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HomeMy WebLinkAboutNCS000515_OTHER_20070529STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT VODA.PLICATION MPLIANCE HER DOC DATE ❑ 6-2- d-U -7 �Sa/ YYYYMMDD Salisbury Post AFFIDAVIT OF PUBLICATION NCDENR/DWQ STORMWATER PERMITTING UNIT SARAH YOUNG 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 NORTH CAROLINA ROWAN COUNTY Before the undersigned a Notary Public of said County and State, duly commisioned, qualified, and authorized by law to administer oaths, personally appeared WINFRED MENTION, who being first duly sworn, deposes and says that he is ASSISTANT ADVERTISING DIRECTOR of the SALISBURY POST, published, issued and entered as second class mail in the City of Salisbury, in said County and State, that he is authorized to make this affidavit and sworn statemeut,ihat the notice or other legal advertisement a true copy of which is attached hereto, was published in the SALISBURY POST , on the following dates: 04/03/2007 and that the said newspaper in which such notice, paper documnet or legal advertisement was published, at the time of each and every such publication, a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. NO. 54976 PUBLIC NOTICE S $56.06 Sworn and subscribed before me This 4th day of April, 2007 a.� J • NOTARY PUBLIC My Commision Expires —ug POST PUBLISHING COMPANY (' AD INSERTION ORDER Salesperson: Legals Printed at 04/04/07'13:24 Acct#: 112951 Ad#: 91432 Status: E NCDENR/DWQ STORMWATER PERMITTING UNStart: 04/03/07 Stop: 04/03/07 1617 MAIL SERVICE CENTER Times Ord: 1 Times Run: 1 RALEIGH NC 27699-1617 LEG 2.00 X 3.04 Words: 167 Contact: Rate: LEG Phone: (919)733-8053 Class: 002 LEGAL NOTICES Fax#: (919)733-9612 Descript: NO. 54976 PUBLIC NOTICE S Email: Given by: Created: smoor 03/28/07 11:19 Agency: ------------------------------------------------------------------------------- Last Changed: jswin 04/02/07 13:18 Source: 54976 Section: Page: Not Camera Ready Group: Misc: Color: Proof-- Pickup Date: Changes: None _ Copy _ Art size — Coupon: _ Special Instr:* --------------- PUB ZONE ED TP START INS STOP SMTWTFS SP A 95 S 04/03 INT A 95 S 04/03 No. 54976 PUBLJC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 The Town of China Grove has applied to renew their NPDES Phase i Stormwater Permit to discharge stormwater from their municipal separate storm sew- er system (MS4) located within Rowan County, to m- ceiving waters of the State, within the Yadkin Pee - Dee River Basin. Copies of the draft permit, No. NCSD00515, are available at the f0ilowing webshe: htto1/h2o.enr.s- tate.nc. uslsuloubl_icnotice.iLm or by contacting: Mike Randall, NC Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone Number. (919)-733-5063, extension 545 Mike. randall 0 ncmail. net Copies of the Stormwater Management Plan and the application are only available by contacting Mike Randall at the above address. Persons wishing to comment are invited to submit their comments in writing to the above address no later than May 4, 2007. All comments received prior to that date will be considered in the final determina- tion regarding permit issuance. All comments and re- quests should reference draft permit number NC- S000515. F \NA Michael F. Easley, Governor � 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Du Gy Alan W. Klimek, P. E. Director VQ Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 3, 2006 Mr Rory Kent Mishak, Utilities Director Town of China Grove 205 Swink Street China Grove, North Carolina 28023 Subject: NPDES Permit Number NCS000515 Additional Information Request Dear Mr. Mishak: 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. The Stormwater Management Report detailing the proposed storrnwater management program for the five-year permit did not address the following: 1. To meet the objectives of the Illicit Discharge Detection and Elimination Program, the Town of China Grove must establish and publicize a reporting mechanism for the public to report illicit discharges. 2. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove will need to monitor the Rowan County Environmental Services program for effectiveness in the permittee jurisdiction. 3. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove 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. 4. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must establish procedures for site inspection. 5. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by Rowan County Environmental Services. Potential problems at construction sites with sediment and erosion control permits must be reported to the Rowan County Environmental Services. The Town of China Grove must maintain a record of findings and followup actions taken. 6. Under the Post -Construction Stormwater Management Program the Town of China Grove low density development built -upon area of 30% or less is not consistent with Session Law. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 tCOE_NR Customer Service 1-877-623-6748 7. To meet the objectives of the Pollution Prevention and Good. Housekeeping Program the Town of China Grove must develop an inventory of all facilities and operations owned and operated by the permittee 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. 8. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must conduct an annual review of the industrial activities J7, with a Phase I NPDES stormwater permit owned and operated by the the Town of China Grove. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the Town of China Grove. 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, February 17, 2006. 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, Mike Randall Environmental Engineer cc: DWQ Ce�nt�:Eile) Stormwater Permits Unit DWQ Mooresville Regional Office Mr. Rory Kent Mishak Town of China Grove 205 Swink Street China Grove, NC 28023 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural RCSOnreCS November 28, 2005 Subject: New Individual Permit Request Alan W. Klimek, P.E. Director Division of Water Quality Your request for a new NPDES General Permit received on �� S is being returned due to: ❑ Check for $715.00 made payable to NCDENR is missing. ❑ Application is incomplete. ❑ Application package is missing the supporting documents. ❑ Missing copy of county map or USGS quad sheet with facility clearly markers. Others 7kt DSO (/J 0-6 r VAJL ��C-� „ Pay Please return the information so we can continue processing your request. If you have any additional questions, please contact Bradley Bennett at (919) 733-5083 extension 525, or Sarah Young at (919) 733-5083 extension 502. DWQ Stormwater Permitting Unit No,�t1hCarolina ,NlIt111Y1��1/ North Carolina Division of Watcr Quality 1617 Mail Service Center Raleigh, NC 27699-11617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper F Nf A ]' Michael F. Easley, Governor William G. Ross Jr., Seeretary North Carolina Department of Environment and Natural Resources i - Alan W. Klimek, P- E. Director Division of Water Quality }` Colcen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Town of China Grove, Rowan County NPDES Permit Number: NCS000515 Facility Location: Town of China Grove, Rowan County Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Cold Water Creek, Grants Creek, Town Creek, and their unnamed tributariesYadkin — Pee Dee River Basin River Basin: Yadkin —Pee Dee River Basin Stream Classification: C,.WS IV Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable Response Requested by (Date): February 17, 2006 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the docurnents reviewed, the application information submitted on October 31, 2005 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Datebo Stormwater and General Permits Supervisor Date_ZCi'�S r ¢y Concurrence by Mooresville Regional Office Date Water Quality Supervisor Date N. C. Division or Water Quality 1617 Mail Service Center Raleigb, North Carolina 27699-1617 (919) 733-5083 OVA l7ENR Customer Service 1-977-623-6748 Regional Office Staff Comments l 2 W A TF Michael F. Easley, Governor F 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources `O,4 Alan W. Klimek, P. E. Director J Division of Water Quality Q ^[ Coleen H. Sullins, Deputy Director Division of Water Quality January 3, 2006 Mr Rory Kent Mishak, Utilities Director Town of China Grove 205 Swink Street China Grove, North Carolina 28023 Subject: NPDES Permit NumberNCS000515 Additional Information Request Dear Mr. Mishak: 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. The Stormwater Management Report detailing the proposed stormwater management program for the five-year permit did not address the following: 1. To meet the objectives of the Illicit Discharge Detection and Elimination Program, the Town of China Grove must establish and publicize a reporting mechanism for the public to report illicit discharges. 2. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove will need to monitor the Rowan County Environmental Services program for effectiveness in the permittee jurisdiction. 3. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove 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. 4. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must establish procedures for site inspection. 5. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by Rowan County Environmental Services. Potential problems at construction sites with sediment and erosion control permits must be reported to the Rowan County Environmental Services. The Town of China Grove must maintain a record of findings and followup actions taken. 6. Under the Post -Construction Stormwater Management Program the Town of China Grove low density development built -upon area of 30% or less is not ---- - - -- - consistentwithSession-Law ---- - - -- -- - - - - -- - N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 NCrjENR Customer Service 1-877-623-6748 7. To meet the objectives of the Pollution Prevention and Good Housekeeping Program the Town of China Grove must develop an inventory of all facilities and operations owned and operated by the permittee 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. 8. To meet the objectives of the Construction Site Runoff Controls Program the Town of China Grove must conduct an annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the the Town of China Grove. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the Town of China Grove. 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, February 17, 2006. 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, Mike Randall Environmental Engineer cc: DWQ Central File Stormwater Permits Unit �DWQ`IVlooiesvilleRegional''Office STATE of NORTH CAROLINA DEPARTMENTof ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000515 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the NOrth Carolina Environmental cy, •.-. s Management Commission, and the Federal Water Pollution Control Act, as,amended, Town of China Grove is hereby authorized to discharge stormwater from their muriicipai)separate storm sewer system located: within the Town of China G' 6ve.Jbrisdictional Area to receiving waters, Cold Water Crec the Yadkin — Pee Dee River Basin in and other conditions set forth in Part This permit shall become effective Month Day, Year. `I own Creek, and their unnamed tributaries, within 'the discharge limitations, monitoring requirements, V1, VII and VIE hereof. 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. NCS000515 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 PARTICIP.A9'ION,; SECTION D: ILLICIT DISCHARGE DETECTION AND ELT -1 IINAT[ON Ir:r SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS:':m SECTION F: POST -CONSTRUCTION SITE RUNOFFC4 , ROLS SECTION G: POLLUTION PREVENTION AND G- 000 OUSEKEEPING FOR MUNICIPAL OPERATIONS r ' PART III PROGRAM ASSESSMENT'"': . PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDIT�ISONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART Vll ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS000515 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of China Grove is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Cold Water Creek, Grants Creek, Town Creek, and their unnamed tributaries, within the Yadkin — Pee Dee River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit A-.rAJl/ Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. if E. All discharges authorized herein shall be adequately r conditions of this permit. Any other point source disc prohibited unless it is an allowable non-stormwater-�di authorization, or approval. ' This permit does not relieve the permittee applicable federal, state, or locat�l w,_rule n accordance with the terms and >urrface waters of the state is its covered by another permit, iility for compliance with any other nance, order, judgment, or decree. 4. This permit covers activities associafed4ith tlie'discharge of stormwater from the MS4 within the jurisdictional area of the permittee a5 described in the approved local Stormwater Plan to control potential pollution from ithe MS44The 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 p6 nittee. Agreements for coverage under this permit must be approved by the Division of Waier 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 124, North Carolina General Statutes 143-215.1 and Session Law 2004- 163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are 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. 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 Managerent-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 I of 2 PERMIT NO. NCS000515 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: water line flushing; landscape irrigation; diverted stream flows; rising groundwaters; uncontaminated groundwater infiltration ' uncontaminated pumped groundwatter, discharges from potable water sources; foundation drains; fi� air conditioning condensate (commerciaVfesidential); "bill, irrigation waters (does�HbOincfff& 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 Stormwater Plan. Part I Page 2 of 2 PE] vIIT NO. NCS000515 PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisionsjof the Stormwater Plan. The permittee will keep the Division advised of the status of developn ent of appropriate ordinances and legal authorities and will pursue these authorities in�corda ce wik�th the schedule outlined in the Stormwater Plan. vim' 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of „N N 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 mess tt resInd p grams that are most effective and lir et efficient at varying stages of the plan's imp q nentatton " 3. The permittee will implement the component of the Stormwater Plan to prohibit, to the maximum extent practicable, illicitjcori ectionpills and illegal dumping into the MS4. 4. The permittee will implementxprovision�of the Stormwater Plan as appropriate to monitor and assess the performance of thdNarious management measures that are a pact of the Stormwater Plan. This will include the p�o s 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 quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 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. Part II Page 1 of 12 PERMIT NO. NCS000515 it. 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. (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 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 m yAbe discharging the pollutant(s) of concern: to the impaired stream segments, to their trit5utanes, and to segments and iM tributaries within the watershed contributing to The:ipaire`segments. (b) Within two years after receiving the Division's'.notice that the permittee is subject to a t_ 1, ..Zy TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample`loca(ion•ba erbal description and latitude and R O - longitude coordinates, sample type, fjrequ ncy, any seasonal considerations, and a AV monitoring implementation schedule'for each pollutant of concern. Where appropriate, the permittee may reduce;hhe monitoring hurden by proposing to monitor outfalls that the Division would consider substantially_jj'similar to other outfalls. The permittee may also propose in -stream monitorring tierce iViKould complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a)jabove 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 BM -Ps 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 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 into the-Stormwater Manage ment.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. Part 11 Page 2 of 12 PERMIT NO. NCS000515 12. 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, IG U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. (a) The permittee shall incorporate in their Stormwater Management flan site -specific stormwater management requirements for streams supporting federally -listed threatened and endangered aquatic animalspecies required b„Y,+site-.�Peific management plans and schedules developed under provisions of 15A NCAC,2B .0.1'10 (b) The, permittee must include documentation suppb't*-tiHg Endangered and Threatened Species and Critical Habitat Protection deterrrunation .4,mcluding: i. Information on whether listed endangered" -or hreatened species, or critical habitat are found in proximitytto the site; ii. Whether the continued existernce'olratiy species that are federally -listed as endangered or threatened (.l&ed") under the Endangered Species Act (ESA) may be adversely aMd;pied,by`the permittee's stormwater discharges, allowable non-stormwate'Vdischarges, and stormwater discharge -related activities (including BMP installation). iii. Whether thepernuttee's stormwater discharges, allowable non-stormwater discharges, acid s ormwater discharge -related activities (including BMP installation) result in the adverse modification or destruction of habitat that is federally -designated as critical under the ESA ("critical habitat"). iv. Results of endangered species screening determinations; and V. A description of the measures the permittee must implement to protect listed endangered or threatened species, or critical habitat. Part II Page 3 of 12 PERMIT NO. NCS000515' 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 Storer pollution. (d) Inform the public on steps they can take to reduce,,*or prevent stormwater pollution. 2. BMPs for Public Education and Outreach a. 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 modifi&tion of75ny goals. .e 14 a � w P " Measurable Goals*' �� 'Y f� R ' YR 4, �X, '�. . z �:'..v Wit- .i: .1 4 _ '�'L.7. , .e�$iti 'm" A h' i .. s r,-',..Ci"S. � ..+ �.. +. a.:'t (a) Establish a Public Develop a p blic educaationlrogram and X X X X X Education and Outreach implement�wtthin 12kinonths of the permit Program issue date„:�Iicorporate outreach elements for significant nunoriiyrand disadvantaged AV comities � (b) Informational Web Site Developdid'maintain stormwater information X X X X page for the existing Rowan County internet website. Post newsletter articles and brochures and provide information on water quality, stormwater stormwater pollutants and ways to minimize them, municipal stonnwater projects and activities, and provide contacts for reporting and questions. (c) Public education The permittee may rely on state -supplied X X materials for schools, Public Education and Outreach materials, as homeowners, and/or available, when implementing its own businesses program. (d) Public education material Distribute brochures through event displays X X X dissemination and bill inserts. Include information on steps to reduce pollution sources including proper disposal of used oil and toxic materials, public reporting of illicit discharges and awareness of nutrient and fecal coliform issues. Part 1I Page 4 of 12 PERMIT N0, NCS000515 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION I. 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. BN1[Ps for Public Involvement and Participation ' e The permittee shall implement the following BMPs to meet the 0bjectives�of the Public Involvement and Participation Program and shall notify the Division primt0,modification of any goals. �p it ��,Erq YR 1T L-YR ' R" YR ' 1,YR:.t s.7 N : tc�t' "F.Ei._ }Si� af}yJa,� s'r� `c. �kxi'�Y" sx. ". `'. + is�:i, 3 FA'r"k':i 4 ail; -��F ii '.�2''1�. h� .�an�il'1 hi �< •.1 't5 (a) Administer a Public Develop and implement a Public -Involvement X X X X X Involvement Program and Participation Program. (b) Allow the public an Conduct a ieast'"oiie�publi&meeting to allow X opportunity to review and the public an opportunity to review and comment on the �r comment onithe:Sto_ rmwater Plan. IV Stormwater Plan 7 (c) Organize a volunteer Organize and implement a volunteer X X X X community involvement k"A stormwater rel ted program designed to program promcteyo`Wgoing citizen participation. (d) Establish a Stromwater Develop a Stromwater Management Panel for X X X X X Management Panel input on stormwater issues and the stormwater program. Part 11 Page 5 of 12 PERMIT NO. NCS0005 L5 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 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 MSd. (c) Implement appropriate enforcement procedures and actions: c (d) Develop a storm sewer system map showing all or tfalls'and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. SMPs for Illicit Discharge Detection and Elim The permittee shall implement the following BMPs to meet tlieobjectives of the Illicit Discharge Detection and Elimination Program and shall notifyjthS,Divisibn prior to modification of any goals. .'� =BN1P�" IyleasurablesGoals .t1W �YaRYR Y�R YR YR ME (a) Develop/Implement Illicit Develop an&iii�plement'an Illicit Discharge X X X X X Discharge Detection and Detection and Elimination Program. Include Elimination Program provisions for ogram assessment and Est . evaluation. (b) Establish and maintain IEstallish Arid maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges and authorities enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map stormwater X X X X X System Base Map drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to detect dry X X X X X discharge detection weather flows at system outfalls. Establish procedures 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 Illicit Discharge Program. (e) Conduct employee cross- Conduct training for municipal staff on X X X X X training detecting and reporting illicit discharges- (f) Provide public education Inform public employees, businesses, and the X X X X X general public m of hazar-& associated -with--" - illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X X X reporting mechanism mechanism for the public to report illicit discharges. Part II Page 6 of 12 PERMIT NO. NCS0005 l5 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 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 r4�1s.+1' impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators tocontrol aste such as discarded building materials, concrete truck washout, chef ical41 s, litter,and sanitary waste at the construction site that may cause adverse impactto_;water quality. 2. BNIPs for Construction Site Runoff Controls The permittee relies on Rowan County Enviro measure. The permittee shall implement the f Construction Site Runoff Controls an�d's,jhall,n ices to comply with this minimum Ps to meet the objectives of the sion prior to modification of any goals. BMI:.� "44,�° y..�,t a ,iMeasurable Goalslq-YR `,q`�v�'.y"-'y':` �^ r , i$'. A"� e -�C. r•' '<ti tY+R�, t}R' YR s`. iYR,, Y�• f'YI y�y�"A '.'.', a?citi i`,:. a:�c.'11;.}siT.t'.i.s' ..C''..fi+�` Y rJY 1 fT" m ^.i.`'L'`;,,� Fr �2"�',x ^-`'t (a) Implement a program and The permittee relies on Rowan County X X X X X establish a regulatory Env ironmentaloServices to comply with this mechanism for erosion e:r minimum, measure. and sediment control (b) Develop requirements on The permittee relies on Rowan County X X X X X construction site Environmental Services to comply with this operators minimum measure. (c) Provide educational and The permittee relies on Rowan County X X X X X training materials for Environmental Services to comply with this construction site minimum measure. operators (d) Institute plan reviews The permittee relies on Rowan County X X X X X Environmental Services to comply with this minimum measure. (e) Program Evaluation The permittee will monitor the Rowan County X X X X X Environmental Services program for effectiveness in the permittee jurisdiction. (f) Establish public The permittee must provide and promote a X X X X X information procedures means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may , implement a plan promoting the existence of the NCDENR. Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part II Page 7 of 12 PERMIT NO. NCS000515 SMP • `Measurable Goals YR ' 1 YR 2 YR 3 AR 4 a YR F S (g) Establish inspection and Establish procedures for site inspection. The X X X X X enforcement procedures procedures should include prioritizing areas of inspections based on local criteria. (h) Site Inspections The permittee shall conduct random X X X X X inspections of local land disturbing activities that have a sediment and erosion control permit, issued by Rowan County Environmental Services. Potential problems at construction sites with.,-. k,x sediment and erosion control permits will be' reported to the Rowan County Environmental Services. The permittee will,[ ainta2n record of findin s and fotlow I actions taken. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit,:. Part II Page 8 of 12 PERMIT NO. NCS000515 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 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 A The permittee shall implement the following BMPs to meet the<objeeti\Ws 41he Post -Construction Stormwater Management Program. xs ��i: 3 �^; "' ` BMP��A 4 drr i :i. .�.�•Rio, 4' ,ZJ„.a - 1 ""^°-Er'� ivr''' s � `�Measur�ble Gna15=� � i ei i���, ""1�' ipf�k 7 i� f M1 HC C'L \� .0F4�% ,"YW,, 7'. "t'i - YR }.r lw YR ti. ,E.i.\... YR J: p YR�.: {{.,,�y�1 � 5 K titF W7 rV. Y. :.'_.,.V vc,N_K L9, fib ` k �„e{ ^ � + �I�i a �: ._+FY.r4:fl.1i. „'f .13�:3 tL �. u. L b L...J.r �.w' ? S 3 M �'..�s•. � 5'�° i✓.lf��MK J+:��•.iF i t'i1. }j': _ 150 (a) Establish a Post- Develop and adopt by�ordiiaancee (or similar X X X X X Construction Stormwater Ay regulatory mechanism) a program to address Management Program stormwateRrunof ..,from n' evelopment and redevelopme%1-,�Impllbinent and enforce the program witli024 months of the permit issue d+' �5 The be date. ordina wee must reviewed and approved by th�Director prior to AA implementation. Ensure that controls are in place.o;p�rev`e t or minimize water quality impacts, (b) Establish strategies which Develop strategies that include a combination X X X X X include BMPs of structural and/or non-structural BMPs. appropriate for the MS4 Implement them within 24 months of the permit issue date. Provide a 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 the X X X X X control the sources of maximum extent practicable. Develop an fecal coliform to the oversight program to ensure proper operation maximum extent and maintenance of on -site wastewater practicable treatment systems for domestic wastewater. Implement them within 24 months of the permit issue date. Municipalities must coordinate this program with the county health Part It Page 9 of 12 PERMIT NO. NCS000515 The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I - WS-lV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. zVWX a (b) Model Practices. For those areas within the jurisdictionaharea. of -the permittee that are Jr v r:ow not subject to the post -construction stormwater managementkprovisions of another existing state stormwater management program, thepermittee's Post -construction Stormwater Management Program must equal,a e eedhhe stormwater management and e'A . �� water quality protection provided by the followmg,model practices. �z (i) The permittee may issue a locahstormwater management permit to a Mr 'Ff development or redevelopment prpas either a low density project or a high density project. (ii) A project may be criteria: density project if it meets the following (A) Nottiore thanqtwo dwelling units per acre or (China Grove requesting 30% 6Fconsistent with Session law) 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) (B) (C) (D) (E) 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; All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A .NCAC 2H :1008(c);-- -- - - -- - --- - -- - -- _ -- - ._. . All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that Part II Page 10 of t2 PERM IT No. NCS000515 subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (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 s andards for best management practices, or it may incorporate the post -co sn iruction model practices to satisfy, in whole or in part, the requirements for post-constructionAstormwater management.:,:' Part 11 Page 1 1 of 12 PERMIT NO. NCS000515 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the=obj v" es iof the Pollution Prevention :y' .�r�.:-s-, d7 ion and Good Housekeeping Program and shall notify the Divisprior to�modification of any goals. VNM.�A Meas b1e Goals aIF,-3 YR � K YR zYR kYR YR'. VI r _ WORN p� k (a) Develop an operation and Develop an operation and.mamtenance X X X X X maintenance program program that has the ultimate oal off preventing or reducing poll ru off from munici al o erations. (b) Inspection and evaluation Develop anlinventory of h1146cilities and X X X X X of facilities, operations, and the MS4 system and operations'owned nd operated by the permittee with`thez,�o 'ential for generating associated structural storm aer'runoff, including the BMPs. polluted NIS4,synd� stent aassociated structural BMPs. Inspect-, nU al 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 pollution X X X X X prevention and good housekeeping rocedures. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES.stormwater regulated industrial permit owned and operated by the permittee. activities Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow- up actions at the facilities. Part II Page 12 of 12 PERMIT NO. NCS000515 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 will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immedtiately upon request. The permittee's Stormwater Plan will be reviewed and updated€5isznecessary, but at least on an annual basis. The permittee will submit a report of this evaluation an ," onitoring information to the Division on an annual basis. This information will be,sdbmitted by date of each year and cover the previous year's activities from Date to Date. The permittee s reporting will include appropriate information to accurately describe the progress status, and results of the permittee s Stormwater Plan and will include, but is not limited tortkiefollowing components: (a) The permittee will give a detailed descripti6n of thee status of implementation of the �°'ht't Stormwater Plan. This will?include information on development and implementation of all components of the Stormwater Plan:t��,f�or the past year and schedules and plans for the � year following each report. '= N% (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. Th slwwill include descriptions and supporting information for the proposed changes and4i6WIthese changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and 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. NCS000515 3. 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 linut 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. w Part III Page 2 of 2 PERMIT NO. NCS000515 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 (a) Duplicate signed copies of all reports required her6in, glt""all be submitted to the following address: ;. Department of Environment and Natuia@i�Resources y r. Division of Water Quality �'s-,;;, Stormwater PermittingrUnit .-' "—I. 1617 Mail Service Center:_- Raleigh, North Carolina 2,7699;1617 (b) All applications, reports,,6t.inforfriation submitted to DWQ shall be signed by a principal executive officer, ranking*616pted offj6al or duly authorized representative. A person is a duly authorized representativnIy i s (i) The authorizafion is madie 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 environmentallstorrnwater 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.thc possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000515 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 the apF ophate regional office any noncompliance that may constitute an imminent threat to *alth or the environment. Any information shall be provided orally within 24 hours from the me the permittee became aware of the circumstances. A written submission shag alsoefie_.prrovided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a descrtption of the noncompliance, and its causes; the period of noncompliance, includ n exactfdatess anditunes, and if the noncompliance has not been corrected, the anticipated time cornDliaan e`ig,- xp�ected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of�the noncompliance. The Director may waive the wfitten repo'rf on a case -by -case basis if the oral report has been received within 24 hours. k 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 IV Page 2 of 2 PERMITNO. NCS000515 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. a The ermittee shall comply with standards or i6hibitions esfablished under Section O P p Y p ,�: 307(a) of the Clean Water Act for toxic pollutariLs,, ith n the time provided in the regulations that establish these standards or prohibitrotisse ven if the permit has not yet been modified to incorporate the requiremenCV� , (b) The Clean Water Act provides that anyypersan wIio 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 Collectio 4Irnprovement Act (3 t 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 year, or both. Any person who knowingly violates permit conditions is s inject t�eTiminal penalties of $5,000 to $50,000 per day of k :' violation, or imprisonment;for not more than 3 years, or both. Also, any person who violates a permit conditio 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).1 (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class I1 violations are not to exceed the maximum amount§ authorized by Section - - - 309 2 {g)( )(B)-o the-Actand-the-Federal-Civil-I'enalties-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 I of 6 PERMIT NO. NCS000515 OR 3. 4. S. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 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 215f,3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 13119. Eu'rthermore, the permittee is responsible for consequential damages, such as fish kilisvenithoughIthe•responsibility for effective compliance may be temporarily suspended.` Oil and Hazardous Substance Liability Nothing in this permit shall be construed to precK the permittee from any responsibilities, liabilities, be subject to under NCGS 143-215.75 et seq. o Se Property Rights' The issuance of this permit d property, or any exclusive pr invasion of personal rights, n 6. Severability istirution of any legal action or relieve ties to which the permittee is or may 1 of the Federal Act, 33 USC 1321. of convey -any property rights in either real or personal ki-,es, nor, does it authorize any injury to private property or any y infringement of federal, state or local laws or regulations. 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. NCS000515 7. 8. 9. 10. 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. Penalties for Tampering The Clean Water Act provides that any person who falsi inaccurate, any monitoring device or method required to upon conviction, be punished by a fine of not more than, imprisonment for not more than two years per violation, for a violation committed after a first conviction of such is a fine of not more that $20,000 per day of violan O years, or both. j Penalties for Falsification of Reports tam` �PMswith, or knowingly renders naintaiiled under this permit shall, )00 p r��oiation, or by y,both_ If a conviction of a person is :1v5?� on:under this paragraph, punishment imprisonment of not more than 4 The Clean Water Act provides thaf atiy,persori>who knowingly makes any false statement, representation, or certification in any_record oi: other document submitted or required to be maintained under this permit, including ino miitoring 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 imprisonmentifor not more than two years per violation, or by both. 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. NCS000515 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. 2. 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. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforce men t,action that it would have been necessary to halt or reduce the permitted activity in order• to mamtatn compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS0005 l5 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 2. Flow Measurements Where required, appropriate flow measurement devicOandTmeihods consistent with accepted �� . aw scientific practices shall be selected and used to cnsureith'ke accuracy and reliability of .&I measurements of the volume of monitored dischar2es!��M. 3. 'Test Procedures Test procedures for the analysis df pollutantss,§hAll conform to the EMC regulations published pursuant to NCGS 143-215.63 et. segVitheVatevand Air Quality Reporting Acts, and to regulations published pursuant toSect a-304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and%egulation 40 CFR 136. To meet the intent of the mohiito rig -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, (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. Part V Page 5 of 6 PERMIT NO. NCS000515 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000515 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director frorn 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 I of 1 PERMIT NO. NCS000515 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 I5A NCAC ZH .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of PERMIT NO. NCS000515 PART VIII DEI+INITIONS Act See Clean Water Act, 2. Best Management Practice BMY 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). w 3. Built -upon Area 4 5 6 That portion of a development project that is covered surface including, but not limited to, buildings; pavei lots, and paths; and recreation facilities such as ten ni a wooden slatted deck, the water area of a swimming paving material to the extent that the paving material through the paving material. :3 Clean Water Act The Federal Water Pollutior amended, 33 USC 1251, et. Common Plan of Develo m impervious or partially impervious hand gravel areas such as roads, parking urts:'Built-upon area" does not include `,,,or pervious or partially pervious orbs water or allows water to infiltrate 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. Department -- - -Department- means -the -North- Carol ina-Department-of-Environment and Natural Resources----- 7. Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. Part VHI Page I of 4 PERMIT NO. NCS0005 1 5 ON 9 10. 12. 13. Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Grab Sample An individual sample collected instantaneously. Grab sa qualitatively monitored must be taken within the first 30 Hazardous Substance Any substance designated in 40 CFR Part 116 pursua" n p Z/�" Illicit .Discharge Any discharge to a MS4 that is r to an NPDES permit (other than and discharges resulting froth fii Industrial Agjyj For the purposes of this in 40 CFR 122.26. 11 be directly analyzed or 311 of the Clean Water Act. entirely of stormwater except discharges pursuant 1S,4 permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 14. 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, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIII Page 2 of 4 PERMIT NO. NCS000515 15. Non-storrnwater 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 pump, footing drains, lawn watering, individual residential car washing, flows from riparia�n,h a,bitats and wetlands, dechlorinated swimming pool discharges, and street wash + WateK(discharges or flows from fire fighting activities are excluded from the definition of illic t disctiarge,an(.only need to be addressed where they are identified as significant sources-of�polluta ts,to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions as: (1) Policies and ordinances that provide identified areas, protect sensitive• ra eas such increase open space, provide buffers,`Oong sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soil ssand v etaLion; (2) policies or ordinances that encourage yurbahIfeas, and areas with existing storm sewer ams �o�evelopers and the public about minimizing water ;s such as minimizing the percentage of impervious area after 2itnmize directly connected impervious areas, and source inf ill development in higher infrastructure; (3) education quality impacts; (4) other mr development, use of measure control measures often thou2 prevention. 17. Outfall involve1hanagement and source controls such /:/ h rements and standards to direct growth to " etlands and rinarian areas. maintain and/or as good housekeeping, preventive maintenance and spill The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this perrri t. 19. Point Source Discharge of Storm'water 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. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. Part VIII Page 3 of 4 i PERMIT NO. NCSOU0515 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain Water xquality standards in all seasons. The Clean Water Act, Section 303, establishes the water�'quality standards and TMDL programs. 23. Toxic Pollutant OKV Any pollutant listed as toxic under Section 307(a)(1) of the;,C]can Water Act. Part VIII Page 4 of. 4