NCS000480_OTHER_20100512

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
I V W C) Lf
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
0 APPLICATION
❑ COJNIPLIANCE
�6THER
DOC DATE
l v �`S�l 'L
❑
YYYYMMDD

Town of Rutherford College
Post Q,lice Box 406 - 980 Malcolm Boulevard
Mayor Rutherford College, NC 28671 Town Administrator
Jim Q. Hu finan, Sr. "Telephone: [phone] Gaynell Donnelly
May 12, 2010
Mr. Mike Randall
NC DENR
Division of Water Quality
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Q
MAY 2, 0 2010
17ENR IVATER QUAL
We ndi; U sgrmwater Branch
RI1: Request for Waiver of the `town of Rutherford College's Phase II Stormwater Permit
Dear Mr. Randall,
The Town of Rutherford College is formally requesting a waiver be granted for Permit number
NCS000480 pursuant to 40 CFR 122.32. The Town of Rutherford College has a population of
1,297, with the majority of the population served by the Town's sewer and water lines. The
Town maintains 12.05 miles of street, all have shoulders and ditches.
The Town of Rutherford College does drain into Fake Rhodhiss, part of the Catawba River,
which appears on the NC Division of Water Quality's 303d list as of 2006. However, the Town
of Rutherford College does not maintain any roads that have a curb and gutter system and the
entire Town is located in a Water Supply Watershed IV Protected and Critical Area (see map).
Due to these regulations which are already in place, the Town of Rutherford College anticipates
future discharges from the town do not have the potential of exceeding; water quality standards,
including impairment of designated uses, or other significant water quality impacts, including
habitat and biological impacts.
Malcolm Boulevard is the only street in Rutherford College that has a curb and gutter system.
This street is a DOT maintained road and extends from 1-40 at Exit 113 north to the Catawba
River Bridge at the Burke -Caldwell County line. The curb and gutter system extends along this
street within the Town's corporate limits. Ditches transport stormwater along; the remaining
streets in Town, and culverts under driveways and streets are used to pipe water.
The Town currently administers a water supply watershed protection ordinance throughout its
entire planning jurisdiction. Burke County administers the County's Catawba River Riparian

Buffer Ordinance within the Town's planning area. Staff with the Land Quality Section of the
DENR Asheville Regional Office administers the slate's Erosion and Sediment Control
Regulations within the Town's planning area.
Town staff routinely visits areas within its jurisdiction with an eye out for illicit discharges to
storm drains and waterways.
The "Town of Rutherford College will continue to protect its water quality through its Stormwater
management efforts as outlined below:
The Town currently administers a water supply watershed protection ordinance
throughout its entire planning; jurisdiction.
Burke County administers the County's Catawba River Riparian Buffer Ordinance within
the Town's planning; area.
- Staff with the Land Quality Section of the DENR Asheville Regional Office administers
the slate's Erosion and Sediment Control Regulations within the Town's planning area.
The Town will be adopting; an illicit discharge Ordinance in June or July of 2010. The
Town will keep the Illicit Discharge Ordinance in place to provide the legal authority to monitor
activity within the corporate limits that may result in degrading; water quality.
Town staff routinely visits areas within its jurisdiction with an eye out for illicit
discharges to storm drains and waterways.
- The town has used and will use workshops, its website, and informational brochures to
provide education information on Stormwater issues.
"The town maintains 12.05 miles of streets of which the majority are ribbon -type
pavement with properly maintained ditch lines.
- Town employees at all facilities are educated on good housekeeping; practices and are
applying them at the "Town facilities.
The town participates in the NCDOT semi-annual roadside litter sweep program.
The town provides public water and sewer services and they are available to those outside
of the town limits. A small segment of homes still utilize septic tank systems. If the septic tank
systems fail, homeowners are required to connect to the public system.
The Stormwater flow from the Town of Rutherford College discharges into the Catawba River
from tributary streams. The area of the River from Johns River to Rhodhiss Dam is called Lake
Rhodhiss. Listed on the next page are the streams that contribute discharge to Catawba River.

Receiving
Stream Segment
Water Quality
Use Support
Water Quality
Stream Name
Classification
Rating
Issues
Catawba River
From Johns River to
WS-IV, 13, CA
Fully
High PH
Rhodhiss Dam
Stipportiiig
Floyle Creek
From source to a point
WS-1V
NIA
N/A
0.4 miles downstream of
Burke County SR 1546
Island Creek (Lail
From source to a point
WS-lV
NIA
NIA
Creek)
0.7 rnile upstream of
mouth
Smith Bratich
From source to Island
WS-1V
NIA
NIA
Creek
If circumstances change, the Town of Rutherford College will again seek coverage under an
NPDES permit. Should you have any questions, please contact Planner Johnny Wear at (828)
485-4283 or Town Administrator Gaynell Donnelly at [phone].
Sincerely,
r..iim O. 1-luffnian Sr.
Mayor

The Charlotte Observer Publishing Co.
Charlotte, NC
North Carolina ) ss Affidavit of Publication
Mecklenburg County)
THE CHARLOTTE OBSERVER
--------------------------------------------------+----------------------
DINA SPRINKLE
NCDENR/DWO/POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH NC 27699
REFERENCE: 30063432
6483329 Town Of Rutherford C i
4
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 Charlotte Observer
Publishing Company, a corporation organized and i
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 i
the books and files of the aforesaid Corporation i
and Publication.
PUBLISHED ON: 07/10
Town of Rutherford College Y.... �••
The Town of Rutherford College, has requested a waiver from the
requirements otherwise applicable to municipalities that own or
operate a municipal separate storm sewer system (MS4) within an
urbanized area located in Burke County. to receiving walurs,
Catawba River, Hoylu Creek, Island creek (Lail Creek), and Smith
Branch, within the Catawba River Basin. Comments must be
recaived no later than August 14, 2010. Submit comments to
Mike Randall
NC Division of Water quality i
1617 MaiV Sevice Center Y_ ? ,
jRaleigph, NC27fi99-1B17-n -"�'
Telephone Number. (919j 807-GS74 ^r
mile .randall[WnWencgov-' u,
LP6483329 -
AD SPACE: 34 LINE
FILED ON: 07/15/10
r
L
NAME: A T1TLE:ej ---------
DATE;'Ovu r
�i
In Testimony Whereof I have hereunto set my hand and affixed my seal, the
day and year afOres id.
My Commission Expires May 17, 2011
Notar y "mmission Expires: _/_/_

Ja�-IV
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
yaw w REGION 4
Y ATLANTA FEDERAL CENTER
x�F ,o= 61 FORSYTH STREET
tir�L PF101, � ATLANTA, GEORGIA 30303-8960
Aua o 8 2006
Mr. Bradley Bennett, Supervisor
Storm Water and General Permits Unit
North Carolina Division of Water Quality
512 North Salisbury Street
Raleigh, North Carolina 27626-0535
ID
AUG I S01,N
WDEUR - GUBnd.
SUBJ: Draft National Pollutant Discharge Elimination System Permit Covering the
Discharge of the Town of Rutherford College (Phase Il)- NCS000480
Dear Mr. Bennett:
In accordance with the Environmental Protection Agency/North Carolina Memorandum
of Agreement, we have completed our review of the above referenced draft National Pollutant
Discharge Elimination System (NPDES) Phase H municipal separate storm sewer system
(MS4s) permit, received by this office for review on July 26, 2005. Upon reviewing the draft
MS4 permit, EPA has no comments. We request to be afforded an additional review opportunity
only if significant changes are made to the draft permit prior to issuance or if significant
comments objecting to the permit are received. Otherwise, please send us one copy of the final
permit when issued.
If you have any questions or comments regarding our review, please feel free to contact
me at [phone].
Sincerely,
Mike Mitchell, Environmental Scientist
NPDES and Biosolids Section
Permits, Grants, and Technical Assistance Branch
Water Management Division
Internat Addrass (URL) • http://www.apa.gov
Racycled/Recyclable . Printed with Vegetable 011 Based Inks on Recycled Paper (Mlnlmum 30% PostcOnsumer)

'j, n

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
July 25, 2005
Mayor Jimmy O. Huffman, Sr.
P.O. Box 406
950 Malcome Boulevard
Rutherford College, NC 28671
Subject: NPDES Permit Number NCS000480
Town of Rutherford College
Dear Mr. Huffman:
The Town of Rutherford College has been designated by the US EPA for inclusion in the
Phase H stormwater program. The Town of Rutherford College was designated because their
municipal boundaries intersected a US Census -defined Urbanized Area.
Your community's draft permit is being publicly noticed the week of July 25, 2005.
All comments and request should reference draft permit number NCS000480. Comments must
be received no later than September 2, 2005. Copies of the draft permit are available at-
http://h2o.enr.state.ne.us/su/phase2- draft permits.htm
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. If you have any questions about
this draft permit don't hesitate to contact me at [phone], ext. 545.
Sincerely,
Mike Randall
cc: Stormwater and General Permits Unit
DWQ Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
NM r€�
Customer Service
1-877-623-6748

TOWN OF RUTHERFORD COLLEGE 0 v
Post Office Box 406 • 950 Malcolm Blvd.
MAYOR Rutherford College, N.C. 28671 TOWN CLERK
Jim O. Huffman, Sr. Telephone [phone] Gaynell Donnelly
iawN ar
9� z
T _
WV
June 21, 2005
Mr. Mike Randall, Environmental Engineer DNR 'an
NC Department of Environment and Natural Resources Wattands� --
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: NPDES Permit Number NCS000480 for the Town of Rutherford College
Dear Mike,
The Town received a letter from you dated May 27, 2005 that provides comments on the Town's draft
Phase 11 NPDES Stormwater Plan. Within this letter, five items were listed that the Division is requesting
the Town to incorporate into its Stormwater Plan. The Town agrees to include each of these items listed
below its revised Stormwater Plan.
1. Develop and maintain an internet web site.
2. Conduct training for municipal staff on detecting and reporting illicit discharges.
3. Develop an operation and maintenance program with the goal of preventing or reducing pollutant
runoff from municipal operations.
4. Develop an inventory of all facilities and operations owned by the Town with the potential for
generating polluted stormwater runoff, including the MS4 system and associated structural
BMPs, inspect potential sources of polluted runoff, the Stormwater controls, and conveyance
systems and evaluate the sources, document deficiencies, plan corrective actions, and document
the accomplishment of corrective actions.
5. Conduct an annual review of any industrial activities owned by the Town with a Phase I NPDES
stormwater permit. (We are not aware of any current industrial facilities owned by the Town that
operate under a Phase I NPDES stormwater permit.)
Listed below are changes we are requesting to the draft permit. In some cases we have requested changes
in the wording of a particular section of the permit to better clarify the Town's responsibility in
administering its local Stormwater Plan.
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCIIARGES
SECTION A: PROGRAM IMPLEMENTATION
Request the term "illegal dumping" be struck from this sentence. Rationale: Illegal dumping is
generally interpreted as prohibiting the dumping of solid wastes, such as white goods, and should
be addressed under a solid waste ordinance, rather than a stormwater ordinance.

STRUVE LETTER TO RANDALL
J UNE 21, 2005
PAGE 2 OF 3
SECTION B: PUBLIC EDUCATION AND OUTREACII
2.(c). Request the term "schools" be struck from "Public education materials for schools, homeowners,
and/or businesses." Rationale: Only a single elementary school is located in the Town's planning area.
Because the Town may not be able to incorporate stormwater materials in the children's science
curriculums, we recommend this target audience be deleted from this particular BMP.
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
2.(a). Request that BMP (a) "Administer a Public Involvement Program" be dropped from the
Stormwater Plan. Rational:.: This BMP is redundant because BMPs b, c and d highlight strategies that
will be implemented as part of actually administering a public involvement program.
Request changing the first year of implementation for BMPs 2(c) and 2(d) from Year I to Year II.
SECTION D: ILLICIT DISCIIARGI: DunICTION AND ELIMINATION
L(a). Request the term "illegal dumping" be struck from the end of the sentence. Rationale: Illegal
dumping is best addressed in a solid waste ordinance.
Request changing the first year of implementation for BMPs 2(a), 2(b) and 2(c) from Year I to Year II.
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
2.(c). Request the sentence "Develop and implement an oversight program to ensue proper operation and
maintenance of on -site wastewater treatment systems for domestic wastewater" be deleted. Rationale:
Providing oversight to on -site wastewater treatment systems is a county responsibility as outlined under
North Carolina General Statutes. Homes with on -site systems that have illicit discharges in Rutherford
College will be identified by the Town and eliminated under SECTION D. ILLICIT DISCHARGE
DETECTION AND ELIMINATION.
3. Note: The entire planning area of the Town of Rutherford College occupies a WS-IV water supply
watershed. Since active water supply watershed programs are deemed compliant by the state in meeting
the post -construction stormwater management measures, the Town will meet this requirement by
continuing to administer its water supply watershed protection ordinance.
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS
2.(d). Note: The Town does not own any current industrial facilities operating under a Phase I NPDES
stormwater permit.
PART III PROGRAM ASSESSMENT
1. The Town wishes to clarify that water quality sampling and monitoring is not required under the Phase
11 Stormwater Program.

STRUVE LETTER TO RANDALL
TUNE 21, 2005
PAGE 3 of 3
SECTION C: MONI'roRING AND RECORDS
To reiterate that which was stated previously, the Town wishes to clarify that water quality sampling and
monitoring is not required under the Phase If Stormwater Program.
We also wish to clarify that unless specifically stated, for BMP implementation, an "X" placed in any box
(Years I, II, III, IV and/or V) indicates that process is being achieved to meeting the requirements
identified for the specific BMP, and not necessarily that the BMP will be fully implemented by this
particular year. Our understanding is that local governmerits affected by the new Stormwater regulations
have five years to fully implement the BMPs outlined within their respective plans.
Thanl�:ry�,. r ccc.isiaer�ng oL�;4s��d': �iang�J to �'Town s Stormwater plan. Should you have any
questions concerning our requests and comments, please do not hesitate to call me at [phone].
Sincerely,
Mike Struve, A1CP, CLM
Town Planner
Rutherford College

o�oF w a
7
THE TOWN OF RUTHERFORD COLLEGE
JIMMY 0. HUFFMAN, SR., MAYOR
P.O. BOX 406
RUTHERFORD COLLEGE, NC 28671-0406
Jimmy 0. Huffman, Sr.:
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
Subject: NPDES Phase II Stormwater Program
2000 U.S. Census - Notification of Coverage
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 I1 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 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 II 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 11 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 Rutherford College 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 Rutherford College 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:llh2o.ertr.state.nc.us/su/stormwater.html. 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,
b�t!fz roc -
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
e�A
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1.800.623-7748