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HomeMy WebLinkAboutNCS000478_OTHER_20050804STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. �( I o U (� DOC TYPE O FINAL PERMIT ❑ ANNUAL REPORT ❑ AP LIGATION ❑ COMPLIANCE 9/OTHER DOC DATE ❑ `]c(S o gd YYYYMMDD \N a Michael F. Easlcy, Governor William Co. Ross Jr., Secretary Environment and Natural Resources Alan W. Klimek, 1'. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit AUG - 4 2005 DD North Carolina Department of WATER QUAI-ITY SECTION ASHt VILLE REGIONAL OFFICE Facility Name: Town of Laurel Park NPDES Permit Number: NCS000478 Facility Location: Town of Laurel Park Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: North Fork Willow Creek and unnamed tributaries, Brightwater Branch and unnamed tributaries, Echo and Briar Lakes and unnamed tributaries, Shaw Creek, Wash Creek and unnamed tributaries, Tonys Creek, and Finley Creek and unnamed tributaries. River Basin: French Broad River Basin Stream Classification: C, Tr, WS-IV, B Proposed Permit Requirements: Compliance Schedule: See attached draft permit See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable S',, Basis for Other Requirements: ,� Not applicable C40 aResponse Requested by (Date): September 9, 2005 r 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 April 29, 2004 is sufficient to issue an Indi ual Stormwater Permi Prepared by (Signature) 0, Date 4/14� Stormwater and General Permits Supervisor Date rC. Concurrence by Regional 0 ffi c& LL, '. h Date Water Quality Supervisor J Date 2 0 f�'DiN3i N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 Customer Service 1-977-623-6748 Regional Office Staff Comments 2 oy WATF Michael I'. Easley, Governor `O�O qpG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Nan W. Klimek, P. H. Director > 1ivision of Water Quality Q Y Coleen li. Sullins, Deputy Director Division of Water Quality August 3, 2005 Harry T. Johnson Mayor, Town of Laurel Park 441 White Pine Drive Laurel Park, North Carolina 28739-0910 Subject: NPDES Permit Number NCS000478 Additional Information Request Dear Mr. Johnson: After a review of your permit application materials, I found that with changes to Stormwater Management Plan identified herein, there is sufficient content to continue with the review and drafting of your permit. 1. The Town's Stormwater Management Program should ensure an ongoing process is in place to establish a citizens' group(s), or provide an alternative process, for ongoing input on stormwater issues and the stormwater program. 2. The Town's Stormwater management program must establish and publicize a reporting mechanism for the public to report illicit discharges. 3. If The Town owns and operates any industrial activities with a Phase I NPDES stormwater permit, the stormwater management program must include a process to conduct annual review of the permitted activities. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the Town of Laurel Park. 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. Please provide the additional information requested and your comments on the preliminary draft permit by Friday, September 9, 2005. We would like to incorporate as many revisions as possible before the public notice. You will also have an opportunity to submit comments during the public comment period. If you have any questions, concerns, or suggested revisions about the preliminary draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, ,;�, 6-"e Mike Randall Environmental Engineer cc: Stormwater and General Permits Unit DWQ Asheville Regional Office NN DN N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 Customer Scrvicc 1-877-623-6748 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTand NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000478 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the`N�orth Garolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of LaurcbPdrk ,1 is hereby authorized to discharge stormwater fi-o located: n within the T municipal separate storm sewer system ?a`rk Jurisdictional Area County to receiving waters, North Fork Will w Creek and unnamed tributaries, Brightwater Branch and unnamed tributaries, Echo and Briar'.Lakds and unnamed tributaries, Shaw Creek, Wash Creek and unnamed tributaries, Tonys Creek, and Finley Creek and unnamed tributaries, within the French Broad River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, Ill, IV, V, VI, VI1 and VIR 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 PERMIT NO. NCSOOO478 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 AELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF LS If SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS F 1' SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS/ PART III PROGRAM AS 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 0 PERMIT NO. NCS000478 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Laurel Park is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, North Fork Willow Creek and unnamed tributaries, Brightwater Branch and unnamed tributaries, Echo and Briar Lakes and unnamed tributaries, Shaw Creek, Wash Creek and unnamed tributaries, Tonys Creek, and Finley Creek and unnamed tributaries, withi the French Broad River Basin. Such discharge will be controlled, limited and�`monitored in accordance with the permittee's Comprehensive Stormwater Management Prog m'Repo , herein referred to as the Stormwater Plan. The Stormwater Plan include'slcomponents of the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved =:= modifications. 2. Al] discharges authorized herein shall be, dequatel.y managed in accordance with the terms and conditions of this permit. A�ny�other_point source discharge to surface waters of the slate is prohibited unless it i�5`an allowable non-stor-mwater- discharge or is covered by another permit, authorization or appro al. 3. This permit does not relieve" the permittee from responsibility for compliance with any other applicable federal, stateal law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and 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 I24, 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 enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. Part I Page I of 2 PERMIT NO. NCS000478 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality ift �t�r standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. 8. The permit authorizes the point source discharge off idrm' water runoff from the MS4. In addition, discharges of non-stormwater are also authorizehrough the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including A W VW`1✓ discharges of process and. non -process -wastewater, and stormwater associated with Indust -]a] activity; (b) Determined to be incidental nariOstormwater flows that do not significantly impact water quality and may Al includg • water line flushin4 • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2PI .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS000478 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: 1. The permitter will develop and maintain adequate leall m ch'anilsmAsuch as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permitter will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue.these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permitter's Stormwater Plan will discharge of pollutants from the MS4 anticipated that in order to mee0thts,f pid(nented and managed such that the ice`d'-to the maximum extent practicable. It is I n, implementation of the Stormwater Plan will occur with emphasis given to-pri6i7ty'areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. (� �� The permitter, will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will 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 Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water duality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page I of 12 PERMIT NO. NCS000478 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. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The following additional requirements apply. mµ :� 1 (a) Within two years after receiving the Division's notiNeiliat the'permittee is subject to a TMDL, the permittee shall establish a TMDL WateKQuality Recovery 11 Is,Program and shall identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential ofdi_scharging the pollutant(s) of concern: to the impaired segments, to the—ynbutaries, and to segments and tributaries within the watershed contributing toithe impaired segments. The permittee shall also develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional at -ea tha may be discharging the pollutant(s) of concern: to the impairedsstrea �is gmen s, o their tributaries and to segments and t g tributaries within the watershedcontiibuting to the impaired segments. (b) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permi Mttee shall develop a monitoring plan for each pollutant of concern. The monitoringplan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement Part I1 Page 2 of 12 PERMIT NO. NCS000478 appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream se by referencing the 2004 Integrated 305(b) and 30' available on the website of the Division of Water Part I1 Page 3 of 12 ie'MS4�jurisdictional area (orcurrent version), deling and TMDL Unit. PERMIT NO. NCS000478 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 4 (d) Inform the public on steps they can take to pollution. 2. BMPs for Public Education and Outreach , The permittee shall implement the following BMPs to me( Education and Outreach Program and shall notifyMe Divi 5-_ water pollution. It<stormwater lobiectives of the Public prior to modification of any goals. w°BMP Measurable-.Giials T YR " YR Yk -YR :YR' (a) Establish a Public Develop a public.'education program and X X X X Education and implement within 12 months of the permit Outreach Program issue datteIncorporate outreach elements for sig fic t minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when im lementing its own program. (d) Public education Distribute written educational material to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 4 of 12 PERMIT NO. NCS000478 SECTION C: PUBL,IC INVOLVEMENTAND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to egzof the Public ey; Involvement and Participation Program and shall notify)the'Division prior to modification of any goals. -� -.b BMP Measurable Goals YR YR YR YR- YR- 1. 2 3 4 5 a) Administer a Public Develop,41nd impfemcn a,.Public X X X X X Involvement Program �T yk Involvement and!Pa ticipation Program. �" (b) Allow the public an Conduct at leasC661e public meeting to X opportunity to review allowIhe public an opportunity to review and comment on the and comet ent on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s).for input on X X X X X Group(s) slormwater issues and th.e slot-rnweiler- Program. a Part I.1 Page 5 of 12 PERMIT NO. NCS000478 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION I. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the 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 procedure"s,anda�'ctons. (d) Develop a storm sewer system map showing-i'all outfalls and waters receiving discharges. e Inform employees,businesses and the eneal�' ublic of hazards associated with () g gyp,_: illegal discharges and improper disposal ofc ase( , 2. BMPs for Illicit Discharge Detection and,Eli The permittee shall implement the following BMP o meet the objectives of the Illicit Discharge Detection and Elimination'Program_ and shall notify the Division prior to modification of any goals. ='� `' •• —k BMP r . °z _ easurable Goals ?` � `hv tl ^' R �YR YRt� �I'aK YR s` - 24 a r () Develo /Im lement a P P a Develo-P`�,n'd implement an Illicit ' X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Pro ram assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X X X discharge detection detect dry weather flows at system procedures 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. Continue to identify, locate, and update map of drainage system components on a priority basis pera roved IDDE Program. Part 11 Page 6 of 12 PERMIT NO. NCS000478 ��' Y f Mea�ui•�eC R'YZYt`'tilo . YRlik' 2.', '' 3, A (e) Conduct employee Conduct training for municipal staff on X X X X X cross -training detecting 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. p � ��� (q) Lslublish a public Establish and publicize a YGr,'O"ri le X X x X reporting Inechanis11l meeluli"lisin )r the public to PLPo l 1lllcll discharges. Part 11 Page 7 of 12 PERMIT NO. NCS000478 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, review of site plans which incorporates consideration of potential water quality impacts, and procedu es forjes t61inspection and enforcement of control measures.. (c) Establish requirements for construction site dpe"rators 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&ontrols; ,I - The permittee relies on the NCDENR Division ofLand Resources (DLR) Erosion and Sediment Control Program to comply with this,mimmum°measure. The NCDENR Division of Land Resources;Erosion and Sediment Control Program effective meets the requirements of the Cons tuc bon Site Runoff Controls by permitting and control ling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO 10000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and b, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part lI Page 8 of 12 PERMIT NO. NCS000478 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the 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) Provide a mechanism to require long term operation a d"maintenance of BMPs. /Y (c) Ensure controls are in place to minimize water quality, iiin'ts 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs~to meet the objectives of the Post - Construction Stormwater Management Progr/V�1�-% Measura le Goals �� @ ,' 4 -1' t YR YW �`�YRI XR YR', �45 - �X (a) Establish a Post Develop„adopt by ordinance (or similar X- X X X Construction regulatory y mechanism), implement, and Stormwater if enforce a program to address stormwater Management Program runoffil'rom,new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. (d) Establish trout waters I Develop, adopt, and implement an, I I X I X X X Part II Page 9 of 12 PERMIT NO. NCS000478 s� s 1{Measurable Goals 5 n -YKYR YRr YR� Y°R (Tr) protection ordinance (or similar regulatory measures (for programs mechanism) to ensure that the best with development or management practices selected do not redevelopment draining result in a sustained increase in the to Tr waters)w receiving water temperature. 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the pe"r"mJi .that are already subject Ala✓ to the existing state stormwater managemen tpr grams listed herein are deemed compliant with the post -construction identified in (b) below. The listed pr Protection programs for WS-I — WS- (b) management strategies, the Neuse Ri A Management Strategy, the Tar-Pamli Management Strategy, and then nd] program. Model Practices. iter=management model practices LreXiOe Water Supply Watershed ss,.the HQW and ORW waters Nutrient Sensitive Waters Basin Nutrient Sensitive Waters ke Water Supply Watershed se areasowithin the jurisdictional area of the permittee that are not subject to the posh onstruction stormwater management provisions of another existing statestormwater management program, the permittee's Post - construction StormwateryManagement 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%v 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. Part II Page 10 of 12 PERMIT NO. NCS000478 (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: (A)The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the I -year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; //I (B) All structural stormwater treatmentesyi;tems must be designed to achieve 85% average annual remov l`of total,suspended solids; (C) Stormwater management measures musftomply with the General Engineering Design CriteriaForAll Projects requirements listed in 15A NCAC 2H .1008(c);�1 (D)AII built -upon areas are ai1b asi--30.fect landward of perennial and intermittent surface waters: and. (E) Deed restrictions arid`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. _ (c) Watershed Protectibd.PlanOPublic bodies may develop and implement comprehensive wdershe •protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) 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 H Page 1 I of 12 PERMIT NO. NCS000478 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 A The permittee shall implement the following BMPs to meerthe o6jectivcs of the Pollution Neg= Prevention and Good Housekeeping Program and shall�noti.fyqhe Division prior to modification of any goals. "Measurable Goals " :: YR Y-11 YR - YR'. YR, 1 2 3 4- 5, (a) Develop an operation Develop,an operation andsmaintenance X X X X X and maintenance program tha0has'the;ultimate goal of program preventing.orwreducing pollutant runoff from municipa` e l,�orations, (b) Inspection and Devdlbp an inventory of all facilities and X X X X X evaluation of facilities, operationsowned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X pollution prevention and good housekee in rocedures. (d) Reviciv of tnunicipulit.y- Conduct annual re;,ieti+- of the industrial. X X X X X owned or opperated activities with a Phase 1 NPDES regulated industrial storrnwaler permit owned and operated by activities the permittee. Re ietit' t11efiollowing aspects: the StoI nicater Pollution Prevention Plafl where one is required, the limcltness ofan monitoring reports required by the Phase 1 permit, and the result' of inspections and subsequent follow-up actions at the facilities. Part II Page 12 of 12 PERMIT NO. NCS000478 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation wilFbe kept on -file by the permittee for a period of five years and made availabl6to-the Director or his authorized representative immediately upon request. fi /^� 2. The permittee's Stormwater Plan will be reviewed and4updated as necessary, but at least on an annual basis. The permittee will submit a report oSthis'evaluation and monitoring / - ... 'ti v information to the Division on an annual basis? This information will be submitted by date of each year and cover the previous years activities from Date to Date. The permittee's reporting will include appropr te�infoz, mmation 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 detaiWIdescription of the status of implementation of irgr the Stormwater Plana This will include information on development and implementation of a! %components of the Stormwater Plan for the past year and schedules and planslfor 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. (0 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, Part III Page I of 2 PERMIT NO. NCS000478 3 In project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. 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 wi II submit a plan and time schedule to the Director for modifying the Stormwater Plan to AN meet the requirements. The Director may approve thelcorrective action plan, approve a of S. d► plan with modifications, or reject the proposed plan. Thupermtttee will provide certification in writing (in accordance with Part IV, Paragraph 2)"Ad the Director that the changes have been made. Nothing in this paragraph s`lall*be construed to limit the Director's ability to conduct enforcement actions.for violations of this permit. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Sto wa er Plan. ' Part III Page 2 of 2 PERMIT NO. NCS000478 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals lr (a) Duplicate signed copies of all reports required herein\,"'shall.be submitted to the following address: Department of Environment and.Natural`Resources .Division of WateFj! alityYV Stormwater Permitting Uff nit r 1617 Mail Service Center Ra]eigh(Noh,CaroIina 276 rt99-1617 \\'.\�'i 1 " (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 ad ly authorized representative only if: (i) The authorizakion'i"s made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified 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 information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000478 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected, 4. Twenty-four Hour Reporting The permittee shall report to the central office or th�elaffiyopriate regional office any noncompliance that may constitute an imminent threat o.lealth or the environment. Any information shall be provided orally within 24eho s*fro the time the permittee became 'p' x -L aware of the circumstances. A written submission shall also be provided within S days of the time the permittee becomes aware of tl'e ci cccuu�m�stances. The written submission shall cin a'description of the noncompliance, and its causes; " -N. 'V- the period of noncompliance, including ex(4►6(dates and times, and if the noncompliance has not been corrected, the anticipatedaime compliance is expected to continue; and steps taken or planned to reduce, e iminate nd prevent reoccurrence of the noncompliance. The Director may waive the&-ritten report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. 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. 7. 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 1V Page 2 of 2 PERMIT NO. NCS000478 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 modi.fication;.or denial of permit coverage upon renewal application. ( /� (a) The pennittee shall comply with standards .. Section 307(a) of the Clean Water Act for - provided in the regulations that establish tl the permit has not yet been modified(to inc (b) The Clean Water Act pro ides that any=pei rs subject to a civil penalty not to e Section 309(d) of the Actand t h. (28 U.S.C. §2461 note) as amen bitions established under Ilutants within the time dards or prohibitions, even it the requirement. who violates a permit condition is :eed the maximum amounts authorized by Federal Civil Penalties Inflation Adjustment Act d by the Debt Collection Improvement Act (31 U.S.C. §3701 note).t(currentlyb$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 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (3t U.S.C. §3701 note) (currently $1.1,000 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 1.1 violations Part V Page 1 of 6 PERMIT NO. NCS000478 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize &frygvent any discharge in violation of this permit that has a reasonable likelihood of adversely ffecting human Z. health or the environment. "we NALWI 3. Civil and Criminal Liability Nothing in this permit shall be construed to, rEieve tlieapermittee from any responsibilities, liabilities, or penalties for noncom Hance pursuant to NCGS 143-2I5.3, A c:A� .P 143-215.6A, 143-215.6B, 143-2-1'5.6C or�Section �309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible, for consequential damages, such as fish kills, m even though the responsibility for'-leffective4compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall7�be�construcd to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321, 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000478 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering 4> The Clean Water Act provides that any person who falsifies\tampersewith, or knowingly renders inaccurate, any monitoring device or methor required to,b'e maintained under this permit shall, upon conviction, be punished by a finei violation, or by imprisonment for not more than,two, conviction of a person is for a violation cc under this paragraph, punishment is a fine or by imprisonment of not more than 4 yei < 9. Penalties for Falsification of`Reports x�NThe Clean Water Act providesat any pe representation, or certification in anylyeco iot more than $10,000 per irs per violation, or by both. If a asfirst conviction of such person hat $20,000 per day of violation, m who knowingly makes any false statement, or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, uponlconvi ton, 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. 14. 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. Part V Page 3 of 6 PERMIT NO. NCS000478 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 treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement acfion+that4,it would have been 1- necessary to halt or reduce the permitted activity in order to mai„ntain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000478 SEc,rION C: MONITORING AND RECORDS 2. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or;i's diluted by any other waste stream, body of water, or substance. When specified. herein, monitoring points established in this permit shall not be changed without notification to*7and approval of the Director. Flow Measurements Where required, appropriate flow measuremei accepted scientific practices shall be selected . reliability of measurements of the volume of i 3. `Pest Procedures ;,and methods consistent with Bd used to ensure the accuracy and onitored discharges. Test procedures for the analysis of poliu"tants shall conform to the EMC regulations published pursuant to NCGSQ43-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations re ubli�s drursuant to Section 304 g p p (g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), 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; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000478 5. (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Availability of Reports bA Except for data determined to be confidential underNCGS'14372J5.3(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 atiWeNffices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on anvsucq report,may result in the imposition of criminal penalties as provided for in NCGSj143g2lAA r in Section 309 of the Federal Act. SP r I Part V Page 6 of 6 PERMIT NO. NCS000478 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 VI Page 1 of 1 PERMIT NO. NCS000478 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VIl Page 1 of 1 PERMIT NO. NCS000478 2 3 Cl 5. PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of poll BMPs can be structural or non-structural and may take,( physical structure or planning (see non-structural BMP) Built -upon Area That portion of a development project that is impervious surface including, but not limiter such as roads, parking lots, and paths; ands e "Built -upon area" does not include a wooder pool, or pervious or partially pervious pavml material absorbs water or allows wateeda inf Clean Water Act The Federal Water Pollution;Co amended, 33 USC 1251, et. sect. Common Plan of Develooment :ering surface waters. of a process, activity, co`vired by- impervious or partially to ebuildings; pavement and gravel areas ;reation�facilities such as tennis courts. slatted deck, the water area of a swimming material to the extent that the paving ltrate through the paving material. l Act, also known as the Clean Water Act (CWA), as A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part VLI1 Page I of 4 PERMIT NO. NCS000478 6. Department Department means the North Carolina Department of Environment and Natural Resources i] 8 9 U Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. Director - `s -. .: The Director of the Division of Water Quality, the permit issuing�authority. EMC The North Carolina Environmental Grab Sample An individual sample collected i analyzed or qualitatively monito discharge. Hazardous Substance 6tal.._ sly. Grab samples that will be directly taken within the first 30 minutes of Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. 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. 13. Industrial Activit For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part V Ill Page 2 of 4 PERMIT NO. NCS000478 14. 15, I►7 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): i. 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, stot•mwater, or other wastes, including special districts under State`law such as,a_sewer district, flood control district or drainage district, or similar entity, or anAndian tribe or an authorized Indian tribal organization, or a agency under Section 208 of the Clean W waters of the United States or waters oftF Designed or used for collecting or convey Which is not a combined sewer; qi/& �( Which is not part of a CFR 122.2 icl -" 1 N. and approved management VA) that discharges to water; ment Works (POTW) as defined in 40 The following are categories'of non�stormwater discharges that the permitter must address if it identifies thern;a's�sigi ficant 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). 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, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill 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. Part VD.I Page 3 of 4 PERMIT NO. NCS000478 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee 19 20. 21. 22. 23 The owner or operator issued this permit. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well,<orilqj�ete+fissure from which stormwater is or may be discharged to waters,df'thestate Red evelo meat Means any rebuilding acti L Results in no net i 2. Provides equal or Stormwater Runoff lding activity; on area, and control than the previous development. The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIE Page 4 of 4 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 /G/2002 THE TOWN OF LAUREL PARK JAMES W. BALL, JR., TOWN MANAGER Y.O. BOX 2529 LAUREL PARK, NC 28739 Subject: NPDES Phase I1 Stormwater Program 2000 U.S. Census - Notification of Coverage James W. Ball, Jr.: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase 1 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 It 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 stormwater runoff. The Phase Il 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 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water 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. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Laurel Park has been identified as being located within a census designated urbanized area. 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 Town of Laurel Park does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 months from the date of this letter. 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.ne.us/su/stormwater.htm1. 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 Stormwater and General Permits Unit Files A Asheville Regional Office ©TA NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 • (919) 733-7015 Customer Service 1-800-623-7748