NCS000499_FINAL PERMIT_20121119

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
DOC TYPE
FINAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ 4;U PNI � L�
YYYYMMDD

0A
MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
"Town of Kure Beach
Division of Water Quality
Charles Wakild, P. E.
Director
November 19, 2012
Henry E Beeker, Jr., Public Works Director
117 Settlers Lane
Kure Beach, North Carolina 28449
Subject: NPDES Permit Number NCS000499
Dear Mr, Becker:
Dee Freeman
Secretary
ECEIV�7R
Na I
NOV 2 6 2012 1
n
: Id
In accordance with your application for a stormwater discharge permit received on January 6,
2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated May 9,
1994 (or as subsequently amended).
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 required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919-807-6�74 or [e-mail].
Sincerely,
for Charles Wakild, P. E.
cc: Mike Mitchell, EPA Region IV
Stormwater and General Permit Unit Files
DWQ Wilmington Regional Office
4vPllands and Slormwater Dranch
1617 MAI Service C�vile.. RA cinh, tJorlh Cj:.-ulc.a
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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000499
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Kure Beach
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Kure Beach's jurisdictional area
to receiving waters of the State within the Cape Fear Diver Basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, IV, V, VI, VI1 and
VIII hereof.
This permit shall become effective December 1, 2012.
This permit and the authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day, November 15, 2012.
for harles Wakild, P. E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

.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
Mac Montgomery
Mayor Pro Tern
117 Setters Lane
Kure Beach, North Carolina 28449
Dear Mr. Montgomery;
February 15, 2007 R,; IVE, D
rc15 19 2007
M
T
Subject: NPDESPennitNumberNCS000499
New Hanover County, Town of Kure Beach
In accordance with your application for a stormwater discharge permit received on March 31,
2004 and as amended, we are forwarding herewith the subject NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or
as subsequently amended).
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 I5013 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.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919/733-5083 ext. 545,
Sincerely,
Alan W. Klirnek, P.E.
cc: Mike Mitchell, EPA Region fV
Central Files
Stormwater and General Permit Unit Files
DWQ.RcgionahOflice
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
512 N. Salisbury St,, Raleigh, North Carolina 27604 NOrt l�ai 0�117a
Phone: [phone] / FAX: [phone] / Internel: h2o,enr.state.nc,us
An Equal OpportunilylAttirmative Action Employer - 50% Recycled/10% Post Consumer Paper Y ` atui ll

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000499
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Kure Beach
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Kure Beach Jurisdictional Area
New Hanover County
to receiving waters of the State, within the Cape Fear River basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, VI, VII and
VIII hereof.
This permit shall become effective March 1, 2007.
This permit and the authorization to discharge shall expire at midnight on February 28, 2012.
Signed this day February 15, 2007.
>,)�- � � 2, / "
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000499
TABLE OF CONTENTS
PART I' PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION 13: 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
SECTION 1-1. THREATENED OR ENDANGERED SPECIES
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 VI ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIIl DEFINITIONS
i

PERMIT NO. NCS000499
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Kure Beach is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters of the State within the Cape hear River Basin. Such
discharge will be controlled, limited and monitored in accordance with the pernittee's
Comprehensive Stormwater Management Program,; herein referred to as the Stonnwater Plan.
The Stonnwater Plan must detail the pennittee's stormwater management program for the five-
year term of the stonnwater permit including, for each of the measure identified in the permit, a
narrative description of the program, a table that identifies each best management practice (BMP)
used, the frequency of the BMP, the measurable goals for each BMP, the implementation
schedule, funding and the responsible person or position for implementation.
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. 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 we]I 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.
The Division may deny or revoke coverage under.this permit for separate entities and require
independent permit coverage as deemed necessary, to 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
ChR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-
163 and in accordance with the approved Stonnwater 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 pen -nit.
7. The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stonnwater 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 Stonnwater 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 standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan.
Part I Page 1 of 2

I
PERMIT NO. NCS000499
$. The permit authorizes the point source discharge of stonnwater runoff from the MS4. In
addition, discharges of non-stonnwater are also authorized through the MS4 of the pennittee if
such discharges are:
(a) . Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stonnwater associated with
industrial activity; or
(b) Deterrruned 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 15A NCAC 2H
.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 Stonnwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000499
PART Ill FINAL LIMITATIONS AND CONTROLS FOR PERIVITTTED DISCiIARGES
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 permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stonnwater Plan, The
pennittee 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 pennittee'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.
3. The pennittee will implement the components of the Stonnwater flan 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 Stonnwater
Plan. This will include the provisions of this permit.
5. 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.
6. The permittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this permit.
The permittee will implement a post -construction site runoff control program to regulate new
development and redevelopment by requiring structural and non-structural best management
practices to protect water quality, to reduce pollutant loading, and to minimize post -development
impacts. This program will include provisions for long-term operation and maintenance of
BMPs.
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.
9. Proposed permit modifications must be submitted to the Director for approval.
10. If the pennitted 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.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
Page 1 of 15

PERMIT NO. NCS000499
identify the locations of all currently known MS4 outfalls within its jurisdictional area
with the potential of discharging the pollutant(s) of concern: to the impaired segments, to
their tributaries, and to segments and tributaries within the watershed contributing to the
impaired segments. The permittee shall also develop a schedule to discover and locate all
other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s)
of concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the pe►nvttee shall develop a monitoring plan for each pollutant of concern. The
monitoring plan 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 permttee shall implement 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 corrnnent by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The penmittee shall incorporate the revised TMDL Water Quality Recovery
Program into the Stonnwater Management Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area by
referencing the 2004 Integrated 305(b) and 303(d) Report (or current version), available on the
website of the Division of Water Quality Modeling and TMDL Unit.
Page 2 of 15

PERMIT NO. NCS000499
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.
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(a) Identify. target pollutants
Identify the target pollutant and target
X
and target pollutant
pollutant sources the pertnittee's public
sources
education program is designed to address
and why they are an issue.
(b) Identify target audiences
Identify the target audiences likely to have
X
significant storm water impacts and why they
were selected.
(c) informational Web Site
Promote and maintain internet web site.
X
Examples include, but are not limited to: Post
newsletter articles on stormwater, information
on water quality, stormwater projects aiid
activities, and ways to contact stormwater
managernent program staff.
(d) Develop and distribute
Develop general stormwater educational
X
public education
material to appropriate target groups as likely
materials to identified
to have a significant stonnwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
permittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses,
available, when implementing its own
program.
(e) Media Campaign
Document campaign reach and frequency to
X
public for each broadcast media like radio and
TV, (including those elements implemented
locally or through a cooperative agreement).
Page 3 of 15

PERMIT NO. NCS000499
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{f) Establish Hotline/fIelp
Maintain a stormwater hotline/helpline.
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following:
permit issue date.
• Newspaper articles, press releases
and/or paid advertisements (i.e.,_inserts)
• Kiosks and signage
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
• Public meetings
• Community events
• Contest
• Storm drain marking
• Stream and.Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those,elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class room outreach '
• Distributing promotional giveaways and
specialty items
• Brochures, displays, signs, welcome
packets, and pamphlets
• Local cable access
• Newsletters
For each media, event or activity, including
those elements implemented locally or
through a cooperative agreement, measure
and record the extent of exposure.
Page 4 of 15

PEIWIT NO. NCS000499
SECTION C: PUBLIC INVOLVEMENT AND. 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 pennittee 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.
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(a) Administer a Public
Develop and implement a Public Involvement
X
V X
Involvement Program
and Participation Program, as outlined in (b)
through (e) below.
(b) Allow the public an
Conduct at least one public meeting in year 2
X
opportunity to review and
to allow the public an opportunity to review
comment on the
and continent on the Stonnwater Plan,
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
community involvement
stormwater related program, locally or
program
through a cooperative agreement, to promote
ongoing citizen participation. Examples
include, sponsoring and participating in Big
Sweep, Forming partnerships with local
businesses, Adopt a stream, Adopt a street,
promoting volunteer presentations, Creek
crawls, storm drain stenciling, and poster
contest
(d) Establish a mechanism
Established mechanism for public
X
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the stormwater
program.
(e) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
line
Page 5 of 15

PERMIT NO. NCS000499
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping to the
Permittee's MS4.
(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 map showing the permittee's major MS4 outfalls to state waters receiving discharges.
(e) Inform employees, businesses, and the general public of hazards associated with illegal
discharges and improper disposal of waste.
2. 13MI's for Illicit Discharge Detection and Elimination
The per rvttee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any goals.
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(a) Develop/Implement Illicit
Develop and implement an Illicit Discharge
X
Discharge Detection and
Detection and Elimination Program including
Elimination Program
provisions for program assessment and
evaluation.
(b) Establish and maintain
Establish and maintain adequate ordinances
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved Illicit
Discharge Detection and Elimination
Program.
(c) Develop a Storm Sewer
Map identifying major outfalls and
X
System Base Map and
stormwater drainage system components, At
Inventory of Major
a minimum, components include major
Outfall.
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update map of drainage system.
(d) Inspection/detection
Establish written procedures for detecting and
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the sources or reporting the sources
outfalls
to the State to be properly permitted.
Page 6 of 15

PERMIT NO. NCS000499
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(e) Employee training
Conduct training for appropriate municipal
X
staff on detecting and reporting illicit
discharges.
(f) Provide public education
Cnform public employees, businesses, and the
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize reporting mechanism
X
reporting mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(h) Established procedures to
Establish procedures to identify and report
X
identify and eliminate
sanitary sewer overflows and sewer leaks to
failed septic system and
the system operator.
sanitary sewer overflows.
Page 7 of 15

PERMIT NO. NCS000499
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
I. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stornwater 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 procedures for site inspection and enforcement of control measures.
2. BMPs for Construction Site Runoff Controls
(a) The permittee relies on New Hanover County to comply with this minimum measure.
The New Hanover County Sediment and Erosion Control Program effectively mcets the
requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities
less than one acre that are part of a larger common plan of development. 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..
(b) The pemvttec shall provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The pennittee may
implement a plan promoting the existence of the NCDENR, Division of Land Resources
"Stop Mud" hotline to meet the requirements of this paragraph.
(c) The pemuttee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Page 8 of 15

PERMIT NO. NCS000499
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 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 shall implement the following BMPs to meet the objectives of the Post -Construction
Stormwater Management Program.
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(a) Establish a Post-
Develop and adopt by ordinance (or similar
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Construction Stonnwater
regulatory mechanism) a program to address
Management Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date.
(b) Establish strategies which
Develop strategies that include a combination
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include BMPs
of structural and/or non-structural BMPs,
appropriate for the MS4
Implement them within 24 months of the
pen -nit issue date. Provide a mechanism to
require long -tern operation and maintenance
of structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified professional
(i.e., someone trained and certified by NC
State for BMP Inspection & Maintenance).
(c) Establish a program
Coordinate with County health department to
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under the Post-
control the known sources of fecal coliform to
Construction minimum
the maximum extent practicable. Implement
measure to control the
within 24 months of the permit issue'date.
sources of fecal coliform
to the maximum extent
practicable
(d) City Code, Permitting
Ensure development activities will maintain
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Regulations, Easement,
the project consistent with approved plans.
and/or Deed Restrictions
and Protective Covenants
Page 9 of 15

PERMIT NO. NCS000499
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Implement or require an operation and
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Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural BMPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program.
3. Post -Construction Site Runoff Controls.
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed 1(WS-I)— 15A NCAC 213.0212.
(2) Water Supply Watershed II (WS-II).— 15A NCAC 213.0214.
(3) Water Supply Watershed III (WS-1II) — 15A NCAC 213.0215.
(4) Water Supply Watershed IV (WS-IV) -- 15A NCAC 2B.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
= 15A NCAC 213.0235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —
15A NCAC 213.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 213.0251.
(b) In order to fulfill the post -construction minimurn measure program requirement, a
permittee, delegated program, or regulated entity may use the Department's model
ordinance, design its own post -construction practices based on the Department's
guidance on scientific and engineering standards for best management practices (BMPs),
incorporate the post -construction model practices described herein; or develop its own
comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwatcr management measure.
(c) Permittees must require stormwater controls for a project that disturbs one acre or more
of land, including a project that disturbs less than one acre of land that is part of a larger
common plan of development or sale. The stormwater controls shall be appropriate to the
project's level of density as follows:
(1) Post -construction model practices for low -density projects. — A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
low -density project if it contains no more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of Shellfish Resource
Waters is a low -density project if it contains no more than twenty-four percent
(24%) built -upon area or no more than two dwelling units per acre. Low -density
projects must use vegetated conveyances to the maximum extent practicable to
transport storrnwater runoff from the project. On -site stormwater treatment
Page 10 of 15

PERMIT NO. NCS000495
devices such as infiltration areas, bioretention areas, and level spreaders may
alsm o be used as added controls for stormwater runoff. A project with an overall
density at or below the low density thresholds, but containing areas with a
density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post -construction model practices for
low -density projects and locates the higher density in upland areas and away
from surface waters and drainageways to the maximum extent practicable.
(2) Post -construction model practices for high -density projects. — A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
high -density project if it contains more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of Shellfish Resource
Waters is a high -density project if it contains more than twenty-four percent
(24%) built -upon area or more than two dwelling units per acre. High -density
projects must use structural stormwater management systems that will control
and treat control and treat runoff from the first one and one-half inches of rain.
In addition, projects that are located within one-half mile and draining to
.Shellfish Resource Waters must control and treat the difference in the
stormwater runoff from the predevelopment and post -development conditions for
the one-year, 24- hour storm. The structural stormwater management system
must also meet the following design standards:
A. Draw down the treatment volume no faster than 48 hours, but no slower
than 120 hours.
B. Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm.
C. Remove an eighty-five percent (85%) average annual amount of Total
Suspended Solids,
D. Meet the General Engineering Design Criteria set out in 15A NCAC
0211 .1008(e) or a locally approved stormwater management manual.
E. Wet detention ponds designed in accordance with the requirements of
Paragraph (3)(d) may be used for projects draining to Class SA waters.
(d) For areas draining to Class SA waters, permittees, delegated programs, and regulated
entities must:
(1) Use BMPs that result in the highest degree of fecal coliform die -off and control
to the maximum extent practicable sources of fecal coliform while still
incorporating the stormwater controls required by the project's density level.
(2) Implement a program to control the sources of fecal coliform to the maximum
extent practicable, including a pet waste management component, which may be
achieved by revising an existing litter ordinance, and an on -site domestic
wastewater treatment systems component to ensure proper operation and
maintenance of such systems, which may be coordinated with local county
health departments.
(3) Prohibit new points of stormwater discharge to Class SA waters and prohibit
both increases in the volume of stormwater flow through conveyances and
increases in capacity of conveyances in existing stormwater conveyance systems
that drain to Class SA waters. Any modification or redesign of a stormwater
conveyance system within the contributing drainage basin must not increase the
net amount or rate of stonnwater discharge through existing outfalls to Class SA
Page 1 I of 15

PERMIT NO. NCS000499
waters. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer
or other natural area capable of providing effective infiltration of the runoff from
the one-year, 24-hour storm shall not be considered a direct point of stormwater
discharge. Consideration shall be given to soil type, slope, vegetation, and
existing hydrology when evaluating infiltration effectiveness.
(e) For BMPs that require a separation from the seasonal high-water table, the separation
shall be provided by at least 12 inches of naturally occurring soil above the seasonal
high-water table.
Page 12 of 15

PERMIT NO. NCS000499
SECTION G: POLLUTION PREVENTION AND GOOD 'HOUSEKEEPING FOR MUNICIPAL.
OPERATIONS
I. Objective for Pollution Prevention and Good Iousekeeping 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.
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(a) Develop an operation and
Develop an operation and, maintenance .
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maintenance program
program for structural stormwater BMPs ,
storm sewer system maintenance which may
include street sweeping and municipal
operations such as recycling and household
hazardous waste and oil collection.
(b) Develop Site Pollution
Develop and implement Site Pollution
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Prevention Plan for
Prevention Plan for Municipal Facilities
Municipal Facilities
owned and operated by the permitter with the
potential for generating polluted stormwater
runoff that has the ultimate goal of preventing
or reducing pollutant runoff.
(c) Inspection and evaluation
Maintain an inventory of facilities and
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff, including the
BMI's.
MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, implement appropriate controls, and
document the accomplishment of corrective
actions.
(d) Conduct staff training
Conduct staff training specific for pollution
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procedures.
Page 13 of 15

PERMIT NO. NCS000499
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(e) Spill Response
Establish spill response procedures for
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Procedures
municipal operations owned and operated by
the pennittee with the potential to generate
polluted stormwater runoff.
(f) Prevent or Minimize
Describe measures that prevent or minimize
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Contamination of
contamination of the stormwater runoff from
Stormwater Runoff from
all areas used for vehicle and equipment
all areas used for Vehicle
cleaning. Perform all cleaning operations
and Equipment Cleaning
indoors, cover the cleaning operations, ensure
washwater drain to the sanitary sewer system,
collect stormwater runoff from the cleaning
area and providing treatment or recycling, or
other equivalent measures. if sanitary sewer is
not available to the facility and cleaning
operations take place outdoors, the cleaning
operations shall take place on grassed or
graveled areas to prevent point source
discharges of the washwater into the storm
drains or surface waters.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess ponded
water shall be removed and properly handled
prior to removing the drain cover.
The point source discharge of vehicle and
equipment wash waters, including tank
cleaning operations, are not authorized by this
permit and must be covered under a separate
NPDES permit or discharged to a sanitary
sewer.in accordance with applicable
industrial pretreatment requirements.
Page 14 of 15

PERMIT NO. NCS000499
SECTION 11: THREATENED OR ENDANGERED SPECIES
1. Certain waters provide habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries
Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications.
The shortnose sturgeon (Acipenser brevirostrum) was listed as endangered on March 11, 1967
(32 FR 4001) and remained on the endangered species list with enactment of the ESA in 1973.
Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United
States. Shortnose sturgeon inhabit the main stems of their natal rivers, migrating between
freshwater and mesohaline river reaches. Spawning occurs in upper, freshwater areas, while
feeding and overwintering activities may occur in both fresh and saline habitats.
3. Under the provisions of the Final Recovery Plan published by the National Marine Fisheries
Service (NMFS) in December 1998, the permittee shall implement measures to increase
awareness of shortnose sturgeon and their status by formulating a public education program that
generates public interest in sturgeon and sturgeon recovery by contacting media outlets,
suggesting feature stories, and using existing forums for educating the public (e.g., public
aquaria, FWS Partners for Wildlife Program, private foundations). Articles, posters, and
pamphlets should be published to increase public knowledge of shortnose sturgeon and their
unique and complex life history. This information may include identifiable features of the
species, listing status, range, susceptibility to incidental captures, and a number or address to
report sightings or captures. The permittee shall offer to work with schools to develop and
evaluate educational materials and curricula that introduce students to sturgeons, the
river/estuarine environment, and the ESA.
Page 15 of 15

PERMIT NO. NCS000499
PART III PROGRAM ASSESSMENT
1. Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. If monitoring and sampling are being performed documentation of results shall be
included. Documentation will be kept on -file by the permttee for a period of five years and
made available to the Director or his authorized representative immediately upon request.
The permittee's Stonnwater 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 monitoring information to
the Division on an annual basis. This information will be submitted by May 1, of each year and
cover the previous year's activities from March I to February 28. 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 pennittee 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 Stonnwater Plan.
(1) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is'not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part III Page 1 of 2

PERMIT NO. NCS000499
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 III Page 2 of 2

PERMIT NO. NCS000499
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The pennittee 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
(a) 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:
(i) The authorization is 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 envirolunental/stormwater
matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 1 of 2

PERMIT NO. NCS000499
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 flour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ. Permittees are encouraged to use the state on-line reporting system for
annual reporting.
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 IV Page 2 of 2

PERMIT NO. NCS000499
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
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 pen -nit
termination, revocation and reissuance, or modification; or denial of permit'coverage upon
renewal application.
(a) The pennittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection improvement Act (31 U.S.C. §3701 note) (currently
$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 pen -nit 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 arnounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $137,500).
Part V Page 1 of 6

PERMIT NO. NCS000499
2. Duty to Mitigate
The pennittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
3. . Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
5. ' Property Rights
The issuance of this pen -nit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The pennittee shall furnish to the Director, within a reasonable tizric, any information which the
Director may request to detennine 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 pcnnittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate,. any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6

PERMIT NO. NCS000499
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 he
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.
Part V Page 3 of 6

PERMIT NO, NCS000499
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 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.
Part V Page 4 of 6

PERMIT NO. NCS000499
SECTION C: MONITORING AND RECORDS
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 is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of the Director.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulation's published pursuant to Section 304(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 al low 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 penniitee'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) I -lave access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
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PERMIT NO. NCS000499
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.
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PERMIT NO, NCS000499
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from -reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 21-1 .0100; and North Carolina General Statute 143-215.1 et. al.
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PERMIT NO. NCS000499
PART V11 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.
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PERMIT NO. NCS000499
PART VIII :DEFINITIONS
1. 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. Built -upon Area
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate
through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, perm�it 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.
Department
Department means the North Carolina Department of Environment and Natural Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
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PERMIT NO. NCS000499
Director -
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
11. Hazardous Substance
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 Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122,26.
14. Major municipal separate storm sewer outfall or "major outfall"
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
15. 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):
(a) 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, stormwatcr, 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
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PERMIT NO. NCS000499
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.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
16. 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).
17. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (l) 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.
18. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
19. Permittee
The owner or operator issued this permit.
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G
PERMIT NO. NCS000499
20. 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.
21. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stormwater control than the previous development.
22. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
23. 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.
24. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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