed Forest 20.68 2.38E+06 0.92 Pasture 20.74 2.39E+06 0.92 Cultivated 27.08 3.12E+06 1.20 Recr. Grasses 0 0.00E+00 0.00 Water 0.29 3.341?+04 0.01 Barren 0.18 2.07E+04 0.01 Low [tit. Develop. 4 4.60E+05 0.18 High Int: Develop. 0.02 2.30E+03 0.00 Comm I Industrial 0.51 5.87E+04 0.02 Wetlands 2.36 2.72E+05 0.10 TOTAL 100 I.15E+07 8 1108 % Deciduous Forest 53.53 1.64E+06 0.63 Evergreen Forest 11.97 3.66E+05 0.14 Mixed Forest 12.69 3.88E+05 0.15 Pasture 8.6 2.63E+05 0.10 Cultivated 7.75 2.37E+05 0.09 Recr. Grasses 021 6.421:+03 0.00 Water 0 0.001"+00 0.00 Barren 0.21 6.42E+03 0.00 Low Int. Develop. 1.92 5.87E+04 0.02 High Int. Develop. 0 0.00E+00 0.00 Comm / Industrial L58 4.83E+04 0.02 Wetlands 1.53 4.68E+04 0.02 TOTAL 100 3.06E+06 9 1099 % Deciduous Forest 19.96 3.75E+06 1.45 Evergreen Forest 18.92 3.53E+06 1.36 Mixed Forest 9.15 1.72E+06 0.66 Pasture 13.28 2.49E+06 0.96 Cultivated 16,27 3.06E+06 1.18 Recr. Grasses 2.12 3.98E+05 0.15 Water 0.27 5.07E+04 0.02 Barren 0.75 1.41 E+05 0.05 Low Int. Develop. 11.28 2.12E+06 0.82 High Int. Develop. 1.2 2.25E+05 0.09 Comm / Industrial 6.54 1.23E+06 0.47 Wetlands 0.36 6.76E+04 0.03 TOTAL 100 1.88E+07 10 1100 % Deciduous Forest 6.32 1.46E+05 0.06 Evergreen Forest 12.28 2.84E+05 0.11 Mixed Forest 18.38 4.26E+05 0.16 Pasture 30.22 7.00E+05 0.27 44 Crowders Creek TMDL Final Report Cultivated 20.91 4.82E+05 0.19 Recr. Grasses 0.74 1.71 E+04 0.01 Water 0.59 1.37E+04 0.01 Barren 1.69 3.91E+04 0.02 Low Int. Develop. 4.63 1.07F.+05 0.04 High Int. Develop. 0 0.00E+00 0.00 Cornet I Industrial 1.25 2.89E+04 0.01 Wetlands 3.09 7.16F,+04 0.03 TOTAL 100 2.32E+06 11 1095 % Deciduous Forest 41.83 1.59E+07 6.15 1?vergreen Forest 17.08 6.50E+06 2.51 Mixed Forest 10.39 3.96E+06 1.53 Pasture 9.68 3.68E+06 1.42 Cultivated 11.88 4.52E+06 1.75 Recr. Grasses 0.97 3.69E+05 0.14 Water 0.4 1.52E+05 0.06 Barren 0.2 7.61E+04 0.03 Low Int. Develop. 5.45 2.07E+06 0.80 High lnt. Develop. 0.5 1.90L-+05 0.07 Cornet / Industrial 1.11 4.23E+05 0.16 Wetlands 0.5 1.90E+05 0.07 TOTAL 100 3.81 E+07 2.41 E+08 108.79 45 Crowders Creek TMDL Appendix M. Calibrated soil layer parameters. Final Report Subwatershed Soil Layer Area Thickness Initial Field Sat. Horizontal Vertical Root Density Soil m2 cIn Moisture Capacity Moisture Cond. cnt/d Cond. cm/d Distr, g/cm3 Tortuosity - 1 1 24829000 25 0.20 0.15 0.20 9800 3 0.75 0.2 10 2 24829000 60 0.28 0.20 0.30 3000 40 0.1 1.3 10 3 24829000 50 030 0.25 0.30 2500 80 O.l 1.3 10 4 23180000 100 0.37 0.28 0.37 1500 60 0.05 1.5 10 2 l 16321000 25 0.20 0.15 0.20 9800 3 0.75 0.2 10 2 16321000 60 0.30 0.20 030 3000 40 0.1 1.3 10 3 16321000 50 0.35 0.25 0.30 2500 80 0.1 1.3 10 4 15239000 100 0.37 0.28 0.37 1500 60 0.05 1.5 10 15239000 100 0.37 0.28 0.37 1500 60 0.05 1.5 10 3 1 29711000 25 0.22 0.15 0.20 9800 3 0.75 0.2 10 2 29711000 60 0.30 0.20 0.30 3000 40 0.1 1.3 10 3 29711000 75 0.35 0.25 0.30 1000 80 0.1 1.3 10 ' 4 27737000 150 0.37 0.28 0.37 300 60 0.05 1.5 10 4 1 32506000 25 0.22 0.15 0.20 9800 3 0.75 02 10 2 32506000 60 0.30 0.20 0.30 3000 40 0.1 1.3 l0 3 32506000 75 0.35 0.25 0.30 1000 80 0.1 1.3 10 4 30343000 150 0.37 0.28 10.37 300 60 0.05 1.5 10 5 1 55196000 40 0.24 0.15 0.20 9700 25 0.75 0.2 10 2 55196000 80 0.32 020 0.35 2000 40 0.1 1.3 10 3 55196000 50 0.38 0.28 0.35 2000 60 0.1 1.3 10 4 51529000 150 0.38 0.27 0.36 300 60 0.05 1.5 10 6 1 8354000 40 0.22 0.15 0.20 9700 25 0.75 0.2 10 2 8354000 80 0.30 0.20 0.35 2000 40 0.1 1.3 10 3 8354000 75 0.38 0.28 0.35 2000 60 0.1 1.3 10 4 7798700 150 0.38 0.22 0.36 300 60 0.05 1.5 10 7 1 11509000 40 10.22 0.15 0.20 9700 25 10.75 10.2 Ito 46 I Crowders Creek TMDL Final Report 2 11509000 80 030 0.20 0.35 2000 40 0.1 1.3 10 3 11509000 75 0.38 0.28 0.35 2000 60 0.1 1.3 10 4 10743000 150 0.38 0.22 0.36 300 60 0.05 1.5 10 8 1 3056600 40 0.22 0.15 0.20 9700 25 0.75 0,2 10 2 3056600 80 0.30 0.20 0.35 2000 40 0.1 1.3 10 3 3056600 75 0.38 0.28 0.35 2000 60 0.1 1.3 10 4 2853600 150 0.38 0.22. 0.36 300 60 0.05 1.5 10 9 1 18777000 40 0.22 0.15 0?0 9700 25 0.75 0.2 l0 2 18777000 80 0.30 0.20 0.35 2000 40 0.1 1.3 !0 3 18777000 75 0.39 0.28 0.35 2000 60 0.1 1.3 10 4 17530000 150 0.38 0.22 0.36 300 60 0.05 L5 10 10 1 2315900 40 0.20 0.15 0.20 9700 25 0.75 0.2 10 2 2315900 80 0.30 0.20 0.35 2000 40 0.1 1.3 10 3 2315900 75 US 0.28 0.35 2000 60 0.1 1.3 10 4 2161800 150 0.38 0.22 0.36 300 60 0.05 1.5 10 11 1 38067000 40 0.22 0.15 0.20 9700 25 0.75 0.2 10 2 39067000 80 0.30 0.20 0.35 2000 40 0.1 1.3 10 3 38067000 75 0.38 0.28 0.35 2000 60 0.1 1.3 10 4 35537000 150 0.38 0.22 0.36 1300 60 0.05 i 1.5 10 47 Crowders Creek TMDL Appendix IV. Load allocation calculation for Kings Mountain, Final Report TMDL Loading Loading per unit area Fecal Loading WARMF LU % 111112 mi^2 ha IE6/ha)yr IE6/yr 1 1119 Deciduous Forest 27.59 6850404 12.644941 685.0397 Deciduous Forest 282 193181,196 Evergreen Forest 12.9 3202980 11.23667 320.2976 Evergreen Forest 380 121713.1069 Mixed Forest 7.19 1785227 0.689276 178.5225 Mixed Forest 415 74086.83272 Pasture 6.77 1680944 0.649012 168.0942 Pasture 9910 11665813,452 Cultivated 14.55 3612663 1.394849 361.266 Cultivated 388 140171.19 Recr. Grasses 2.46 610800.8 0.23583 61.08002 Recr. Grasses 217 13254.36367 Water 0.24 59590.32 0.023008 5.959026 Water 312 1859.216125 Barren 1.21 300434.5 0.1 15998 30.04342 Barren 166 4987 208211 Low Int. Develop, 12.63 3135941 1,210787 313.5937 Low Int. Develop. 11600 3637687.447 High Int. Develop. 3.49 866542.6 10.334572 86.65417 High Int. Develop. 25600 2218346.761 Comm / Industrial 1024 2542520 10.981667 254.2518 Comm / Industrial 14100 3584950.066 Wetlands 0.74 183736.8 10.070941 18.37366 Wetlands 0 0 Sutra 11656050-94 2 IH8 % Deciduous Forest 56.8 9270442 �3.579318 927,0432 1 jDecidUOUs Forest 282 261426.1917 Evergreen Forest 11,41 1862249 10.719014 186.2247 Evergreen Forest 380 70765,38819 Mixed Forest 5.8 946629.E 10,365494 94,66287 Mixed Forest 415 39285,08911 Pasture 5.4 881344.8 10.340287 88,13439 Pasture 9910 873411.8234 Cultivated 7.72 1259997 0.486485 125.9995 Cultivated 388 48887.82074 Recr. Grasses 2.35 383548.2 10.148083 38.35478 1 Recr. Grasses 217 8322987617 Water 0.13 21217.5E O.008 992 2.121754 Water 312 661.98721 Barren 0.32 52227.84 10.020165 5,222779 Barren 166 866.981277 Low Int. Develop. 4.74 773624.9 0.298697 77.36241 Low Int. Develop. 11600 897403.9634 High Int. Develop. 1.6 261139.2 0.100826 26.11389 High Int. Develop. 25600 668515.6835 Comm I Industrial 2.78 453729.4 0.175185 45.37289 Comm / Industrial 14100 639757.7578 Wetlands 0.92 150155 10.057975 15.01549 Wetlands 0 0 Sum 3509305.674 in units/d 48 I Crowders Creek TMDL Final Report Grand Sum for entire Crowders= 2.13E+1 1 Grand Sum 15165357 4.15E+10 Grand Sum for WS I and 2 14.15E+10 19.51% 34.10% 1 Kings Mtn LA 5171387 1212980.7 19.51% 134.10% 6.65% 5.17E- 12 1.42E+10 49 Crowders Creek TMDL Appendix V. Modeled fecal coliform loading scenarios. Final Report Simulated Fecal Coliform Loading Current Conditions Geometric Mean SC Instantaneous SC Instantaneous 11-6/d wl modified point source w/ modified point source crowd calibfin crowd tmdl crowd_tmdl 2 crowd_tmdl_3 Managed Flow 10 0 0 0 Groundwater Pumping 0 0 0 0 Deciduous Forest 29100 6510 10900 11900 Evergreen Forest 18100 3990 6680 7290 Mixed Forest 12400 2720 4550 4970 Pasture 284000 60200 101000 I10000 Cultivated 14300 3160 5280 5770 Recr. Grasses 817 1177 296 323 Water 270 60 101 110 Barren 300 74 122 133 Low 1nt. Develop, 304000 64400 108000 118000 High Int. Develop. 155000 32800 54900 59900 Comm / Industrial 179000 37900 63400 69200 Wetlands 0 0 0 0 General Nonpoint Sources 0 0 0 0 Direct Precipitation 0 0 0 0 Direct Dry Deposition 0 0 0 0 Type 1 Septic System 6670 699 1200 1310 Type 2 Septic System 0 0 0 0 Type 3 Septic System 2780 291 499 547 Unpermitted Surface Mines 0 0 0 0 Unpermitted Deep Mines 0 0 0 0 Permitted Surface Mines 0 0 0 0 Permitted Deep Mines 0 0 0 0 General Point Sources 25300 8220 25300 8220 Islonpoint Total 1006737 212981 356927 389453 TOTAL 1036000 221000 382000 397000 Reduction Required 79% 63% 61% 50 Crowders Creek TMDL Final Report Appendix VI. Load allocation calculations for South Carolina portion of Crowders Creek. Subwatersheds 4,7, and I 1 are split between SC and NC. The landuses are relativeiy homogenous within each subwatershed. These watersheds are predominately rural in character. 4 and 1 I are 1/2 in SC and 7 is 1/4 in SC. TMDL Loading WARMF LU % m^2 mi^2 ha Loading per unit area Fecal Loading NC SC Subwatershed 4 IE6/ha/yr IE6/yr 1106 Deciduous Forest 115.05 4892273.40 1.89 489.23 Deciduous Forest 282 137961.97 Evergreen Forest 23.78 7730117.04 2.98 773,01 Evergreen Forest 380 293744.15 Mixed Forest 14.75 4794753.00 1.85 479,47 Mixed Forest 415 198982.05 Pasture 17.74 5766706-32 2.23 576,67 Pasture 9910 5714800.2. Cultivated 22,79 7409299.72 2.86 740.83 Cultivated 388 287441.74 Recr. Grasses 0.23 74765.64 0.03 7.48 - Recr. Grasses 217 1622.4128 Water 0.28 91019.04 0.04 9.10 Water 312 2839-7912 Barren 2.17 705397,56 0.27 70.54 Barren 166 11709,588 Low Int, Develop. 1.65 536362.20 0.21 53.64 Low Int. Develop. 11600 62217953 High Int. Develop, 0.00 0.00 0.00 0.00 High Int. Develop. 25600 0 Comm / Industrial 0.36 117024.48 0.05 1 1.70 Comm / Industrial 14100 165004.35 Wetlands 121 393332.28 0.15 39.33 Wetlands 0 0 1255 Sum 7436285.8 3718143 3718143 Subwatershed 7 1101 Deciduous Forest 0A0 0.00 0.00 0.00 Deciduous Forest 282 0 Evergreen Forest 24.13 2777218 22 11.07 277.72 Evergreen Forest 380 105534.19 Mixed Forest 20.6$ 2380143.92 0.92 239.01 Mixed Forest 415 98775,874 Pasture 20,74 2387049-56 0.92 238.70 jPasture 9910 2365563.7 Cultivated 27.08 3116745.52 1.20 311.67 lCultivated 388 120929.61 Recr. Grasses 0.00 0.00 0.00 0.00 IRecr, Grasses 217 0 Water 0.29 33377.26 0.01 3.34 lWater 312 1041.3695 Barren 0.18 20716.92 0.01 2.07 Barren 166 343.90053 Low Int. Develop. 4.00 460376.00 0.18 46.04 Low Int. Develop. 11600 534035.63 High Int. Develop. 0.02 230L88 0.00 0.23 High Int. Develop. 25600 5892-8069 51 Crowders Creek TMDL Final Report Comm / Lidustrial 0.51 58697.94 0.02 5.87 Comm / I ndustrial 14100 82764.013 Wetlands 2.36 271621.84 0.10 27.16 Wetlands 0 0 4.44 Sum 3314881.E 2486161 828720 Subwatershed I 1095 Deciduous Forest 41.83 1592380257 6.15 1592.38 Deciduous Forest 282 449050,78 Evergreen Forest 17.08 6501997.32 2.51 650.20 Evergreen Forest 380 247075.65 Mixed Forest 10.39 3955254.8E 1.53 395.53 Mixed Forest 415 164142.91 Pasture 9.68 3684972.72 1.42 368.50 Pasture 9910 3651804.3 Cultivated 11.88 4522466.52 1.75 452.25 Cultivated 388 175471.53 Recr. Grasses 0.97 369258.63 0.14 36.93 Recr. Grasses 217 8012.9043 Water 0.40 152271,60 0.06 115.23 Water 312 4750.8692 Barren 0.20 76135.80 0.03 7.61 Barren 166 1263.853 Low Ent. Develop. 5.45 2074700.55 0.80 207.47 Low Int. Develop. 11600 2406650.2 High Int. Develop. 0.50 190339.50 0.07 19.03 High Int. Develop. 25600 487268.63 Comm I Industrial 1.11 422553.69 0.16 42.26 Comm I Industrial 14100 595800.11 Wetlands 0.50 190339.50 0.07 19.03 Wetlands 0 0 14.70 Sum 8191291.8 4095646 4095646 Units are IE6/yr Grand Total 31.69 Grand Sum 18942459 10299950 8642509 SC 14.7352 15.9% 54.37% 45.63% Total Crowder 92.9 'Total Nonpoint Crowder Loading 77737956 4,7,11 percent of total 24.37%n 13.25% 11.12%n 52 Crowders Creek TMDL Appendix VII. Crowders Creek Fecal Coliform TMDL Allocation Worksheet Final Report Crowder's Creek Watershed Fecal Coliform Allocation Worksheet units/d % of'rNIDL T1L11D L 12.21 E+ I 1 Continuos WLA * S.27E+09 3.7%n Background LA ** 1.30E+10 MS4 WLA plus LA *** 2.13E+11 SC LA **** 2.36E+10 10.7% Kings Mtn LA 1.41E+10 MS4 WLA plus NC LA 1.89E+I I MS4 WLA 7.45E+10 33.7%n NC LA 1.15E+11 51.8% 100% * Based on maximum ermitted loading, calculated as permitted flow (wwtp plus small pt. Sources = 6.07 tngd) times 200 cfu/mL standard. Crowders Creek W%VTP will need to reduce loading to also meet the 400 cfu/100ml instantaneous standard. ** Back round is based on 5.9% loading derived from this landuse(forested/wetland/greens ace. ***TMDL minus continous WLA minus Background LA. **** Based on landuse and unit load rates in border watersheds. 53 Crowders Creek "I"MDI- Final Report Appendix VIII. Septic system loading estimates for the Crowders Creek watershed. acres population served pop/acre pop/sgmi North Crowders Subwatershed Census Tract Septic Systems Density 13737 (number) (people/system) 316* 259 2,78 720 318 88 2.89 254 331 107 2.78 296 317.02 167 2.77 463 317.01 237 2.66 629 2363 0.17 110 Central Crowders Subwatershed Census Tract Septic Systems Density 9175 (number) (people/system) 332.01 181 3.41 616 317.02 229 2.77 633 317,01 127 2.66 339 334 579 2.94 1702 3290 0.36 229 Blackwood Creek Subwatershed Census Tract Septic Systems Density 2202 (number) (people/system) 318 20 2.89 58 331 73 2.78 204 332.01 328 3,41 1119 1382 0.63 402 South Crowders Subwatershed Census Tract Septic Systems Density 10686 (number) (people/system) 317.02 13 2.77 36 334 163 2.94 480 317.01 942 2.66 2507 3023 0.28 181 Lower Crowders Subwatershed Census Tract Septic Systems Density 8792 (number) (people/system) 332.02 409 2.71 1108 333.02 744 1.79 1331 334 304 2.94 894 3334 0.38 243 Grand Total 13391 0.36 233 Notes: Data from Gordon (2003). Per Gordon (2003), because tract boundaries do not exactly follow watershed boundaries, tract % and acreages may not add correctly. For tracts that lie significantly outside of watershed boundaries, population estimates were adjusted accordingly. Calculations in italics are by NC DWQ. 54 CroNvders Creek TMI)L Final Report Appendix [X. Affidavits of Publication for Public Notices • tuu.lc IlS,Itr ;1l-i1`1DA VIT 01i INSEkTION OF :tl.)1'1:1t'CJwI 191?,� � •�^ 'E'!u# {,�r►sf{In f:asr.4^[[l� .}rr•'.1 "" o•'� r f:»pre eri� l�ulhrnlp, tii; mh/Ay dI tia n�+K""'+' t;yW,tn l;ls:at,i - ,t,h pn,R+nlrr,w"' f,_4tC�tt�tr iirr WfcW L'!tl,t r1AWAIr:ltty M a;s # ill Jts:'IYttf t:aricq {s1E%11a. tli- ra_q!x tq i. IhLI 11C ai rrr.,-,I-lit 4,T; 1� ra'rrv*, IY?iFL]{=tkCtlTs�-1'�:rr't,t.7hh:FP.t1[�t 11/�!I_l' l..!1iSt Ys„ov„ ry,c: a;xihl i'Mlr:l.tl��kt[R?W7,IF,F44t' Pllti �wru.•x �«w „paf r�r war kc:r' hhpp.� � arar..wa.a, a�+Fp W>wi m'u'i1 ,tilutirirl„ 7i� ! r - [ x:lili�:,i} ' [Kµi{fi'r'r r t_ c',!uLrfurl;i,li�„tr(al,i+!�inrssrr[ - rHt rr.t+.-� w�,,rtnxv! N1ARr,t.:a.XW !�It{i,�x 1lirthtirl� t r Iy' il.hdacrrv�l; SutatrfntnI&tjtwl;bw:Kim Ilk,.[3.,{aY'll La4;,�_____,_.___, ig l r �t�itiY t,_yrit ''�is+li Yrxrr t1, r..Nrr..u'; Publir- ;,.�5• GiC:]EI Il1�i�r,r F=tl:i rr3 %[DIZtn1f~ I,I, =1klA 55 Crowders Creek'FMDL Blatt taf .Soulh Carolina t�ll?•77rF 01: MFIK I! kisiL#ti`�f! :-'m a4v s rt rmv! :aat ahc �: dne alk wli7iie,1 m:traa,,v qk att . �ia'tn, F.va�ir ncK=g�!Fer aattk:hmj is YZI& $.C,, a.t.f 11ml, 0.6 Fa '9rl :t�r.?c« tS�Xilllnt� ar=r�,; c.'n=� pjbL, lmJ its s. d . «ww Vic, 7e icc a ezd ,4��. �,7T ,W,�JIIGC�R1Vu ►t�Ew l.p - titSt.t'.ESt:I'�sitkl7i tsaix]Exti 2�� F�''7 da�p'cl i-$ - _ _ _ _ _� ki. E •e �'°.-Yj S;'�' 37F Oil (f.w �y4 ti ; a Gt tawon. I:.; c"11 aFww crar 0. 51iieFr.e7:it L :k'm Final Report 56 Crowders Creek TMD1. Appendix X. Comments on the Crowders Creek TMDIa 4`'tNl 11s i:RW�� FFF��� TT II..,,II, ha..,Sltl tr4 jj"' ++l_ L-;. ife.=CJ,1 1:.1+.4 t!tRl,f]bxr:�.re ;js:.,3:r.�'t7.1`Lh��sc�,' dL4•�irisxfiFr:-amt:x�z t5ltifll ti. �iI!}I vVillct' iuXivi`luulunkftramh Nt. tlii'ivgul'A «'i!IcI'Q!i:tllly 1q,0 1x rdd �mfYibe t;rnl.t' kalcipl� ;cC''i u�!3.16J tiul;jhl: t:cttn ...-" i r.01vi-i011 Ctl:ck Fk-c:l i..alifc}rsts `lid DL fix tity�cll l xn.}intl thltsutln mt at I.Irzxllt .IFI€I fst5'IfrtnFT€trr,ul I::ulll l'.'I I;tiCi}}Ila:) il'L'll'a't:{I Ilr�t% r'Mi11i,i�,'fir,'.'ft„�I !J€Itdt° �.tx+.�l�'i1: `��!'�ti:1 I;:.dr;�rrtr,�i,l� l,ll.•II IL!v� F,�f.,k..l�'1'1 f14 1,1 teck'ttvi All id•!illlfrh i;,; I I ti�,11il, (:ILIWL-r'a t~malt iSILtL'i fle;ir GMS.I€:IEVY, Nc. ----rj f1'rw% ilia;l Yl,k& t.'VnE,'. SC:. 1114 MDE41-11 hits hC.V1 litnlll (41 tip i:lipuilyd by Ie cal. all: fo fill lfti['eclitl ilt 41111 ll:i3K =1 lltawd i';it b:tllt :Sti!1E lit , Tiv-,'I'Irf(i)•i..:Ils; r:l€ :� 7'.1 a reda4iisur in Is+alturi f11 f4uhtce. ti.14161ins Slot Inlowtut Sr1)IfliC sufllsvtUIticT.+lLiLIFuLLOw--i4wv WWI ill luid'fiiurntl:llitlns, 'I'lif: t:urf4 r,llllr.r.l,ni:urm kit t:-Z111 inli[�IItC}�l EY3:l the ilteMn Gi Ntlulb C.Ul ilEilt.i S'i:111+I 4WIlilj w-m!tflyd, The puideliltl'. lklirm-m II'.at Ilse lllilltry„7 ki araL mini 41 1'•Itdina will cnzlm:: (lie, str:iml lit rn.c hulb 111C-i:ISl:lFli:l;:i:r,�2.ut111 �.I;�illtl�CficsncLi lrittll .)I ZS"Abils (;wllw's ils�ttlrtf, 'Cpr. "tell?I, Illb" plrrritl� a lasgc"Urrlri n i11: Stfelti•, Tho TIT bl. will ;Fffccl Ihrrtr :10j4djiiLmd shm l Mina.. 0- V-023, cW-41•l. fnxi C:%V-I!17_; In :Ilt€li€i•':tl. Ni"i7VT'i Ilia, Ctita�*l: a e I'J 11401'ecl ra di:vF_II)p In 91171-1@ilWI1lLtlM f11:111 fiarl>hii, T'L';l'11' til`I)1X-:XlWTa €lueminnOn ih:,dam up ii fTsuw'duin Cwc4_ �II1r:i:f4l'i. !.III I,t�, [t Ef11^tll r.;1 1ti :Iha` Alwb iliilliel F.rit:'f -'w ill r tip: I I=Wliee. LVA IC.�pYt d Final Report pf,I.sls I .a L 11 I. Ifwlnrlle�l�t i! + S 1 10 L l 0 1., II .% ti 1 ti1 :, l 1' Olt- I I i, t. tt'; r tl l t l va}rs711c•liWtrrt � ti:,�*rolRw+:i�:+rl I'i.trstlll�!i!'lt3�,l� � .w.+rii><utl 57 Gastonia MS4 Review, NCS000429 May 19, 2004 KBP Background The City of Gastonia reports 66,277 permanent residents. The town is in Gaston County and the City's MS4 drains into the Catawba River Basin only, although a portion of the city limits (Crowders Mountain State Park) drains to the Broad River Basin. The zoning jurisdiction area is 57.58 square miles, and the MS4 area served is 44.18 square miles. Land use is reported as 27% residential, 2% industrial, 33% open, and 38% commercial. The application identifies fifteen major receiving waters, thirteen classified C, one classified B, and one classified WS-V. The responsibilities for elements of the Stormwater Management Program are spread throughout city and county government with approximately 16 different people or departments identified as contributing to the Program. Application review a) The four -page permit application has been signed and sufficiently completed. OK b) Section 7.1 Public Education - Sufficient content (year one actions, minorities and disadvantaged included by virtue of public school program, brochures, PLUS utility mail outs to home owners and businesses, TV spots, stream signage, storm drain labeling, cooperate with KGB, Big Sweep, and Stream Clean.) Web site not proposed, but considering the other extensive measures, ok. OK c) Section 7.2 Public Involvement - Sufficient content (Citizens' Advisory Panel input on the development and implementation of the program, PLUS volunteer drain marking, stream clean-ups, coordination with KGB.) OK d) Section 7.3 Illicit Discharges - Sufficient content (develop program, establish ordinance, mapping, dry weather flow inspections, training, PLUS mail out education efforts.) OK e) Section 7.4 Construction Site Runoff - Sufficient content (reliance on DLR program for sediment and erosion control, PLUS consider adoption of the superior Gaston County erosion program.) OK f) Section 7.5 Post Construction Management - Sufficient content (Commitment to adopt the Post Construction provisions of the Temporary Rule PLUS pre-existing city regulations with like objectives.) OK g) Section 7.6 Pollution Prevention and Good Housekeeping - Sufficient content (inventory of facilities, training, PLUS inspections, tracking tools.) OK h) Staffing and budget - Sufficient. The Management Program activities fall to a wide variety of departments and personnel, including the Citizens Advisory Panel. The city already has staff positions and departments addressing stormwater, and no new positions are indicated. No budget information is provided, but an administrative agency is already in place, presumably with adequate budget. OK i) Timing - Sufficient. Some public education BMPs start in the first year. Other minimum measures are timely. OK j) Measurable goals - Sufficient. OK k) Program is consistent with temporary rules in effect at the time of submittal. Program is approvable as is. September 7, 2004 subsequent review of Gastonia's MS4 Stormwater Management Program against the final provisions of Session Law 2004-163 and the Stormwater Management Rule (SMR): OK. Program is consistent with the Law and the SMR. Program is approvable as is. August 25, 2005 final preparation of the permit for signature with effective date of September 1, 2005. Selected public comments incorporated to accomplish minor changes in the permit. A►1s] Permit processing summary and public comments record The City of Gastonia, NCS000429 KBP 1. Application dated 3/6/03, received at DWQ 3/10/03. 2. Permit writer's review 5/19/04, rev. 9/7/04. 3. Advance courtesy copy of permit sent to Gastonia 9/28/04. 4. 10/18/04 comments from Gastonia along with a mark-up of the draft permit. Annotated comments on the draft are as follows. Public comment document control number 203. /o, a. Part I.4. - Gastonia's only authority in the ETJ is for zoning: request limit C17 �"�'�`'r requirement to only Gastonia's zoning jurisdiction in the ETJ. lVo b. Part I.7. - request eliminate the water quality requirement. IVb c. Part I.8(b). - request eliminate Division's option to require control of incidental waters. Yes d. Part II.A.1. - request substitute "mechanisms" for "authorities." �✓o e. Part II.A.5. - Gastonia cannot guarantee funding of the SMP. Request add "The permittee will, to the maximum extent practicable" maintain adequate funding..." C_o,,f ek rFf:� Part II.A.7. - request additional explanation that Gastonia may use another program to control construction site runoff. n/o g. Part II.A.8. - request rewording to "..to reduce the potential for pollutant loading..." And, request constraining responsibility of BMP maintenance and operation to the owners. IVo, h. Part II.A.11. - request rewording TMDL portion to impose no new requirements on Gastonia. No L Part II.B.2(a) - requests the removal of requirements for outreach to disadvantaged and minority communities. Alo j. Part II.B.2(b) and (d) - believes that some citizens cannot afford internet service, and proposes other means of outreach. No, k. Part II.B.2(c) - request delete as included in revised (a). Ao I. Part II.C.1(b) - request removal of economic and ethnic as components of the objectives of this minimum measure. Mo m. Part II.D.1(a) -- requests add "To the maximum extent practicable, detect..." I/o n. Part II.D.2. - request limiting applicability to extent authorized under existing N o. law rules and statutes. Part II.D.2(c) - request not to have to achieve complete identification of stormwater drainage system components. p. Part II.E.2(a) - requests avoidance of responsibility for sufficiency of the program by rewording to require only maintaining the local agreement with Gaston County. i✓a. q. Part II.E.2(b) - requests similar avoidance for management of construction site wastes requirement. /✓a r. Part II.E.2(c) - request delete requirement to educate construction site operators as not provided for in the law or rules pertaining. ZEH��Part ICounty II.E.(d)(e)(f) - request additional clarification of reliance on Gaston program. A16 t. Part II.F.1(b) - request replace "Ensure" with "Promote". y CC Part II.F.2(a) - request delay of develop and adopt an ordinance until the end of the second year because of resistance from developers. ^16lVo,v. Part II.F.2(b) - request avoidance of annual inspection reports on structural BMPs. Request editorial removal of "combination of". I- lV w. Part II.F.2(c) - request elimination of fecal coliform management requirement. x x. Part II.F.2(f) - comment related to a paragraph no longer present in the draft permit. Gastonia apparently wants to eliminate the requirement that the city be responsible in any way for fecal coliform management. X y. Parts II.F.2(h) and (j) - comments relate to sections no longer in the draft permit. /Vo z. Part II.F.3(b) - request model practices applicable only to areas within Gastonia's "zoning jurisdiction" instead of their "jurisdictional area." aa. Part II.F.3(b)(iii) - request eliminate model practice provisions wrt 1-year, 24-hour storm, drawdown time, 85% TSS removal, inclusion of 2H .1008(c) design criteria, and 30' buffer. Deed restriction requirements suggested to be replaced by mechanisms allowed under current statutes and regulations to insure subsequent development is consistent with approved plans. �� bb Part II.G.2(a) - request delay of o&m program development until year 3. ok cc. Part II.G.2(b) - request delay of inspection and evaluation until year 3. Editorial language change to remove the word "Specifically". dd Part II.G.2(d) - request delay of annual review of Phase I facilities to year 3. Editorial language change to remove the word "Specifically". No ee. Part III.1. - request removal of all references to monitoring and sampling here, and at all places in the permit. Part III.2(g) - request delete requirement for an annual report on areas of water quality improvement or degradation. f,�u✓ed gg Part IV.4. - request exclude notification of non -listed pollutants. Also request delete "quantity" in first sentence. No hh. Part IV.6. - request removal of 24-hour reporting requirement. Alo ii. Part V.A.1(a) - request delete entire paragraph for toxics due to implicit need for sampling and testing. /Vo jj. Part V.A.2 - request delete entire Duty to Mitigate paragraph due to implicit need for sampling. Mo kk. Part V.A.3 - request delete Gastonia's responsibility for consequential damages as the extension of liability is beyond the scope of Phase II requirements. /vo Il. Part V.A.8 - request delete entire paragraph on penalties for tampering. A/o mm. Part V.C.1-3. - request removal of all references to monitoring and sampling. nn. Part V.C.4. - request recognition that a private system may discharge into Gastonia's MS4, and that system and its discharge would be beyond _ Gastonia's control. yes! y s o 0o Part VIII.18,19,21 - request delete definitions of representative storm event, -� Section 313 Water Priority Chemical, and toxic pollutant. 5. 10/20/04 MRO sign -off on the draft permit. 6. 11/01/04 public notice published for the draft permit. 7. 11/08/04 letter to Gastonia notifying the city of the public notice and comment period. 8. 11/08/04 draft permit revised in accordance with some comments (TMDL) and posted on SPU website. 9. 11/12/04 public comment from Michelle Woolfolk on TMDL language in draft permit. Public comment document control number 204. 10. 12/03/04 comments from NCLM, public comment document control number 205. x a. Part II.A.1 - covered in Gastonia's comments IV6. b. Part II.A.11 - suggest clarify that TMDL required only if required. /�&r C-,, c. Part II.b - implementation schedules erroneously imply that cities have to ,5 "v eaf take action earlier than the law and rules require. Al'o d. Part II.D.2(b) - suggest constrain permittee's obligation to only enforcing existing rules and statutes, rather than obligating the permittee to establish such authority as may be necessary to prohibit illicit discharges. d/rear/J clear1 e. Part II.E. - clarify that a permittee may rely upon the existing state program. X f. Part II.F.2(k) - not applicable to Gastonia. /,/o g. Part VIII - suggest redevelopment definition revision as per session law. 11. 12/10/04 additional comments from Gastonia on the draft permit. Public comment control document 206. x a. Gastonia concurs with NCLM comments in 12/3/04 letter. �✓d b. Gastonia objects to any reference to testing, again. s�eci���s c. Gastonia objects to any permit language that extends their responsibilities beyond that indicated by the rules or statutes. yd. Many of the comments in this email are re -iterations of Gastonia's 10/18/04 comments and permit mark-up, and will not be repeated in this listing. Part I.1 - request clearly define the terms Stormwater Management Program, and Stormwater Plan. /��'•d f. Part I.7. - Gastonia cannot comply with the monitoring implied by this requirement that discharges shall not violate water quality standards. f/a g. Part I.8.(b) - request removal of the word "emergency" as a descriptor of fire fighting. /'1b. h. Part II.D.1(c) - Gastonia will comply with guidelines established by EMC for appropriate enforcement procedures and actions. Meaning, I guess, until the EMC establishes those guidelines, Gastonia has no obligation? X i. Part II.F.1(b) -- comment that the rules don't require the expansion of an MS4 to include treatment works. 12. 12/31/04 public comment period expires. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11 /6/2002 THE CITY OF GASTONIA DANNY CREW, CITY MANAGER P.O. BOX 1748 GASTONIA, NC 28053-1748 Subject: NPDES Phase lI Stormwater Program Danny Crew: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address Stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase 1I is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. We are writing to you to remind you that the City of Gastonia has been identified as being located within a census designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the City of Gastonia does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is March 10, 2003. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site. Our web address is http://h2o.enr.state.nc.us/su/storinwater.htm1. You may also contact us for hard copies of the documents. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwaler and General Permits Unit Files Mooresville Regional Office e�A 45ENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1- 800-623-7748 `0�0 11F \NATF Michael F. Easley, Governor G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P.E. Director Division of Water Quality 0 'C March 11, 2003 Joseph E. Bieker, PE Stormwater Administrator City of Gastonia P.O. Box 1748 Gastonia, North Carolina 28053-1748 Subject: NPDES Phase II Stormwater Program Application for discharge permit Application Number NCS000429 Gaston County Joseph E. Bieker, PE: The Division of Water Quality's Stormwater and General Permits Emit hereby acknowledges receipt of your NPDES Phase II Stormwater permit application package on March 10, 2003. The submitted package contained the required form SWU-264, comprehensive stormwater program narrative, and $715.00 application fee. A preliminary review of your application package has been conducted and it appears to be complete. No further information is required at this time. This application has been assigned application number NCS000429. Please include this number with all future correspondence. If you have any questions concerning this letter, please contact Mr. Darren England at telephone number (919) 733-5083, extension 545. Sincerely, Bradley Bennett Stormwater & General Permits Unit N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733.8053 NCDENR Customer Service 1 800 623-7748 �. w A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 28, 2004 Joseph E. Bieker, Stormwater Administrator 115 W.Second Avenue Gastonia, North Carolina 28053-1748 Subject; NPDES Permit Number NCS000429 City of Gastonia Dear Mr.Bieker: Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the City of Gastonia. Following an appropriate public notice and comment period, we anticipate this permit will become effective in the 4th quarter of 2004. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Friday, October 15, 2004. You will also have an opportunity to submit comments during the public comment period in November, 2004. If you have any questions about this draft permit please contact me at (919) 733-5083, ext. 584. Sincerely, Ken Pickle Permit Writer cc: Stormwater Permitting Unit Mooresville Regional Office ADgn N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Custorner Service 1-877-623-6748 Page I of 2 Lj�f [G CDf�1/17��i��aGl�'J4tPr) r1 From: To: Cc: Sent: Attach: Subject: "Bieker, Joe" <joeb@cityofgastonia.com> "Ken Pickle" <ken.pickle@ncmail.net> "Bombardier, Flip" <flipb@cityofgastonia.com>; "Pruitt, Felix" <felixp@cityofgastonia.com>; "Magee, Melissa" <melissam@cityofgastonia.com> Wednesday, October 20, 2004 8:34 AM NCS000429 Gastonia MS4 draft permit —draft response.doc RE: Draft MS4 permit October 18, 2004 Ken Pickle North Carolina Dept. of Environment and Natural Resources Division of Water Quality RE: Response to Draft Permit #NCS000429 Mr. Pickle: Please find attached the electronic copy of the above referenced document. We have incorporated our amendments using Microsoft Word. By way of annotation, we submit the following: ? In part I, §4 we wish to clarify that our authority ends at our City Limits, with the exception of certain zoning authority within the City's pre -specified extraterritorial jurisdiction (ETJ). The ETJ is limited and finite. There is no expectation that our ETJ will increase ever. Accordingly, we will exercise those zoning functions required there, but we cannot affect any other action in those regions. ? Part II, §A, sub§5, the City of Gastonia has established a freestanding, and self funding Stormwater Utility to address this permit. While a Utility provides substantial latitude with regards to funding, and the City is fully committed to managing the impacts of urban runoff, there are limits to our ability to guarantee funding. ? Part lI, § B, sub§2, T (a), the City of Gastonia does not discriminate on the basis of Race, Creed, Color, Gender, or Socio-Economic Status. We request the removal of such distinctions from our permit. ? Part 11, § B, sub§ 2,1(b)&(d), the -City -finds -that -while we -do •not -discriminate on the basis -of economic stems-mat-our�constituency-is ijhserved:by=the.-expectationahatahey canrafford'tlie_liigh-speed einternet connections•ne-cessa y-to•properly distribute-our-messag_ e ;We believe that other_media uch.as -aeributoRfour_messaGoverrmenAcess Cable,ttrts_h,oge. ? Part II, § B, sub§ 2,1(c), the last phrase is redundant to the modified T (a). ? Part II, § C, sub§ 1, y[ (b), as mentioned, the City requests the removal of language that favors any group over another. ? Part II, § E, sub§ 2, (c), we cannot find a foundation for requirement for educational material for Construction Site Runoff Controls in USEPA Stormwater Phase II guidelines, SB 1210, or the EMCs final rule. Accordingly we believe the requirement to provide these material exceeds the scope of phase 2 intentions. ? Part I1, § F, sub§ 2, certain processes cannot be undertaken without the enabling ordinance in place. It is expected that with the substantial burden to be placed on developers, there will be significant resistance to the adoption of this ordinance, it is therefore expected that such adoption will not be accomplished until the end of the second year. ? Part II, § F, sub§ 2, T (0, considering the degree of urbanization in the City of Gastonia, the only reasonable sources of fecal coliform are from domestic/industrial waste water systems. The City is currently discussing our collection system permit with the Division, and both our treatment plants are 1 /21 /2005 4 Page 2 of 2 under NPDES permits. This leaves only private wastewater treatment systems as a realistic source of fecals. The City has no authority, or capacity to manage, review, or otherwise address these systems as a source of fecal coliforms in our streams. We cannot meet any expectation that we should manage these sources in any way. ? Part II, § F, sub§ 2,1 (h), we would suggest that this paragraph would make more sense after (i), and ? Part II, § F, sub§ 2, 9[ (j}, we wish to discuss a regionally appropriate design storm. ? Part 11, § F, sub§ 2, y[ (j}, we wish to discuss a regionally appropriate detention/drawdown target, not to exceed 72 hours. ? Part II, § F, sub§ 2, T 0), we do not believe that the criteria in 15NCAC 2H.1008(c) are appropriate for our MS4, or the receiving waters. ? Part IV, as this permit does not require monitoring, charting, sampling, measuring or other such analysis, we request the removal of these references. ? Part II, § 6, due to the specific and administrative nature of this permit; at this time, the City cannot contemplate any discrete violation of this permit that could be tied to any 24 hour period. We feel this section is inappropriate, and request that it be removed. ? Part V, § C, sub§ t-3, as mentioned, we request the removal of references to testing, sampling, measuring, or other analytical procedures not otherwise mentioned in this permit. ? Part V, § C, sub§ 4, we request the recognition that an MS4 may be interconnected with private systems beyond the Municipality's control. <<NCS000429 Gastonia MS4 draft permit draft response.doc» -----Original Message ----- From: Ken Pickle [mailto:ken.pickle@ncmail.net] Sent: Monday, October 11, 2004 5:02 PM To: Bieker, Joe Subject: Draft MS4 permit << File: NCS000429 Gastonia MS4 draft permit.doc » Joe, Let me know if you have any questions. Ken 1 /21 /2005 Lam print Yl I1210(X)i 9: 1+ A Ni Qf9 (XFi;.A4PIAM I MMiJA 1- 40 AM NCS000429 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000429 TO DISCHARGE STORMWATER UNDER TI-tE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General standards and regulations promulgated and adopted by the Ni Management Commission, and the Federal Water Pollution( City of Gas is hereby authorized to discharge stormwater located: -215. 1, other lawful a En=vi -onmental pal separate storm sewer system within the City,of Gasto`iia Jurisdictional Area ,0�'Gaston,�:ounty to receiving waters Anthony Creek' ,'BessemEr Branch, Blackwood Creek, Burton Branch, Catawba Creek, Crowders Creek, 'Duharts,Creek, Jule Allen Branch, Kagler Creek, Long Creek, McGill Creek, Oates Creek, Rankin Lake, Robinwood Lake, and unnamed tributaries to them, all within the Catawba River basin in accordance with theEmiter-in i its, aiid conditions set forth in Parts 1, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission L L,,] printed I2s200S1,:s3AM12Nz00.3-; 4F,%U nP00444il0,W NCS000429 f! 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 MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: 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 NCS000429 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the City of Gastonia is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters Anthony Creek, Bessemer Branch, Blackwood Creek, Burton Branch, Catawba Creek, Crowders Creek, Duharts Creek, Jule Allen Branch, Kagler Creek, Long Creek, McGill Creek, Oates Creek, Rankin Lake, Robinwood Lake, and unnamed tributaries to them, all within the Catawba River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Stormwater Management Program -repel, that being Part 11 Sections B through G hereof, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, Stormwater Management Program Report, and any approved modifications. 2. 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. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. Except as set forth in section 4A of this part, This this permit covers activities associated with the discharge of stormwater only from the MS4 ✓ b areas as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future J-i,ffisdietienal ai-eas of the extents of the MS4, as well as areas that seek coverage under this permit through inter -local or other similar agreements with the permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 4A. For purposes of Section F of Part i1 of this pertnit, this permit shall cover the permittee's zoning jurisdiction. 5. The Division may deny or revoke coverage under this permit for separate entities and may require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. 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 Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are an enforceable part 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. Part I Page 1 of 2 N C S 000429 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 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 and may include: • 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 I5A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emei-genyfire fighting ON:rr■ Part I Page 2 of 2 NCS000429 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 MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal .,uthe=ice mechanisms, such as rules, regulations, ordinances. policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal auesmechanisms and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. Any changes to the schedule must he approved by the Director. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order 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 appropriate components of the Stormwater Plan to assure that, to the maximum extent practicable, illicit connections, spills, and illegal dumping into the MS4 are prohibited. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to Fnenitoi- and assess the performance of the various management measures that area part of the Stormwater Plan. This will include, but is not limited to, the provisions of this permit and the applicable provisions of the permittee's Stormwater Plan. The permittee will, to the maximum extent practicable, maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the permit application and in accordance with this permit. Per §7,(a),(1v) fo the permanent rule adopted by the NCEMC, the permittee may implement and enforce this program through another local program approved by the Department. Part II Page I of 12 NCS000429 The permittee will implement an appropriate 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 the potential for pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance by the owner of structural or non- structural SMPs. 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. 11. The permittee shall comply, within existing regulations, with any TMDL developed during the coverage of this permitAlithin one year after- reeeiving notiee that the either- to the impaiFed sti;eafn segment er to a tizibetafy of that stream segment and subm4 submit infer-mation on the leeation of eutfalls with the potential for- b b palkitant(s) E)f eeneein in the next sten:nwater- Plan annual repeFt due at least one yeaf after netise e� the TMPL. Subsequent annual Fepei4s shali iiielude the FestiltS Of the - The Division will eensidef the menitefing results in deteimining whethe additional BM?s are needed to eentr-el the pollutant(s) of cencern to the MaXiFYIHM extent {r-aetieabl;e. if additional BMPs are -needed to aehieve-the required level -ofeoflt-al.Thbe required to submit a timetable fief ineer-peration of these -BMPs into Part Il Page 2 of 12 NCS000429 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public 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 and shall notify the Division prior to modification of any goals. BMP Measurable Goals YR 11 'YR 2. YR • 3 YR 4 YR 5 (a) Establish a Public Education and Outreach Program Develop a public education program and implement within 12 months of the permit issue date. lneE .,-.,,,-.,te out, -each elements foi: r i fieant m fits .,9d disadvantage X X X X X ni b eemfflunjties,raroet all segments of the community, including households and businesses. x X x x X (b) sites Post n slettel. art.. les .. ties, ., QTT�iieti vi and (c) Public education materials for schools; Develop general stormwater educational material targeting school children. X X X (d) Public education material dissemination Distribute written material through various media including utility +Tva4er+tsbi 1 i inserts. X X X X X Part I1 Page 3 of t2 NCS000429 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public to participate in program development and implementation. (b) Reach out and engage fflie and ethnie groupsall segments of the community. (c) Comply with applicable State and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. Measurable Goals YR YR= YR. '`YR , - 1 �2x x 3 ' 5 : (a) Administer a Public Conduct a least one public meeting to X X X X X Involvement Program allow the public an opportunity to review and comment on the Stormwater Plan. (b) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation, (c) Establish a Citizens Establish a citizens advisory panel to X X X X X Advisory Panel review the Stormwater Plan, to review the annual report, and to advise the permittee on the Stormwater Plan. Part I1 Page 4 of 12 NCS000429 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. ObJectives for Illicit Discharge Detection and Elimination (a) Deto the maximum extent practicable, detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. 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 MS4. (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 general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs, to the extent authorized by law or allowable under existing rules and statutes, to mect the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. . MsuraheGoas YR.ei Y YR13MP u �, .. , 12, a ` 3' ;;4 „j 5' (a) Develop/Implement Develop and implement an Illicit X X X X X lllicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and Establish and maintain adequate legal X X X X maintain appropriate authorities to prohibit illicit discharges legal authorities and enforce the approved Illicit Discharge Detection and Elimination Pro ram. (c) Develop a Storm Identify and map, X X X X Sewer System Base locations of, and mappiftt4, stormwater Map drainage system components. At a minimum, mapping components include outfalls, drainage areas, and receiving streams. (d) Implement illicit Develop and (implement an inspection X X X X discharge detection program to detect dry weather flows at procedures system outfalls. 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. Part 11 Page 5 of 12 NCS000429 Eini lilGoa� Y1R� YgRI'R .M:`1. A`n� .. ..::.i�..�?-,..._ r� _ Sa c .-• Y. _- $ "`\ . .-'...i, _ lt.a: :#'PIk d ✓.:^ .rniS R.,.^-. i. z3 �. :: -. fix.. „4 .i :�: Continue to update the map of drainage system components on a priority basis per the approved Illicit Discharge Program. (e) Conduct employee Conduct training for municipal staff on X X X X cross -training detectin and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X X X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X reporting mechanism mechanism for the public to report illicit discharges. Part II Page 6 of 12 NCS000429 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction 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. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, for review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish 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. 2. BMPs for Construction Site Runoff Controls The permittec shall implement the following BMPs to meet the objectives of the Construction Site Runoff Controls Program and shall notify the Division prior to modification of any goals. BMI' Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 (a) Implement a program and establish a regulatory mechanism for erosion and sediment control Develop a-reg i' neehanism. . ., ,o�..,:,:,, . o.•Sio, .,,,tea ^br i X X X X X Mpleffle"i E)b , .,t , sites nt.-els onst.-uetien an' sediment pFoyiding eemplinee-Maintain inter -local agreement for the administration of the Gaston County Erosion Control and Sedimentation program. Maintain communication to encourage the effective administration of said program inside the City Limits. -am+ the_pei-mitte .,c o_1v.-•r.-. �I t�_�-.-+.+� pi 1'r 7 1�.�.r_s•ol..i,-.n the GaStn.i GOURt.e SOP EfO-S;--- On Sed4 Or-dinaneC'Th and Tentat;on GtTt1'tr-el to the that b y eNtent th��,• �,tkf:e��il_ofthe foil cpp�����r��r-��j�,,rv�i-r[� �zict�irc.rug.-v�-ir��tvr[v'vr'rrrb ijY P-s-. Part Il Page 7 of 12 NCS060429 AMR = ' Measurable Goals ` " YR: YR YR'. , YR YR- 1 2: 3 4 5'. (b) Develop Requ-tre-Through the Gaston County ECS X X X X X requirements on program, require construction site operators to construction site implement erosion and sediment control BMPs operators and to control construction site wastes that may cause adverse water quality impacts. (c) Provide New he developed by X X X X X fflatffiak Fnay educational and the peFmiaee may use materials training materials t^ ,dep*ad rr^r^ 6-theF ^ nd adapted for construction ttee'^ the peffflCORStFU66OR FURE4 C;(,^tFOIS site operators Pr-egr-affl.Encourage operator participation in the Gaston County ECS annual training program. (d) Institute plan Iry -Through the Gaston County ECS X X X X X reviews program, review construction plans and establish procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public EstablishDevelopand implement procedures X X X X X information for receipt and consideration of erosion and procedures sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish EstabiisTThrough the Gaston County ECS X X X X X inspection and program, implement procedures for site enforcement inspection and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. Part II Page 8 of 12 NCS000429 SECTION F: POST-CONS'l'RUCTION S1'CE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Ensure Promote long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's stormwater management ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. BMP - Measurable Coals YR YR YR YR' •YR, 1 2 31. 4 5 (a) Establish a Post- Construction Site Runoff Controls Develop, adopt by -ordinance (or similar regulatory mechanism), implement, and enforce it program to address post - X X X X X Program (hereafter construction runoff controls for new the Program) development and redevelopment. The ordinance must be reviewed and approved by the Department prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies which include BMPs Develop and implement strategies that include a eembi^afien of structural and/or X X X X X appropriate for the non-structural BMPs. MS4. adequate long-term operaTo a'nd maintenance of structural BMPs. keqtiii�e Part I1 Page 9 of 12 NCS000429 fe6 l 6614 M tO rhaand implement an eversight program to FaaXifflUM to r must eeer-dinate this p;-egr-am with the e9unty health do .,.4Ffl ..,r 3. The evaluation of Post -construction Stormwater Management Program measures. (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I - WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the - zoning jurisdiction of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are 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. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: Part II Page 10 of 12 NCS000429 (c) (d) (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the unapproved design storm. R, A 1, .a.- ElOW tifflo FREISt be H FfliHifntiffl E-2n h, h,.t E+ designed aN,efage annual removal oftotal suspended solids-, r • . �a r sui-faGe waters; and, (E) Deed res venants are required by the leeally I'o the extent allowed under existing statutes and regulations, the permittee shall develop and maintain mechanisms to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part I1 Page 1 1 of 12 NCS000429 J SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. . BMP . Measurable Goals` " YR. YR -YR YR 'YR . .. _ . 1 z.� 3 4 .S (a) Develop an operation Develop an operation and maintenance -x x X X Ix and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and -x X X Ix evaluation of facilities operations owned and operated by the and operations permittee with the potential for generating polluted stormwater runoff. Speci€ eall in ee'Inspect'We potential sources of polluted runo4, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X pollution prevention and good housekeeping procedures. (d) Review of municipally Conduct an annual review of the industrial x X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Specifieally r-eviewReview the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part I1 Page 12 of 12 NCS000429 PART [II PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaker�nrdi utmt limited to, °� sampling, inspections, maintenance actiry+Hes; e&= ienal programs, implement;atie�-e IMPS —and enforcerrrer►tacti-oTm. 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 rccluest. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and Fnenitoi-milg information to the Division on an annual basis. This information will be submitted by [Set date two months after permit year's end] of each year and cover the previous year's activities from [Insert start date] to [Insert end date]. 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: (a) 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. (b) 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.). (c) 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. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) 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 Part Itl Page I of 2 NCS000429 f review of the storm sewer system, education, training, and results of the illicit discharge detection and elimination program. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the 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. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part I Q Page 2 of 2 NCS000429 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Monitoring Records The permittee shall retain records of all monitoring information, including all Galibration I m nie rune. . eeerds d all original ehnrt i-eeo •dings Fes,.• continuous MoHi �.-..i5 r-r �.t,vi c� i t, strame nt„tio and copies of all reports required by this permit for a period of at least five years from the date of the , report, or application. This period may be extended by request of the Director at any time prior to the end of the five year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official, or duly authorized representative. A person is a duly authorized representative only if: (1) The authorization is made in writing by a principal executive officer or ranking elected official; (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 environmentallstormwater 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 Part IV Page I of 3 NCS000429 information, including the possibility of fines and imprisonment for knowing violations." 3. Recording Results For each measufement, sample, inspection, or maintenance activity performed of ^'leeted pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of sampling, mo ffients inspection, or maintenance activity; (b) The individual(s) who performed the inspection, or maintenance activity; (c) The date(s) analyses were performed; (d) The individual(s) who performed the analyses; 4. Planned Changes The permittee shall give notice to the Director as soon as possible�of any planned changes or activities which could significantly alter the nature of Eluantitr of the proposed Stormwater Plan.pollatarits diseharged. This t}et-i€ieati mt includespollutants which aFe not specifically listed in the permit or subjec+te Mit-g 5. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes which may result in noncompliance with the permit requirements. Part IV Page 2 of 3 NCS000429 a 7. Annual Reporting The permittee will submit reporting and meniteii — information on an annual basis per Part lII of this permit on forms provided by the DWQ. S. 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. 9. Other information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 3 of 3 NCS000429 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. 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. IN r r IN 1101111 l a (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 $27,500 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 I 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 $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 13 t9 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 Parts V, VI, VII & VIH Page I of 9 NCS000429 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. §370I note) (currently $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class U penalty not to exceed $ l 37,500). IPTMPNP.vr or Y l�l�liflY��V r1il Y�lirr �a�Il�Ll•9ll 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. even though the responsibility foi- effective eempliHnee may be tempoi-ar0y 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 permittce is or may be subject to under NCGS 143-215.75 et sect. or Section 31 1 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. Parts V, VI, VII & VIII Page 2 of 9 NCS0004-9 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 to be kept by this permit. N4171`0 P, 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. SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of tre tffie t and ,., ,tree (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. —Leper epefation Parts V, V1, V1I & V11I Page 3 of 9 NCS000429 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. SEC'rION C: MONITORING AND RECORDS ON 4 3. Test 11'r-eced u res 4.1. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, 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; Parts V, V1, VLI & Vill Page 4 of 9 NCS0004?9 (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 (ineltiding, Rd eeotrel went), practices, or operations regulated or required under this permit; which are under the permitees control, and (d) Sample of at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, a7ay substances er pafafnetexs at any location that is under the permitees control. 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 143-215.613 or in Section 309 of the Federal Act. 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 2H .0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering 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. Parts V, VI, Vll & V111 Page 5 of 9 NCS000429 PART VIII DEFINITIONS Act See Clean Water Act. 2. 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). 3. 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. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. 5. Director The Director of the Division of Water Quality, the permit issuing authority. 6. EMC The North Carolina Environmental Management Commission. 8. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 3 l I of the Clean Water Act. 9. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges Pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. Parts V, VI, VII & VIII Page 6 of 9 NCS000429 10. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 11. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (1) Owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 12. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 13. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water- bodies, Parts V, VI, VIl & V1I1 Page 7 of 9 NCS000429 minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage 1nfiII development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) 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. 14. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 15. Permittee The owner or operator issued this permit. 16. 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. 17. Redevelopment Means any rebuilding activity other than a rebuilding activity that; (1) Results in no net increase in built -upon area, and (ii) Provides equal or greater stormwater control than the previous development. �0 Ca�.�;,ti., 2 � Z 111/.,ro.• D.•;.,.•:r„ �l•1E}1�}Ei3-1 s Parts V, VI, VLI & VIM Page 8 of 9 Parts V, VI, VLI & VIM Page 8 of 9 NCS00042 9' Y 1 R RIR�I:�lls7T. AlT1E'L!'J��:!{ f1. SM r Y a I � ■ I 20. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Parts V, VI, VII & VIII Page 9 of 9 o�(3� W A O Y Michael F. Easley, Governor William G. Ross Jr., Secretary pf North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen M. Sullins, Deputy Director = 6 ivIs1on.of CWaret;QualityT •AN11 KI&TIIr,f,t nnon1lnnm-n STAFF REVIEW AND EVALUATION MOORES!- "tom GFFICE NPDES Stormwater Permit }� Facility Name: City of Gastonia NPDES Permit Number: NCS000429 OCT 0 1 2004 Facility Location: City of Gastonia Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Anthony Creek, Bessemer Branch, BirkWo di Creek � Burton Branch, Catawba Creek, Crowders Creek, Duharts Creek, Jule Allen Branch, Kagler Creek, Long Creek, McGill Creek, Oates Creek, Rankin Lake, Robinwood Lake, and unnamed tributaries to them. River Basin: Catawba River Basin Stream Classification: B, C, WS-V Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable Response Requested by (Date): October 15, 2004 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) ) � J Date Gi ,o A, Stormwater Permitting Unit Supervisor Date -J 140A 61 T� Concurrence by Regional OfficAPP? - 112-ee Date 11011, Water Quality Supervisor Date N. C. Division of Water Quality IG 17 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 A NCDE"NR Customer Servicc 1-877-623.6748 1941M Kula ION I-bi CO I I Loroll—myl—IT-411 10, GASTON GAZETTE 1893 REMOUNT RD. P.O. BOX 1538 GASTONIA, N.C. 28053 54260055 AD NUMBER If you're not a Gazette subscriber, you can aubscribeto the weekend at half price for B months. Simply check the "Yea" box below and add $21.00 to yourdue amount. New orders only. No mall Dlyduot '6 2.00 if paid ,within 10 days subacriptione. TIMESRUN ,;' -`CLASS START4DAYi-{t eSTOP`.pAY,€ - AQ TAKER LINES, 1 1 /01/04 /01 /04 RPh i l bec 56 _ _ `. _ - _ .._ _ -..KEEP THIS.STUB FOH YUUH HEGQRUL _ _ _ _ _ - - - - _ , AST DUE PAFTER 10 DAYS. A $20.00 CHARGE `WILL BE ADDED TO ALL RETURNED CHECKS. Yeal 1've added $21.00 to my payment.- - .'PAY THIS AMOUNT.r� 116. 24 AD NUMBER,i C • ' 55 PUBLIC NOTICE STA TO: 30292309 NCDENR/DWG?/NPDES Attn. Carolyn Bryant 1617 Mail Service Center Raleigh NC 2769.9--1617 i itify that th, -PLEASE RETURN THIS STUB WITH YOUR REMITTANCE NPDES PHASE II STORMWATER PERMIT Measuring 5.77 Inches appeared in The Gaston Gazette, a newspaper published in Gaston County, Gastonia, NC, in issues: NOVEMBER 01, 2004 ME s Linda Seiboth Legal Advertising Swo' to an _ ' � I Yre me his 1 day of , 2004 tR y f ' r Carla Norris Potter, Notary Public My Commission Expires September 14, 2008 The Knight Publishing Co., Inc. Charlotte, NC North Carolina } ss Affidavit of Publication Mecklenburg County} THE CHARLOTTE OBSERVER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - y - - - - - - - - - - - - - - - - - - - - - - - - - - - NCDENR/DWQ/NPDES CAROLYN BRYANT 1617 MAIL SERVICE CTR RALEIGH NC 27699-1617 REFERENCE: 30045571 5282994 YP/Public Notice Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared,. being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of the Knight Publishing Company a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg and State of North Carolina and that as such he/she is familiar with the books, records, files and business of said Corporation and by reference to the files of said publication the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. PUBLISHED ON: 11/01 _ I PUBLIC NOTICE ' —STA OF NORTH CARLINA ENVIRONMENTAL TN ALL MANAGEMENTO OCOMMISSION 1617 MAIL SERVICE CENTER The &.RALEIGH, NORTH CAROLINA 27699.1817 y of Gastonia has appfretl for an Ni Phase If Stormwster Permit it: tlischai storrnwatar from their municipal separate Storm sewer system (MS4) located within the Gly of Gastonia ffurlsdictional area, Gaston Courrty to recaving,watera, Anthony Crepi�, Bessemer Branch, BlRckwood Creak, Burton Branch, Catawba Crook, Crowder, Creak, Duharts Creek, Julie Allen Branch. Ke I(N Creek, Long McGill Creek, Oates Creek, Rankin Lake, Robmwood Lake and unnametl tributaries to them, all within the Catawba River Basin. Copies pf the tlreh permit No. NCS0pp429, are available at . -- Ken Pickle or by oorltoclinp; NG Division of Water Ouahty 1617 Mail Sari Canter Raleigph, NC 27699.1617 _ Telephore Number: (919) 733-5pW, extension 5a4 Ken.pickl o(pncrRai I. ne l All comments and request should reference draft permit number VLP52a-:994 AD SPAC 6 LINE FILED O 1./0 4 ----- - --- - - + - - -- ---------- - _f-- - - - ------ NAME: C TITLE: _ _ _— — DATE: NOV 9-ZOO------- In Tes imony Whe f I have hereunto set my hand and,af e my seal, the day and year afo gaid. e Note j�[� — ---- My Commission Expires:--/--/—T W Commts9ion Expires May 17, 2006 Re:.QUistion re stormwater permits Subject: Re: Question re stormwater permits From: Michelle Woolfolk <michelle.woolfolk@ncmail.net> Date: Thu, 04 Nov 2004 13:29:23 -0500 To: Ken Pickle <ken.pickle@ncmail. net> CC: Bradley Bennett <bradley.bennett @ ncmail. net>, Mike Randall <Mike.Randall @ ncmai1.net> Dang it, you made me go back and pay attention!!! Here it is.... Hickory (subject to Clark Creek fecal TMDL. It seems to me that all the counties on the web site should have this clause since there are impaired waters and/or TMDLs in each of those counties. Also, the Jordan Lake TMDL will probably include Eton College -- do you want to have the language in there now? Michelle Ken Pickle wrote: Michelle, Thanks for checking. I was the permit writer for Gastonia, I knew they had non -supporting waters, and I thought that I had added the TMDL language to their permit. Looks like a glitch from my desk. Thanks, again for checking. We'll have to add it in the final version of the permit. It was our intent to add the TMDL language to each draft permit with impaired waters, non -supporting waters, or an assigned TMDL. Thanks again for checking. Any others that you saw? Ken Michelle Woolfolk wrote: Hey guys, I glanced through the stormwater permits on the web site and have a question: / Several municipalities that are subject to TMDLs do not have the TMDL language under Permit Conditions (e.g., Gastonia). Is there a rationale for this? Several other permits that are not subject to TMDLs also don't have the permit language, but I know they will be subject to a TMDL in the near future. Is there a rationale for excluding the TMDL language from specific municipalities? mew 1 of 2 l 1/4/2004 1:38 PM Re: r,:�ion re stormwater permits f , -Q� � �dC 6t_- C1o�--d 2.0A— Subject: Re: Question re stormwater permits From: Michelle Woolfolk <michelle.woolfolk@ncmail.net> Date: Fri, 12 Nov 2004 14:05:07 -0500 To: Ken Pickle <ken.pickle@ncmail.net> CC: Bradley Bennett <bradley.bennett@ncmail.net>, Mike Randall <Mike.Randall @ ncmai 1. net> OK, here are a few more Elon College (part of the Jordan watershed) Hickory (Clark Creek, CTB) Alamance Co (Jordan watershed) Forsyth County (Salem and Muddy Creeks - TMDL will be completed next year) High Point (Richland Cr (CPF), Muddy Cr (CPF), East Fork Deep R (CPF), Rich Fork (YAD) fecal and turbidity TMDLs). Another question: Do we have to approve the monitoring plan? What if DWQ doesn't get the data we want (i.e., the municipality chooses to monitor something that is completely worthless)? where is the check for that? Michelle Ken Pickle wrote: Michelle, Thanks for checking. I was the permit writer for Gastonia, I knew they had non -supporting waters, and I thought that I had added the TMDL language to their permit. Looks like a glitch from my desk. Thanks, again for checking. We'll have to add it in the final version of the permit. It was our intent to add the TMDL language to each draft permit with impaired waters, non -supporting waters, or an assigned TMDL. Thanks again for checking. Any others that you saw? Ken Michelle Woolfolk wrote: Hey guys, I glanced through the stormwater permits on the web site and have a question: Several municipalities that are subject to TMDLs do not have the TMDL language under Permit Conditions (e.g., Gastonia). Is there a rationale for this? Several other permits that are not subject to TMDLs also don't have the permit language, but I know they will be subject to a TMDL in the near future. Is there a of 2 1 1/12/2004 2:39 PM Re: Qu ion re stormwater permits r rationale for excluding the TMDL language from specific municipalities? mew MICHELLE WOOLFOLK NCDWQ PLANNING BRANCH 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 PH:919/733-5083 x505 FX:919/715-2941 Michelle.Woolfolk@ncmail.net; 2 of 2 11 / 12/2004 2: 39 PM \PJ A.7-Michael F. Easley, Governor RQ� William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0) 7 Alan W. Klimek, P. E. Director Division of Water Quality �i Coleen 11. Sullins, Deputy Director Division of Water Quality November 8, 2004 .toe Bicker. Stormwater Administrator POB 1748 Gastonia. North Carolina 28053-1748 Subject: NPDES Permit Number NCS000429 Cify of Gastonia Dear Mr. Bleker: On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210) - Phase II Stormwater Management. The Governor signed the bill on August 2, 2004. This bill addresses implementation of the federal NPDES Phase II stormwater program in North Carolina. In S 1210, the General Assembly provided a framework that will allow state and local government agencies to begin implementing the program. The bill establishes minimum stormwater management requirements for municipal storm sewer systems and also applies stormwater controls to some developing areas around these municipalities. Phase 11 Draft permits for local governments were publicly noticed the week of November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's permit has been noticed and copies of the draft permit are available at: http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm We took forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. All comments and request should reference draft permit number NCS000429. Please provide your comments by Friday, December 10, 2004. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 584. Sincerely, Ken Pickle cc: Stormwater Permitting Unit Mooresville Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 NC©ENR Cuslomer Service 1-877-623-6748 IL Fab «c�.� �a��r G�d� � #-- December 3, 2004 Mr. Mike Randall Environmental Engineer NC Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Comments on Draft Phase II Individual Permits issued to notice•on November 1, 2004. Dear Mike: On behalf of the North Carolina League of Municipalities, and our 123.members subject to the Phase II NPDES Stormwater permit requirements, i am submitting, comments on the draft permits issued'November 1, 2004. These comments are in addiiion4o comments submitted by the individual cities and should not be construed to be in conflict with those comments on their individual permits. Program Implementation Part II, Section A(1)(a) The first sentence of this section,implies that cities are required to create a new authority in order to implement the Phase II program. - We suggest that this sentence be rewritten to read, "The permittee will develop and maintain adequate legal mechanism; such as rules, v regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan." TMDL Language Part II, Section A(1)(k) This language appears to establish a new program implementation goal beyond the six minimum measures required by the federal rule. Based on -my conversations with you and other members of the Division of Water Quality staff, this provision' will undergo a substantial rewrite to clarify that the additional requirements are only necessary if and when a TMDL is established within a permittee's jurisdiction. This is an important clarification and should be clearly communicated to all the permittees. Implementation Dates The draft permits create a false impression that permittees are required to implement the six minimum measures earlier than required under current statute or rules: Under the federal rule, permittees will have 5 years to fully implement their Phase` IL, program. Senate bill 1210 requires that the post construction minimum measure be' Jmplemented within 24 months of the date of permit issuance. Throughout both the template permit and draft permits issued to Phase II cities, minimum measures are required"to be implemented within the first year. No permittee should be required to implement the minimum measures prior to what is prescribed by the federal rule, legislation, or relevant provisions of the temporary rule. Illicit Discharge Part 1I, Section D(2)(b) Please clarify the intent of this section. As discussed under program implementation above, this language suggests that permittees must seek new authority to implement their program. The first sentence in Section D(2) should be rewritten to read, "The permittee shall implement the following BMPs to the extend authorized by law or allowable under existing rules and statutes." Municipalities have authority in existing statutory law to implement the illicit discharge and detection program as to their MS4. Permittees should not have to seek additional authority to implement this minimum measure. Construction Site Runoff Controls Part II, Section E Based on comments received from our member cities, it is unclear that a city may rely upon the existing state program to meet this minimum requirement. Please incorporate this clarification where appropriate. Post Construction Site Runoff Controls Part 11, SectionF(2)(k) Draft permits issued to municipalities located within CAMA counties set the density threshold 12 percent. This provision is not consistent with current regulations or legislation. A reduced density threshold should not be imposed on the permittee unless agreed to by the permitee, or otherwise required by statute or regulation. .5 Definitions Part VIII, Number 17. Senate bill 1210 clarified the definition of redevelopment. The new, clarified version of the definition should be included in the permit. Thank for you for the opportunity to comment on the draft individual Phase II permits. Please contact me should have any questions. We look forward to the opportunity to comment on the draft Phase II general permit in the coming months. Sincerely, , Anita S. Watkins cc: Robin W. Smith, Assistant Secretary for Policy and Programs, DENR imap://ken.pickic%40dwq,denr.ncniai 1. net @ cros.ncmai 1.net:143/fete... Subject: Response to Draft Permit NCS000429 � �~ From: "Bieker, Joe" <joeb@cityofgastonia.com> Date: Fri, 10 Dec 2004 09:48:31 -0500 To: <ken.pickle@ncmail.net> CC: "Bombardier, Flip" <flipb@cityofgastonia.com>, "Pruitt, Felix" <felixp@cityofgastonia.com>, "Jordan, Matt" <mattj@cityofgastonia.com>, "Magee, Melissa" <melissam@cityofgastonia.com>, <awatkins@nclm.org>, <jspurrel1@nclm.org> Mr. Pickle: The City of Gastonia has received and reviewed the draft permit (#NCS000429) for discharge of storm water to the waters of the state. In general, we find that this document is in line with the guidelines of the EPA for Phase IT programs and our application under SWU-268-103102. However, there are several issues that do not appear to fit into these guidelines, nor our permit application, nor the existing rules or statutes pertaining to this issue. As such, we must begin by voicing our concurrence with the issues presented by the NCLM in their correspondence with Mr. Randall, dated December 3, 2004 (please see Attachment A). Additionally, we must categorically protest any reference to testing, sampling, monitoring, measuring, and the like. These references imply a degree of responsibility for water quality not mentioned in any other Phase II guideline either from the S or the USEPA. Furt ermore, w i e we recognize that this permit is Fnot the only expression of our responsibilities to water quality, and that s/ cross-references help the Division to maintain oversight of water quality matters, we do not agree with any permit language that extends any other scope of responsibility, or our Phase 11 responsibilities beyond those indicated by approved rules or statutes. in attached the electronic copy of the above referenced document (Attachment 9). We have incorporated our amendments using Microsoft Word. By way of annotation, we submit the following: On the title page, this permit does not have any conditions or requirements Ior testing or quantitative monitoring. We wish to remove such references. In Part I, §1, we wish to clearly define the terms "Stormwater Management Program", and "Stormwater Plan". in Part I, §4, we wish to clarify that our authority is contained within our City Limits, and to only those stormwater pipes we own and maintain; with the exception of certain zoning authority within the City's pre -specified extraterritorial jurisdiction (ETJ). The ETJ is limited and finite. There is no expectation that our ETJ will increase in the future. Accordingly, we will exercise those zoning functions required there, but we cannot affect any other action in those regions. For this reason, we would request the addition of §4A.. Part I, §7; while we will move forward with plans to take steps to reduce the /j impacts of urbanization on the waters of our community, we cannot commit to the ✓ monitoring implicit in such as guarantee as this section implies. Part I, §8, sub§(b); we feel the adjective "emergency" to be inappropriate, and request its removal, and we request that while it is within the authority of the Division to re -open this permit, without testing (for which we should not be held responsible), there is no expectation that any of these permitted discharges would ever contribute to water quality issues in our MS4. Part II, §A, sub51; per the recommendations of our legal staff and the NCLM. Part IT, §A, sub§4; undue reference to monitoring, testing, sampling etc. Part II, §A, sub§5; the City has established a freestanding, and self funding Stormwater Utility to address this permit. While a Utility provides substantial latitude with regards to funding, and the City is fully committed to managing the impacts of urban runoff, there are limits to our ability to guarantee funding. Part I1, §A, sub§7; as noted, the approved and adopted rule allows for utilization of other stage or local programs meeting these goals. It is not our intent to shirk this responsibility, but to clarify our authorization to utilize other approved programs. Part IT, §A, sub§8; this phase of the Stormwater guidelines does not indicate a need for testing. Without testing, firm guarantees appear inappropriate. The City will endeavor to implement BMPs in an effort to reduce loadings. Part II, §A, sub§11; the City can find no basis for these new requirements in 143 12/10/2004 1 1:59 AM i m ap://ken. pic k 1c%n4Odwq.denr, nc mai 1, net @ c ms. nem ai 1. net:143/fete... SB1210 or the EMCs final rule as referenced in SB 1210. We stand willing to work with any TMDLs under the current TMDL program and regulations. Part II, § B, sub§2, I (a); the City does not discriminate on the basis of Race, Creed, Color, Gender, or Socio-Economic Status. We request the removal of such distinctions from our permit. Part II, §B, sub§2, I (b)&(d); the City finds that while we do not discriminate on the basis of economic status, that our constituency is ill served by the expectation that they can afford the high speed internet connections necessary to properly distribute our message_ We believe that other media such as Government Access Cable, and utility bill inserts are superior media for the distribution of our message. Part II, §B, sub52, I (c ); the last phrase is redundant to the modified 4 (a) . Part II, §C, sub§1, I (b); as mentioned, the City requests the removal of language that favors any group over another. Part II, § D, sub§1, Y(c ); the City will comply with the guidelines established by the rule adopted by the EMC. - Part II, §E, sub§2; the Rule and SB1210 clearly authorize the utilization of another approved program. Part II, §E, sub§2, I (c ); we cannot find a foundation for requirement for educational material for Construction Site Runoff Controls in USEPA Stormwater Phase Il guidelines, SB 1210, or the EMCs final rule. Accordingly we believe the requirement to provide these materials exceeds the scope of Phase 2 intentions. However, we will to encourage the participation in the program required of the Gaston County Ordinance and Program. Part II, §F, sub91, T(b); neither the Rule nor SB1210 require an expansion of the MS4 to include Ltreatment works) The City will establish appropriate mechanisms for the pursuit of the goal of promoting (to the extent of requiring within said mechanism) Long term operation and maintenance of BMPs. - Part II, §F, sub§2; certain processes cannot be undertaken without the enabling ordinance in place. It is expected that with the substantial burden to be placed on developers, there will be significant resistance to the adoption of this ordinance, it is therefore expected that such adoption will not be accomplished until the end of the second year. Part II, §F, sub§2, 1(b); we find the phrase "a combination of" confusing, and do not believe its removal changes the intent of this paragraph. Part II, §F, sub§2, 1(b); the City will exercise appropriate authority to pursue the goal of long-term operation and maintenance. Part II, §F, sub§2, 1(b); it remains to be determined what management steps will be appropriate to pursue the above referenced goals. art I §F, su ng a degree of urbanization in the City of Gastonia, the only reasonable sources of fecal coliform are from / domestic/industrial waste water systems. The City is currently discussing our / collection system permit with the Division, and both our treatment plants are under YYY NPDES permits. This leaves only private wastewater treatment systems as a realistic source of fecals. The City has no authority, or capacity to manage, review, or otherwise address these systems as a source of fecal coliforms in our streams. We cannot meet any expectation that we should manage these sources in any 3gay. ar , su § I we wish o clarify mi e authority. Part II, §F, sub§j, 1(b), sub-1(iii); since this is a permit specific to the City's MS4, we feel it would be most appropriate to determine goals that are significant to this region. Part IV; as this permit does not require monitoring, charting, sampling, measuring or other such analysis, we request the removal of these references. Part 11, §6; due to the specific and administrative nature of this permit; at this time, the City cannot contemplate ariy discrete violation of this permit that could be tied to any 24 hour period. We feel this section is inappropriate, and request that it be removed. Part V, §A, sub§1; T(a), references to 307(a) are not appropriate to this permit due to the implicit need for sampling and testing Part V, §A, sub§2; while inputs to the MS4 are discrete and finite, they number greater than 8,000 in the City, the implication for the need for sampling should be removed. Part V, §A, sub§3; the extension of liability is beyond the scope of Phase II requirements. Part V, §A, sub§8; there are no measuring or monitoring technologies required in this permit; therefore, this section is un-necessary. 2 of 3 12/10/2004 1 1:59 AM y imap:Hken.pickle%40dwq.(Ienr.ncmai 1.net @ crns.ncmai I.net:143/fete... Part V, §B, sub§l; since there are no quantitative measurements in this permit, there is no need for the technology described herein. Part V, § C, sub§ 1-3, as mentioned, we request the removal of references to testing, sampling, measuring, or other analytical procedures not otherwise mentioned in this permit. - part V, §C, sub§4; we request the recognition that an MS4 may be interconnected with private systems beyond the Municipality's control. Part VII, as we understand, this fee should simply be administrative in nature; there should not be a need for testing, monitoring, sampling or the like. Part VIII; several definitions are recommended for removal as the terms do not appear in the permit. We appreciate the opportunity to comment. We look forward to working with the Division to finalize this permit, and await your expeditious response to our comments. <<formal response to second draft permit.doc>> <<NCMLtoDWQ_120304.pdf>> Joe Joseph E. Bieker, PE City of Gastonia Stormwater Utility Administrator POBox 1748 Gastonia, NC 28053-1748 704-869-1062 joeb@cityofgastonia.com 3 of 3 12/10/2004 1 1:59 AM f imap://ken.pickle%n40dwq.denr.ncmai1.net@cros.ncmai].net:143/fete... Subject: Response to Draft Permit NCS000429 From: "Bieker, Joe" <joeb@cityofgastonia.com> Date: Fri, 10 Dec 2004 09:48:31 -0500 To: <ken.pickle@ncmail.net> CC: "Bombardier, Flip" <flipb@cityofgastonia.com>, "Pruitt, Felix" <felixp@cityofgastonia.com>, "Jordan, Matt" <mattj @cityofgastonia.com>, "Magee, Melissa" <melissam@cityofgastoma.com>, <awatkins@nclm.org>, <jspurrell@nclm.org> Mr. Pickle: The City of Gastonia has received and reviewed the draft permit (#NCS000429) for discharge of storm water to the waters of the state. In general, we find that this document is in line with the guidelines of the EPA for Phase II programs and our application under SWU-268-103102. However, there are several issues that do not appear to fit into these guidelines, nor our permit application, nor the existing O rules or statutes pertainin to th,is_i.ssue. � As -such, we must begin by voicing our concurrence with the issues presented b�see NCLM in their correspondence with Mr. Randall., dated December 3, 2004 (p ease c en i iona y, we mus ca egorica y protest any re erence testing, ampling, monitoring, measuring, and the like. These references imply a egree o re'Sponsibil'ity or water qua"-ity not mentioned in any other Phase II guideline either from the State, or the USEPA. Furthermore, while we recognize that this permit is not the only expression of our responsibilities to water quality, and that cr ss-references het the Div's'on to maintain oversight of water quality matt we O do not agree with any permit language that extends any other scope o responsibility, or our Phase II responsibilities beyond those indicated by approved rules or statutes. Please ind attached the electronic copy of the above referenced document (Attachment B). We have incorporated our amendments using Microsoft Word. By way of annotation, we submit the following: On the title page, this permit does not have any conditions or requiremen t for testingor quantitative monitoring. We wish to remove such references n ar we wzs to clearly define t e terms "Stormwater Management jN Program", and "Stormwater Plan". �n ar —I; 94, o c arify that our authority is containe within our ity Limits, and to only those stormwater pipes we own and maintain; with the O exception of certain zoning authority within the City's pre -specified extraterritorial. jurisdiction (ETJ). The ETJ is limited and finite. There is no expectation that our ETJ will increase in the future. Accordingly, we will exercise those zoning functions required there, but we cannot affect any other action in those regions. For this reason, we would request the addition of §4A.. .I- we will move forwar witlans to`lake steps to reduce the impacts of urbanization on the waters of our community, we cannot commit to the monitoring implicit in such as guarantee as this section implies. t 8, su b we fe'erChe- adjective "emergency" to be inappropriate, Q and request its removal, and we request that while it is within the authority of the Division to re -open this permit, without testing (for which we should not be held responsible), there is no expectation that any of these permitted discharges would evesrik�u e to__�w_ate q j,ty issues n our M. 4. Part II, §A, sub§l; per the recommendations of our legal staff and the NCLM:0 Part II, §A, sub§4; undue reference to monitoring, testing, sampling etcQ Part II, §A, sub§5; the City has established a freestanding, and self funding Stormwater Utility to address this permit. While a Utility provides substantial latitude with regards to funding, and the City is fully committed to managing the impacts of urban runoff, there are limits to our ability to guarantee kV funding. Part II, §A, sub§7; as noted, the approved and adopted rule allows for utilization of other state or local programs meeting these goals. It is not our 1p intent to shirk this responsibility, but to clarify our authorization to utilize other approved programs. - Part II, §A, sub§8; this phase of the Stormwater guidelines does not indicate it a need for testing. Without testing, firm guarantees appear inappropriate. The City will endeavor r.mpleme.n_t-BM.2s. ia-an-e-ffor-t to-reduce—iadin_ s. ar II, §A, sub§11; the City can find no basis for these new er�quirements in 1 of 3 12/ 10/2004 1 l :49 AM imap://ken.pickle%40dwq.denr.ncmail.nct@cnis.ncmail.nct:143/fete... SS1210 or the EMCs final rule as referenced in SB 1210. We stand willing to work u with -any TMDLs under the current TMDL program and re ulations. 13 �___,/Part II, § B, sub§2, I (a); the City does not discriminate on the basis of Race, Creed, Color, Gender, or Socio-Economic Status. We request the removal of such distinctions from our permit. Part II, §B, sub§2, I (b)&(d); the City finds that while we do not Iq discriminate on the basis of economic status, that our constituency is ill served by the expectation that they can afford the high speed internet connections necessary to properly distribute our message. We believe that other media such as Government Access Cable, and utility bill inserts are superior media for the distribution of our message. Part II, §B, sub§2, I (c ); the last phrase is redundant to the modified 115 (a) . Part 11, §C, sub§1, I (b); as mentioned, the City requests the removal of 19 language that favors any group over another. Part 11, § D, sub§1, 1(c ); the City will comply with the guidelines established by the rule adopted by the EMC. Part 11, §E, sub§2; the Rule and SB1210 clearly authorize the utilization of(g) another approved program. Part 11, §E, su q c we cannot in a oundation for requirement for educational material for Construction Site Runoff Controls in USEPA Stormwater Phase II guidelines, SB 1210, or the EMCs final rule. Accordingly we believe the requirement to provide these materials exceeds the scope of Phase 2 intentions. However, we will to encourage the participation in the program required of the Gaston County Ordinance and Program. ar suI ); neither the Rule nor SB1210 require an expansion of the MS4 to include treatment works. The City will establish appropriate mechanisms for the pursuit of the goal of promoting (to the extent of requiring within said mechanism) long term operation and maintenance of BMPs. Part II, §F, sub§2; certain processes cannot be undertaken without the enabling ordinance in place. It is expected that with the substantial burden to be placed on developers, there will be significant resistance to the adoption of this ordinance, it is therefore expected that such adoption will not be accomplished until the end of the second year. Part 11, §F, sub§2, q(b); we find the phrase "a combination of" confusing, and do not believe its removal changes the intent of this paragraph. Part II, §F, sub§2, 1(b); the City will exercise appropriate authority to pursue the goal of long-term operation and maintenance. Part II, §F, sub§2, 1(b); it remains to be determined what management steps will be appropriate to pursue the above referenced goals. Part 11, §F, sub§2, I (c ); considering the degree of urbanization in the City of Gastonia, the only reasonable sources of fecal coliform are from domestic/industrial waste water systems. The City is currently discussing our collection system permit with the Division, and both our treatment plants are under NPDES permits. This leaves only private wastewater treatment systems as a realistic source of fecals. The City has no authority, or capacity to manage, review, or otherwise address these systems as a source of fecal coliforms in our streams. We cannot meet any expectation that we should manage these sources in any way. Part II, §F, sub§3, 1(b); we wish to clarify our limited authority. Part 11, §F, sub§2, q(b), sub-1(iii); since this is a permit specific to the City's MS4, we feel it would be most appropriate to determine goals that are significant to this region. Part IV; as this permit does not require monitoring, charting, sampling, measuring or other such analysis, we request the removal of these references. Part II, §6; due to the specific and administrative nature of this permit; at this time, the City cannot contemplate any discrete violation of this permit that could be tied to any 24 hour period. We feel this section is inappropriate, and request that it be removed. Part V, §A, sub§l; 1(a), references to 307(a) are not appropriate to this permit due to the implicit need for sampling and testing Part V, §A, sub§2; while inputs to the MS4 are discrete and finite, they number greater than 8,000 in the City, the implication for the need for sampling should be removed. Part V, §A, sub§3; the extension of liability is beyond the scope of Phase II requirements. Part V, §A, sub§8; there are no measuring or monitoring technologies required in this permit; therefore, this section is un-necessary. 2 of 3 12/10/2004 H A9 AM iinap:Hken. pick le%40dwq.denr.ncmai1.net@ern smcmail. net:143/1etc... Part V, §B, sub§l; since there are no quantitative measurements in this permit, there is no need for the technology described herein. Part V, § C, sub§ 1-3, as mentioned, we request the removal of references to testing, sampling, measuring, or other analytical procedures not otherwise mentioned in this permit. - Part V, §C, sub§4; we request the recognition that an MS4 may be interconnected with private systems beyond the Municipality's control. Part VII, as we understand, this fee should simply be administrative in nature; there should not be a need for testing, monitoring, sampling or the like. Part VIII; several definitions are recommended for removal as the terms do not appear in the permit. We appreciate the opportunity to comment. We look forward to working with the Division to finalize this permit, and await your expeditious response to our comments_ <<formal response to second draft permit.doc>> <<NCMLtoDWQ_120304.pdf>> Joe Joseph E. Bieker, PE City of Gastonia Stormwater Utility Administrator POBox 1748 Gastonia, NC 28053-1748 704-869-1062 joeb@cityofgastonia.com 3 of 3 12/10/2004 11:49 AM �,.y�*ra�,� .a. t°;�, .,Lit. �' ��'',� Aas- f y3 �r�. -a i North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director August 25, 2005 Edward C. Munn, City Manager 181 S. South St. P.O. Box 1748 Gastonia, North Carolina 28053-1748 Subject: NPDES Permit Number NCS000429 City of Gastonia, Gaston County Dear Mr. Munn; In accordance with your application for a stormwater discharge permit received on March 10, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as -the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http://h2o.enr.state.nc.us/su/NPDES Phase U Stormwater Pro ram.htm As a result of comments received during the comment period, DWQ revised the TMDL language for communities that are or may be subject to TMDLs during the term of their permit. The revisions were editorial in nature and necessary to clarify the additional requirements a community would be subject to if 1) the permitted MS4 is or becomes subject to an approved TMDL, and 2) following notice of such by the Division. If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other state, federal or local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733.7015 / FAX: 919-733-24961 Internet: h2o.enr.state.nc.us An Equal opportunity/Affirm alive Action Employer — 50% Recycled110% Post Consumer Paper One NorthCarolina Aiturally fi. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV DWQ Central Files Stormwater Permitting Unit Files Mooresville Regional Office