NCS000424_Fletcher NOV-2020-PC-0317_20200720

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 20, 2020
CERTIFIED MAIL 7019 0700 0000 8867 8771
RETURN RECEIPT REQUESTED
Town of Fletcher
Attn: Rod A. Whiteside, Mayor
300 Old Cane Creek Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0317)
Town of Fletcher
NPDES MS4 Permit No. NCS000424
Henderson County
Dear Mr. Whiteside:
On July 16, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Fletcher National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your reference, a
copy of the MS4 Program Audit Report issued by DEQ is enclosed with this notice. This report
lists and describes the serious deficiencies with certain components of the MS4 permit, which
constitutes a violation of the Clean Water Act and is grounds for enforcement action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the Town of Fletcher is
required to complete the following actions:
(1) Respond in writing within thirty (30) calendar days from the date of receipt of this
notice to acknowledge these requirements and the intent to comply.
(2) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of
this notice. The resolution must declare support for a compliant stormwater
management program. A sample council resolution with the minimum requirements is
enclosed with this letter. An original signed document must be submitted to DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
D_E QJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
./ Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
g � / 828.296.4500
o.p:mremo fnmm�monu�aumi `./

Notice of Violation
July 20, 2020
Page 2 of 3
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part II Section F: Post -Construction Site
Runoff Controls. The self -audit must be documented utilizing the DEQ standard
MS4 Permit Compliance Audit Report Template.
b. Develop a Draft Stormwater Management Plan (SWMP) which details specific
actions, measurable goals, and implementation timelines to bring the stormwater
management program into compliance with NPDES MS4 requirements over the
new 5-year permit term. The SWMP must be documented utilizing the DEQ
Phase II MS4 SWMP Template. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the DEQ MS4
Program Audit Report and the Town of Fletcher self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written
DEQ concurrence that the submitted Draft SWMP documents a compliant stormwater
management program. A new 5-year NPDES MS4 permit will be public noticed along
with the submitted SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the Town of Fletcher fails to meet the aforementioned requirements and/or submits a
significantly noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in
Part V, Section A.1(c) of the permit:
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 [North Carolina
General Statute 143-215.6A]. Please note that compliance with the requirements of this
NOD and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.

Notice of Violation
July 20, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at [phone] or Isaiah.Reedng ncdenr.gov.
Sincerely,
Stanley E. Ail A
Regional Engineer
Division of Energy, Mineral and Land
Resources
Enclosures: DEQ MS4 Program Audit Report (July 16, 2020 Town of Fletcher)
Copy of NPDES MS4 Permit No. NCS000424
Sample Council Resolution
cc: Eric Rufa, Planning Director
[e-mail]
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000424
Town of Fletcher, NORTH CAROLINA
300 Old Cane Creek Road
Audit Date: July 16, 2020
Report Date: July 17, 2020
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

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NC5000424 FletcherM54Audit 20200716

TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
Listof Supporting Documents.......................................................................................................................3
Program Implementation, Documentation & Assessment...........................................................................4
Public Education and Outreach.....................................................................................................................7
Public Involvement and Participation...........................................................................................................8
Illicit Discharge Detection and Elimination(IDDE)........................................................................................9
Pollution Prevention and Good Housekeeping for Municipal Operations..................................................11
Total Maximum Daily Loads(TMDLs)..........................................................................................................13
Site Visit Evaluation: Municipal Facility No. 1.............................................................................................14
Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................16
Site Visit Evaluation: MS4 Outfall No. 2......................................................................................................17
Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1............................................18
DISCLAIMER
This audit consists of an evaluation of program compliance with the issued permit and implementation of
the approved Stormwater Management Plan. This audit report does not include a review of all program
components, and program deficiencies in addition to those noted may be present. The permittee is
required to assess program progress and permit compliance, and to implement the approved Stormwater
Management Plan in accordance with the issued permit.
NCS000424 Fletcher MS4 Audit 20200716 ii

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NCS000424 FletcherMS4Audit 20200716 iii

Audit Details
Audit ID Number:
Audit Date(s):
NCS000424_Town of Fletcher MS4 Audit_20200716
July 16, 2020
Minimum Control Measures Evaluated:
® Program Implementation, Documentation & Assessment
® Public Education & Outreach
® Public Involvement & Participation
® Illicit Discharge Detection & Elimination
❑ Construction Site Runoff Controls— No delegated Sediment and Erosion Control Program
❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program
❑ Post -Construction Site Runoff Controls
® Pollution Prevention and Good Housekeeping for Municipal Operations
® Total Maximum Daily Loads (TMDLs)
Field Site Visits:
® Municipal Facilities. Numbervisited: 1
® MS4Outfalls. Number visited: 2
❑ Construction Sites. Number visited: Choose an item.
® Post -Construction Stormwater Runoff Controls. Number visited: 1
❑ Other: Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
Inspector(s) Conducting Audit
Name• Title
Organization
Isaiah Reed, Environmental Specialist
NCDEQ
Audit Report Author •
Date:
Signature
Audit Report Author:
Date
Signature
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 1 of 19

Permittee Information
MS4 Permittee Name:
Town of Fletcher
Permit Effective Date:
February 20, 2017
Permit Expiration Date:
February 19, 2020
Mailing Address:
300 Old Cane Creek Road
Date of Last MS4 Inspection/Audit:
02/27/2014
Co-permittee(s), if applicable:
Permit Owner of Record:
William B. Moore, Mayor
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Christine Brown, Engineering Technician
McGill
Natalie J. Berry, Project Engineer
Henderson County
Eric Rufa, Planning Director
Town of Fletcher
Jabbo Pressley, Public Works Director
Town of Fletcher
MS4 Receiving Waters
Waterbodv
Classification
Impairments
Cane Creek
C
Fish Tissue Mercury (Nar, FC, NC), Benthos (Nar,
AL, FW)
Pinner Creek
C;Tr
Hoopers Crek
C;Tr
Kimsey Creek
C
Higgins Creek
C
Frady Lake
C
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 2 of 19

List of Supporting Documents
Item
Number
Document Title
When Provided
(Prior to/During/After)
1
SWMPA
During
2
Agreement with Henderson County
Prior to
3
Pesticide certification
During
4
Staff training sign in sheet.
During
5
Fletcher, NC Land Development Code
Prior to
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 3 of 19

Program Implementation, Documentation & Assessment
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title, Role)
Christine Brown, Engineering Technician
Natalie J. Berry, Project Engineer
Permit Citation
Program Requirement
Status
supporting
Doc No.
II.A.1
The permittee maintained adequate funding and staffing to implement and manage
Staffing and
the provisions of the Stormwater Plan and meet all requirements of the permit.
No
---
Funding
The Stormwater Plan identifies a specific position(s) responsible for the overall
coordination, implementation, and revision to the Plan.
No
---
Responsibilities for all components of the Stormwater Plan are documented and
position(s) assignments provided.
No
---
The permittee is current on payment of invoiced administering and compliance
monitoring fees (see Stormwater e-payments on DEMLR MS4 web page).
Yes
---
No Stormwater Management Plan has been maintained or implemented.
II.A.2 Stormwater
The permittee evaluated the performance and effectiveness of the program
Plan
components at least annually.
Yes
1
Implementation
and Evaluation
If yes, the permittee used the results of the evaluation to modify the program
components as necessary to accomplish the intent of the Stormwater Program.
No
---
Did the permitted MS4 discharges cause or contribute to non -attainment of an
applicable water quality standard?
No
---
If yes, did the permittee expand or better tailor its BMPs accordingly to address
the non -attainment?
No
---
SWMPA has been submitted regularly, but no documented modifications to the SWMP.
II.A.3
Keeping the
The permittee kept the Stormwater Plan up to date.
No
---
Stormwater Plan
Up to Date
The permittee notified DEMLR of any updates to the Stormwater Plan.
No
---
A SWMP has not been maintained and implemented.
II.A.4 Availability
The permittee kept an up-to-date version of its Stormwater Plan available to the
of the Stormwater
Division and the public online.
No
---
Plan
The online materials included ordinances, or other regulatory mechanisms, or a list
See
identifying the ordinances, or other regulatory mechanisms, providing the legal
Partial
commen
authority necessary to implement and enforce the requirements of the permit.
is
Ordinances and regulatory documents available at:
Hendersoncoun t ync. gov/waterreso urces/page/storm water-phase-ii-local-program
Fletchernc.org
NC5000424_Town of Fletcher MS4 Audit_20200716 Page 4 of 19

Program Implementation, Documentation & Assessment
II.A.3 & II.A.S
Not
Stormwater Plan
Did DEMLR require a modification to the Stormwater Plan?
q
Applicable
---
Modifications
If yes, did the permittee complete the modifications in accordance with the
Not
established deadline?
Applicable
No SWMP has been submitted or implemented.
II.A.6 Sharing
Responsibility
Are any control measures implemented by an entity other than the permittee?
Yes
2
If yes, is there a written agreement in place?
Partial
2
An agreement is in place with Henderson County but it does not reference the MCM or permit number specifically.
II.A.7
The permittee maintained written procedures for implementing the six minimum
Written
control measures.
No
---
Procedures
Written procedures identified specific action steps, schedules, resources and
responsibilities for implementing the six minimum measures.
No
---
No written procedures have been maintained by the permittee.
III. A
The permittee maintained documentation of all program components including, but
Program
not limited to, inspections, maintenance activities, educational programs,
No
---
Documentation
implementation of BMPs, enforcement actions etc., on file for a period of five years.
The permittee has not maintained documentation of all program components.
IILB
The permittee submitted annual reports to the Department within twelve months
Annual Report
from the effective date of the permit (See Section 111.B. for the annual reporting
Yes
1
Submittal
period specific to this MS4).
The permittee submitted subsequent annual reports every twelve months from the
scheduled date of the first annual report submittal.
Yes
1
The Annual Reports included appropriate information to accurately describe the progress, status, and results
of the permittee's Stormwater Plan, including, but not limited the following:
1. A detailed description of the status of implementation of the Stormwater Plan
as a whole. This will include information on development and implementation
Not
of each major component of the Stormwater Plan for the past year and
Reviewed
schedules and plans for the year following each report.
2. An adequate description and justification of any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
Not
the proposed changes and how these changes will impact the Stormwater
Reviewed
Plan (results, effectiveness, implementation schedule, etc.).
3. Documentation of any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater
Not
Reviewed
Plan.
4. 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
Not
Reviewed
Stormwater Plan.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 5 of 19

Program Implementation, Documentation & Assessment
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections, and enforcement
7ftlll�ld
actions.
SWMPA submitted annually.
IV.B
Annual Reporting
The Annual Reports document the following:
1. A summary of past year activities, including where applicable, specific
Not
quantities achieved and summaries of enforcement actions.
Reviewed
2. A description of the effectiveness of each program component.
Not
Reviewed
3. Planned activities and changes for the next reporting period, for each
Not
program component or activity.
Reviewed
4. Fiscal analysis.
Not
Reviewed
SWMPA submitted annually.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 6 of 19

Public Education and Outreach
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title, Role)
Christine Brown, Engineering Technician
Natalie J. Berry, Project Engineer
Permit Citation
Program Requirement
Status
supporting
Doc No.
11.B.2.a
The permittee defined goals and objectives of the Local Public Education and
Goals and
Outreach Program based on community wide issues.
No
---
Objectives
11.B.2.b
The permittee maintained a description of the target pollutants and/or stressors and
Target Pollutants
likely sources.
No
---
11.B.2.c
The permittee identified, assessed annually and updated the description of the target
Target Audiences
audiences likely to have significant storm water impacts and why they were selected.
No
---
11.B.2.d Residential
The permittee described issues, such as pollutants, the likely sources of those
and Industrial/
pollutants, potential impacts, and the physical attributes of stormwater runoff in
No
---
Commercial Issues
their education/outreach program.
11.B.2.e
The permittee promoted and maintained an internet web site designed to convey the
Informational
program's message.
No
••-
Web Site
II.B.2.f
The permittee distributed stormwater educational material to appropriate target
Public Education
No
-•-
Materials
groups.
II.B.2.R
The permittee promoted and maintained a stormwater hotline/helpline for the
Hotline/Help Line
purpose of public education and outreach.
No
---
II.B.2.h
The permittee's outreach program, including those elements implemented locally or
Public Education
through a cooperative agreement, included a combination of approaches designed to
No
---
and Outreach
reach the target audiences.
Program
For each media, event or activity, including those elements implemented locally or
through a cooperative agreement the permittee estimated and recorded the extent
No
---
of exposure.
The permittee has not maintained a Public education and outreach program.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 7 of 19

Public Involvement and Participation
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title, Role)
Christine Brown, Engineering Technician
Natalie Berry, Project Engineer
Permit Citation
Program Requirement Status Supporting
Doc No.
II.C.2.a Volunteer
Community
The permittee included and promoted volunteer opportunities designed to promote
No ---
Involvement
ongoing citizen participation.
Program
The permittee does not promote volunteer opportunities to promote ongoing citizen participation.
II.C.2.b
Mechanism for
The permittee provided and promoted a mechanism for public involvement that
Public
provides for input on stormwater issues and the stormwater program.
No
---
Involvement
II.C.2.c
The permittee promoted and maintained a hotline/helpline for the purpose of public
Hotline/Help Line
involvement and participation.
No
---
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 8 of 19

Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title,
Christine Brown, Engineering Technician
Role)
Jabbo Pressley, Public Works Director
Permit Citation
Program Requirement
Status Supporting
Doc No.
II.D.2.a
IDDE Program
The permittee maintained a written IDDE Program.
No ---
If yes, the written program includes provisions for program assessment and
Not
evaluation and integrating program.
Applicable
No Written IDDE Program has been maintained.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that
II.D.2.b
provides the legal authority to prohibit illicit connections and discharges to the MS4.
Yes
S
Legal Authorities
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D]
Yes
S
II.D2.c
The permittee maintained a current map showing major outfalls* and receiving
Storm Sewer
No
---
System Map
streams.
A current map has not been maintained by the permittee. A map from 2007 is available.
II.D.2.d
The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow
observations in accordance with written procedures.
No
---
Program
No dry weather flow field observation program has been written or implemented.
II.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation
identified illicit discharges.
No
---
Procedures
No written procedure has been maintained for IDDE.
II.D.2.f
For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the
Track and
following:
Document
Investigations
1. The date(s) the illicit discharge was observed
No
---
2. The results of the investigation
No
---
3. Any follow-up of the investigation
No
---
4. The date the investigation was closed
No
---
No tracking mechanism has been implemented for IDDE.
II.D.2.R Employee
The permittee implemented and documented a training program for appropriate
Training
municipal staff who, as part of their normal job responsibilities, may come into
No
---
contact with or otherwise observe an illicit discharge or illicit connection.
NO specific IDDE training in implemented regularly by the permittee.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 9 of 19

Illicit Discharge Detection and Elimination (IDDE)
II.D.2.h
The permittee informed public employees of hazards associated with illegal
Public Education
discharges and improper disposal of waste.
No
---
The permittee informed businesses of hazards associated with illegal discharges and
improper disposal of waste.
No
---
The permittee informed the general public of hazards associated with illegal
discharges and improper disposal of waste.
No
---
II.D.2.i
The permittee promoted, publicized, and facilitated a reporting mechanism for the
See
Public Reporting
public to report illicit discharges.
Yes
website
Mechanism
The permittee promoted, publicized, and facilitated a reporting mechanism for staff
to report illicit discharges.
No
---
The permittee established and implemented response procedures for citizen
Partial
---
requests/reports.
Responses to citizen requests documented in correspondence.
II.0.2.i
The permittee implemented a mechanism to track the issuance of notices of violation
Enforcement
and enforcement actions administered by the permittee.
No
---
If yes, the mechanism includes the ability to identify chronic violators for
Not
initiation of actions to reduce noncompliance.
Applicable
No NOV tracking mechanism has been maintained and implemented.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 10 of 19

Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title, Role)
Christine Brown, Engineering Technician
Jabbo Pressley, Public Works Director
Permit Citation
Program Requirement Status supporting
Doc No.
II.G.2.a
The permittee maintained a current inventory of facilities and operations owned
Facility Inventory
and operated by the permittee with the potential for generating polluted No ---
stormwater runoff.
There has no inventory maintained of municipal facilities.
II.G.2.b
The permittee maintained and implemented an O&M program for municipally
Operation and
owned and operated facilities with the potential for generating polluted
No
Maintenance (O&M)
stormwater runoff.
for Facilities
If yes, the 0&M program specifies the frequency of inspections.
No
---
If yes, the 0&M program specifies the frequency of routine maintenance
requirements.
No
---
If yes, the permittee evaluated the O&M program annually and updated it as
No
---
necessary.
No O&M Program has been maintained for municipal facilities.
II.G.2.c
—
Spill Response
The permittee had written spill response procedures for municipal operations.
No
---
Procedures
The permittee has recently created a spill response and reporting plan to be implemented moving forward.
II.G.2.d Streets,
The permittee evaluated existing and new BMPs that reduce polluted stormwater
Roads, and Public
runoff from municipally -owned streets, roads, and public parking lots within its
aN1
Parking Lots
corporate limits annually.
Maintenance
If yes, the permittee evaluated the effectiveness of existing and new BMPs
Not
based on cost and the estimated quantity of pollutants removed.
Applicable
No annual evaluation has been documented.
II.G.2.f
The permittee maintained and implemented an O&M program for the stormwater
O&M for Catch
sewer system including catch basins and conveyance systems that it owns and
No
---
Basins and
Conveyance Systems
maintains.
No O&M plan has been maintained far the stormwater system.
II.G.2.d
The permittee maintained a current inventory of municipally -owned or operated
Structural
structural stormwater controls installed for compliance with the permittee's post-
No
---
Stormwater Controls
construction ordinance.
An inventory of municipally owned SCMs.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 11 of 19

Pollution Prevention and Good Housekeeping for Municipal Operations
II.G.2.e
The permittee maintained and implemented an O&M program for municipally -
O&M for Structural
owned or maintained structural stormwater controls installed for compliance with
No
---
Stormwater Controls
the permittee's post -construction ordinance. If yes, then:
The O&M program specified the frequency of inspections and routine
maintenance requirements.
No
---
The permittee documented inspections of all municipally -owned or maintained
structural stormwater controls.
No
-•-
The permittee inspected all municipally -owned or maintained structural
stormwater controls in accordance with the schedule developed by permittee.
No
---
The permittee maintained all municipally -owned or maintained structural
stormwater controls in accordance with the schedule developed by permittee.
No
---
The permittee documented maintenance of all municipally -owned or
maintained structural stormwater controls.
No
---
No written program has been maintained for municipally owned Structureal Control Measures.
II.G.2.f
The permittee ensured municipal employees are properly trained in pesticide,
Yes
3
Pesticide, Herbicide
herbicide and fertilizer application management.
and Fertilizer
Application
The permittee ensured contractors are properly trained in pesticide, herbicide and
Management
fertilizer application management.
No
---
The permittee ensured all permits, certifications, and other measures for
Not
applicators are followed.
Applicable
Permittee has Pesticide certifications for Public Works Director.
II.G.2.g
The permittee implemented an employee training program for employees involved
Staff Training
in implementing pollution prevention and good housekeeping practices.
Yes
4
Staff training last implemented March 9, 2020.
II.G.2.h
The permittee described and implemented measures that prevent or minimize
Vehicle and
contamination of stormwater runoff from all areas used for vehicle and equipment
No
---
Equipment Cleaning
cleaning.
No documentation available for implemented measures.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 12 of 19

Total Maximum Daily Loads (TMDLs)
Staff Interviewed:
Eric Rufa, Planning Director
(Name, Title, Role)
Christine Brown, Engineering Technician
Natalie Berry, Project Engineer
Program Status:
❑ The permittee is not subject to an approved TMDL (skip the rest of this section).
® The permittee is subject to an approved TMDL for: Fish Tissue Mercury (Nar, FC, NC) 2008, Benthos (Nar, AL, FIN) 2008.
There ❑ is ❑ is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items ILH.1-5
below. If there is not a WLA, skip to item II.1-1.6 below)
supporting
Permit Citation Program Requirement Status Doc No.
II.H.3 TMDLs Within 12 months of final TMDL approval, the permittee's annual reports included
a description of existing programs, controls, partnerships, projects and strategies to No ---
address impaired waters.
Within 12 months of final TMDL approval, the permittee's annual reports provided
a brief explanation as to how the programs, controls, partnerships, projects and No ---
strategies address impaired waters.
Town staff did not address any of the impairments of Cane Creek.
ILH.4 TMDLs
Within 24 months of final TMDL approval, the permittee's annual reports included
an assessment of whether additional structural and/or non-structural BMPs are
No
---
necessary to address impaired waters.
Within 24 months of final TMDL approval, the permittee's annual reports included
a brief explanation as to how the programs, controls, partnerships, projects and
No
---
strategies address impaired waters.
No TMDL considerations have been included in the annual reports.
II.H.5 TMDLs
Within 36 months of final TMDL approval, the permittee's annual reports included
a description of activities expected to occur and when activities are expected to
No
---
occur.
No TMDL considerations have been included in the annual reports.
II.H.6 TMDLs
If there is no Waste Load Allocation in the approved TMDL, the permittee
evaluated strategies and tailored and/or expanded BMPs within the scope of the
six minimum measures to enhance water quality recovery strategies in the
No
---
watershed(s) to which the TMDL applies.
The permittee described strategies and tailored and/or expanded BMPs in their
Stormwater Management Plan and annual reports
No
---
No TMDL considerations have been included in the annual reports.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 13 of 19

Site Visit Evaluation: Municipal Facility No. 1
Facility Name:
Public Works Facility
Date and Time of Site Visit:
July 16, 2020. 2:OOpm
Facility Address:
25 Howard Gap Road
Facility Type (Vehicle Maintenance, Landscaping, etc.):
Vehicle Maintenance
Name of MS4 inspector(s) evaluated:
Eric Rufa
Most Recent MS4 Inspection (List date and name of inspector):
N/A
Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit:
Name
Title
Public Works Director
Jabbo Pressley
Observations
Facility Documentation/Training
Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific?
No
What type of stormwater training do facility employees receive? How often?
None
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
Stormwater DVD. Periodically. No set schedule.
Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
No
Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Yes
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist or other standardized form?
No
Does the MS4 inspector's process include taking photos?
No
Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)?
No
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
No
Did the MS4 inspector miss any obvious areas of concern? If so, explain:
No
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 14 of 19

Site Visit Evaluation: Municipal Facility No. 1
Does the MS4 inspector's process include presenting the inspection findings to the facility contact?
No
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
Yes. The valve for the secondary containment was not maintained in an off position.
If compliance corrective actions were identified, what timeline for correction/follow-up was provided?
Corrected during inspection.
Notes/Comments/Recommendations
The permittee had not designated any specific staff for the facility inspections.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 15 of 19

Site Visit Evaluation: MS4 Outfall No. 1
Outfall ID Number:
Date and Time of Site Visit:
None
7/16/2020
3:00pm
Outfall Description (Pipe Material/Diameter, Culvert, etc.):
Outfall Location:
85 Howard Gap Road
—18 inch plastic pipe.
Receiving Water: Is Flow Present? If So, Describe (Color, Approximate Flow Rate,
Cane Creek Sheen, Odor, Floatables/Debris, etc.):
No flow present.
Most Recent Outfall Inspection/Screening (Date):
None
Days Since Last Rainfall: Inches:
N/E
Name of MS4lnspector(s) evaluated:
Eric Rufa
Observations
Inspector Training/Knowledge
What type of stormwater training does the M54 inspector receive? How often?
Stormwater DVD.
Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations?
Yes.
Inspection Procedures
Does the inspector's process include the use of a checklist or other standardized form?
No
Does the inspector's process include taking photos?
No
Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? If so, what were they?
No
Inspection Results
Did the outfall inspection result in any work orders or maintenance requests? If so, for what issue(s)?
No
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 16 of 19

Site Visit Evaluation: MS4 Outfall No. 2
Outfall ID Number:
Date and Time of Site Visit:
None
7/16/2020 3:30pm
Outfall Location:
Outfall Description (Pipe Material/Diameter, Culvert, etc.):
404 Glennsprings Drive
Undetermined
Receiving Water:
Is Flow Present? If So, Describe (Color, Approximate Flow Rate,
Unnamed tributary of Cane Creek
Sheen, Odor, Floatables/Debris, etc.):
No flow observed.
Most Recent Outfall Inspection/Screening (Date):
None
Days Since Last Rainfall:
Inches:
N/E
Name of MS4lnspector(s):
Eric Rufa
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
Stormwater DVD. No regular schedule.
Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations?
Yes
Inspection Procedures
Does the inspector's process include the use of a checklist or other standardized form? Obtain copy.
No
Does the inspector's process include taking photos?
No
Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? If so, what were they?
No
Inspection Results
Did the outfall inspection result in any work orders or maintenance requests? If so, for what issue(s)?
Yes. Maintenance, repair, and cleaning at the outfall location was discussed during the audit.
Will a follow-up outfall inspection be conducted? If so, for what reason?
Yes. Part of the outfall monitoring for permit requirements.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 17 of 19

Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1
Site Name:
Date and Time of Site Visit:
Town Hall dry detention pond
7/16/2020
Site Address:
SCM Type:
300 Old Cane Creek Road
Dry Detention Pond
Most Recent MS4 Inspection (Include Date and Entity):
None
Name of MS4 Inspector(s) evaluated:
Most Recent MS4 Enforcement Activity (Include Date):
Eric Rufa
None
Name(s) and Title(s) of Site Representative(s) Present During the Site Visit:
Name Title
Eric Rufa Planning Director
Observations
Site Documentation
Does the site have an operation and maintenance plan?
No
Does the site have records of annual inspections? Are they performed by a qualified individual?
No
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
Stormwater DVD. No set schedule.
Did the MS4 inspector appear knowledgeable about MS4 requirements for post -construction site runoff controls?
No
Did the MS4 inspector appear knowledgeable about post -construction BMPs (general purpose/function, components, O&M
requirements, etc.)?
No
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist or other standardized form? What format?
No
Does the MS4 inspector's process include taking photos?
No
Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections?
No
Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge?
No
Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain:
No
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 18 of 19

Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1
Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing?
No
Compliance/Enforcement
What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in?
None
If compliance issues were identified, what timeline for correction/follow-up was provided?
Not determined.
NCS000424_Town of Fletcher MS4 Audit_20200716 Page 19 of 19

Energy, Mineral &
Land Resources
ENVIRONMENTAL OIIALITY
February 27,2017
Mark Biberdorf, Town Manager
Town of Fletcher
300 Old Cane Creek Rd
Fletcher. NC 28732
Subject: NPDES Permit Number NCS000424
Town of Fletcher
Dear Mr. Biberdorf:
ROY COOPER
Covemw
MICHAEL S. RECAN
Secretory
TRACY DAVIS
Director
RECEIVED
MAR 06 2017
CENTRAL FILES
OWR SECTION
We are forwarding herewith the subject stale - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .I 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 pennit does not affect
the legal requirements to obtain other permits which may be required by the other State, Federal or Local
Agency.
If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-
807-6374 or mike.randall a,ncdenr.ttov.
Sincerely
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
cc: Mike Mitchell, EPA Region IV
Central Files
cc: Stonmwaler Permitting Files
DEQ Asheville Regional Office
Attachment
Nothing Compares�
514atcol North Carolina I Environmental Quality I Energy.Mincralandland Res ut'ccs
512 N. Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612
919 707 9200

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT NO. NCS000424
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 Fletcher
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Fletcher corporate limits
Henderson County
to receiving waters, Cane Creek and unnamed tributaries, Pinner Creek, Hoopers Creek and an unnamed
tributary, Kimsey Creek, Higgins Branch, Frady Lake, within the French Broad River Basin in
accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Paris
1, IT, ITT, IV, V, VI, VII and VI11 hereof.
This permit shall become effective February 20, 2017.
This permit and the authorization to discharge shall expire at midnight on February 19, 2022.
Signed this day February 20, 2017.
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000424
TABLE OF CONTENTS
PART 1 PERMIT COVERAGE
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION IT: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S.143-215.1(b)]
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: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
9

PERMITNO. NCS000424
PART 1 PERMIT COVERAGE
A. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Fletcher is authorized to discharge stormwater from the municipal separate storm sewer
system (MS4) to receiving waters, Cane Creek and unnamed tributaries, Pinner Creek, I-loopers
Creek and an unnamed tributary, Kimsey Creek, Higgins Branch, Frady Lake, within the French
Broad River Basin. Such discharge will be controlled, limited and monitored in accordance with
the permittee's Stormwater Quality Management Program, herein referred to as the Stonnwater
Plan. The Stormwater Plan shall detail the pernittee's stormwater management program for the
five-year tern of the stormwater permit including, for each 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 cacti BMP, the implementation
schedule, funding and the responsible person or position for implementation.
B. All discharges authorized herein shall be managed in accordance with the terns 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.
C. 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.
D. This permit covers activities associated with the discharge of stormwater from the MS4 within the
corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well
as areas that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit shall be approved by the Division of
Energy, Mineral, and Land Resources, herein referred to as the Division.
E. 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.
F. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable
under State and local law, the permittee must develop and implement a Stormwater Plan in
accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of tile
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit and with the provisions of the Clean Water Act. Compliance with the
six minimum measures in 40 CFR § 12234(b-and with the requirements of this permit constitute
compliance with the Clean Water Act 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 Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
Part I Page 1 of 2

PERMIT NO. NCS000424
H. 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:
Permitted by and in compliance with another permit, authorization, or approval, including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
2. Determined to be incidental non-stonnwater flows that do not significantly impact water
quality and may include:
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlormated swimming pool discharges;
• street wash water;
• flows from firefighting activities.
The Division may require that non-stonnwater flows of this type be controlled by
the permittee's Stormwater Plan.
Unless otherwise stated, full compliance with the requirements of the permit is expected upon the
effective date of the permit -
Part I Page 2 of 2

PERMIT NO. NCS000424
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to
determine implementation status and progression toward meeting the pollutant control intent of the
Stonnwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the
Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as
stringent as the annual review described herein. Voluntary assessments may be conducted by the local
government, another local government with and NPDES MS4 permit, or an independent third party and
shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas:
e I , The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented and
position(s) assignments provided.
2. The permitter will implement provisions of the Stonnwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permiltee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the pennittee implements the six minimum control measures and the
discharges are determined to cause or contribute to non -attainment of an applicable water quality
standard, to address the non -attainment, the permitter shall expand or better tailor its BMI's
within the scope of the six minimum control measures.
3. The permittee is required to keep the Stonnwater Plan up to (late. Where the permittee determines
or is informed by the Division that modifications are needed to address any procedural, protocol,
or programmatic change, such changes shall be made as soon as practicable, but not later than 90
days, unless an extension is approved by the Division. When it notifies the Division of proposed
modifications, the permittee will include an explanation and justification of the proposed changes.
The permitter shall provide at least 30 days for the Division to provide feedback on proposed
modifications. Major modifications to the Stormwater Plan shall not lake effect until approved by
be submitted to the Director for approval.
4. The pennittee is required to make available its Stormwater Plan to the Division upon request. The
permitter is required to keep an up-to-date version of its Stormwater Plan available to the
Division and the public online. At a minimum, the pennittee The online materials shall include
ordinances, or other regulatory mechanisms, or a.list identifying the ordinances, or other
regulatory mechanisms, providing the legal authority necessary to implement and enforce the
requirements of the permit.
The Division may review reports submitted by the pennittee to assure that the
Stonnwater Plan is implemented appropriately to address the requirements of the permit.
The Division may require modifications to any part of the permitter's Stormwater Plan
where deficiencies are found. If modifications to the Stormwater Plan are necessary, the
Division will notify the permittee of the need to modify the Stormwater Plan to be
Part 11 Page I of 15

PERMIT NO. NCS000424
consistent with the permit and will establish a deadline to finalize such changes to the
program.
6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the
responsibility to implement the minimum control measures with other entities provided:
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
C. The other entity agrees to implements the control measure on behalf of the MS4.
Unless implemented by the State or where delegated by the state, the perrnittee remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures shall
identify specific action steps, schedules, resources and responsibilities for implementing the six
minimum measures. Written procedures can be free standing, or where appropriate, integrated
into the Storm Water Management Plan.
Part 11 Page 2 of 15

PERMIT NO. NCS000424
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities about the impacts of storm water discharges on water bodies and the steps the
public can take to reduce pollutants in storm water runoff.
BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Education
and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
a. Goals and Objectives
Defined goals and objectives of the Local Public Education and
Outreach Program based on community wide issues.
b. Describe target pollutants
The permittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall maintain a description of the target
audiences likely to have significant storm water impacts and
why they were selected.
d. Describe residential and
The permittee shall describe issues, such as pollutants, likely
industrial/commercial issues
sources of those pollutants, impacts, and the physical attributes
of stormwater runoff, in their education/outreach program.
e. Informational Web Site
The permittee shall promote and maintain, an intentet web site
designed to convey the program's message.
f. Distribute public education
The permittee shall distribute stormwater educational material to
materials to identified target
appropriate target groups. Instead of developing its own
audiences and user groups. For
materials, the permittee may rely on Public Education and
example, schools, homeowners,
Outreach materials supplied by the state, and/or other entities
and/or businesses.
through a cooperative agreement, as available, when
implementing its own program.
g. Maintain Hotline/Help line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and
outreach.
h. Implement a Public Education
The pennittee's outreach program, including those elements
and Outreach Program.
implemented locally or through a cooperative agreement, shall
include a combination of approaches designed to reach the target
audiences. For each media, event or activity, including those
elements implemented locally or through a cooperative
°
agreement the permittee shall estimate and record the extent of
exposure.
Part 11 Page 3 of 15

PERMIT NO. NCS000424
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
Comply with State and local public notice requirements when implementing a public involvement
and participation program.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The permittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program.
c. Hotline/Help line
The permittee shall promote and maintain a hotline/helpline for
the purpose of public involvement and participation.
Part 11 Page 4 of 15

PERMIT NO. NCS000424
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
Objectives for Illicit Discharge Detection and Elimination
a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4.
b. Maintain a storm sewer system map, showing the location of all major outfalls and the
names and location of all waters of the United States that receive discharges from those
outfalls;
C. Prohibit, through ordinance, or other regulatory inechanism, non -storm water discharges
except as allowed in this permit and implement appropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm water discharges, including illegal
dumping, to the MS4;
C. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non -storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to the MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, fooling drains, lawn watering,
individual residential car washing, charity car washes, flows front riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or
flows from firefighting activities are excluded from the effective prohibition against non -
storm water and need only be addressed where they are identified as significant sources
of pollutants to waters of the United States).
2. BMPs for Illicit Discharge Detection and Elimination
The permittee 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.
BMP
Measurable Goals
a. Maintain an Illicit Discharge
Maintain a written Illicit Discharge Detection and Elimination
Detection and Elimination
Program, including provisions for program assessment and
Program
evaluation and integrating program.
b. Maintain adequate legal authorities
The permittee shall maintain an IDDE ordinances or other
regulatory mechanisms that provides the legal authority to
prohibit illicit connections and discharges.
c. Maintain a Storm Sewer System
The permittee shall maintain a current a map showing major
Map of Major Outfalls.
outfalls and receiving streams.
d. Implement a program to detect dry
The permittee shall maintain a program for conducting dry
weather flows
weather flow field observations in accordance with written
procedures.
Part 11 Page 5 of 15

PERMIT NO. NCS000424
. BMP
Measurable Goals
e. Investigate sources of identified
The permittee shall maintain written procedures for
illicit discharges,
conducting investigations of identified illicit discharges.
f. Track and document investigations
For each case the pennittee shall track and documenll) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up of the investigation; and 4) the
date the investigation was closed.
g. Provide Employee Training
The permittee shall implement and document a training
program for appropriate municipal staff, who as part of their
normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection.
li. Provide Public Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
and improper disposal of waste.
i. Provide a public reporting
The permittee shall promote, publicize, and facilitate a
mechanism
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
j. Enforcement of the IDDE
The permittee shall implement a mechanism to track the
ordinance
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to identify chronic violators for initiation of actions
to reduce noncompliance.
Part 11 Page 6 of 15

PERMIT NO. NCS000424
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Pursuant to 40 CFR 122.35(b), the permittee may rely on the Henderson County Sediment and
Erosion Control Program to comply with this minimum measure. The Henderson County Sediment
and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for
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 as authorized under the Sediment Pollution Control Act of 1973 and
Chapter 4 of Title 15A of the North Carolina Administrative Code. The Henderson County Sediment
and Erosion Control Program continues to be monitored by the State to ensure the County effectively
meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of
Title 15A of the North Carolina Administrative Code.
2. The NCGO10000 permit establishes requirements for construction site operators to control waste
such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste
at the construction site that may cause adverse impacts to water quality.
3. The permittee shall 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 North Carolina Department of Environmental Quality
(NCDEQ or DEQ), Division of Energy, Mineral, and Land Resources "Stop Mud" hotline to
meet the requirements of this paragraph.
Part 11 Page 7 of 15

PERMIT NO. NCS000424
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
a. Implement and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre, including
projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the small MS4. The program shall ensure that controls are in place that
would prevent or minimize water quality impacts.
b. Implement strategies which include a combination of structural Stormwater Control
Measures (SCM) and/or non-structural best management practices (BMPs) appropriate
for the community;
C. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of SCMs.
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. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the permittee as approved by the
Division, the post -construction ordinances shall apply with regard to permit compliance.
legal authorities Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program
The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
The permittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other information deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for the purpose of inspecting at reasonable times any
facilities, equipment, practices, or operations related to
stormwater discharges to determine whether there is
compliance the Post -Construction Stormwater Management
Program.
Part 11 Page 8 of 15

PERMIT NO. NCS000424
BMP.
Measurable Goals
b. Strategies which include
Strategies which include Stonnwater Control Measures
Stormwater Control Measures
(SCMs) appropriate for the MS4, include, but are not limited
(SCMs) appropriate for the MS4
to compliance with 15A NCAC 02H Section .1000
effectively meets the Post -construction Stonnwater Runoff
control requirements.
c. Plan reviews
The permittee shall conduct site plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards and how the
project will ensure long -tern maintenance
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stonnwater control measures
control measures
installed and implemented at new development and
redeveloped sites, including both public and private sector
sites located within the pennittee's corporate limits that are
covered by its post -constriction ordinance requirements.
e. Deed Restrictions and Protective
The permittee shall provide mechanisms such as recorded
Covenants
deed restrictions and protective covenants that ensure
development activities will maintain the project consistent
with approved plans.
f. Provide a mechanism to require
The permittee shall implement or require an operation and
long -tern operation and
maintenance plan for the long -tern operation of the SCMs
maintenance of Stonnwater Control
required by the program. The operation and maintenance
Measures (SCMs).
plan shall require the owner of each SCM to perform and
maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs shall be
performed by a qualified professional.
g. Inspections
To ensure that all stormwater control measures are being
maintained pursuant to its maintenance agreement, the
permittee shall conduct and document inspections of each
project site covered under performance standards, at least one
time during the permit term.
Before issuing a certificate of occupancy or temporary
certificate of occupancy, the permittee shall conduct a post -
construction inspection to verify that the penmittee's
performance standards have been met or a bond is in place to
guarantee completion.
The permittee shall document and maintain records of
inspection findings and enforcement actions and make them
available for review by the permitting authority.
Part 11 Page 9 of 15

PERMIT NO. NCS000424
Measurable Goals
It. Educational materials and training The permittee shall make'available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other programs and adapted to the
pennittee's new development and redevelopment program.
i. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions. This mechanism shall include the
ability to identify chronic violators for initiation of actions to
reduce noncompliance.
3. Post -construction Stormwater Runoff Controls for New Development
a. In order to fulfill the post -construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its
own comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater managcmcnt measure required by 40 Code of Federal
Regulations § 122.34(b)(5) (I July 2003 Edition).
b. The permittee shall meet the requirements of the post -construction program for
construction projects that are performed by, or under contract for, the permittee. To meet
this requirement, the permittee may either develop the necessary requirements for post -
construction controls that will pertain to their own projects, or develop procedures to
ensure that the permittee meets these requirements by complying with another entity's
Phase lI Stormwater Management Programs for post -construction. If the permittee
decides to rely on another program for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Program that the permittee
will fully comply with the requirements of the second patty's post -construction programs.
c. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters,
permittees, delegated programs, and regulated entities must use stormwater control
measures (SCMs) that reduce nutrient loading in order to meet local program
requirements, while still incorporating the stormwater controls required for the project's
density level. Documentation shall be provided where it is not feasible to use
stonnwater control measures (SCMs) that reduce nutrient loading. In areas where the
Department has approved a Nutrient Sensitive Water Urban Stormwater Management
Program, the provisions of that program fulfill the nutrient loading reduction
requirement.
d. The design volume of SCMs shall take into account the runoff at build out from all
surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be
sized to treat and control Stormwater runoff from all surfaces draining to the SCM
including streets, driveways, and other impervious surfaces.
Part 11 Page 10 of 15

PERMIT NO. NCS000424
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
a. Implement an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
BMP
Measurable Goals
a. Inventory of municipally
The permittee shall maintain, a current inventory of facilities and
owned or operated facilities
operations owned and operated by the permittee with the potential
for generating polluted stormwater runoff.
b. Operation and Maintenance
The permittee shall maintain and implement, evaluate annually
(O&M) for municipally owned
and update as necessary an Operation and Maintenance (O&M)
or operated facilities
program for municipal owned and operated facilities with the
potential for generating polluted stormwater runoff. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures
The permittee shall have written spill response procedures for
municipally owned or operated facilities.
d. Streets, roads, and public
The pennittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff from municipally -owned
streets, roads, and public parking lots within their corporate limits.
The permitte must evaluate the effectiveness of these BMPs based
on cost and the estimated quantity of pollutants removed.
f. Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -
the stormwater sewer system including catch basins and
owned or maintained catch
conveyance systems that it owns and maintains.
basins and conveyance systems
d. Identify structural stormwater
The permittee shall maintain a current inventory of municipally -
controls
owned or operated structural stormwater controls installed for
compliance with the permittee's post -construction ordinance.
Part 11 Page 1 I of 15

PERMIT NO. NCS000424
BMP
Measurable Goals
e. O&M for municipally -owned
The permittee shall maintain and implement an O&M program for
or maintained structural
municipally -owned or maintained structural stormwater controls
stormwater controls
installed for compliance with the permittee's post -construction
ordinance.
The O&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittee shall inspect and maintain municipally -owned or
maintained structural stormwater controls in accordance with the
schedule developed by permittee. The permittee shall document
inspections and maintenance of all municipally -awned or
maintained structural stormwater controls.
f. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures for applicators are followed.
g. Staff training
The permittee shall implement an employee training program for
employees involved in implementing pollution prevention and
good housekeeping practices.
h. Prevent or Minimize
The permittee shall describe and implement measures to prevent
Contamination of Stormwater
or minimize contamination of the stormwater runoff from all areas
Runoff from all areas used for
used for vehicle and equipment cleaning.
Vehicle and Equipment
Cleaning
Part 11 Page 12 of 15

PERMIT NO. NCS000424
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs)
l . Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of
concern in accordance with approved Waste Load Allocation (WLAs) assigned to
stormwater in an approved TMDL.
2. The Permittee shall comply with the requirements of an approved TMDL.
3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.
4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.
5. Within 36 months of the final approval of a TMDL, the perntittee's annual reports shall
include a description of activities expected to occur and when the activities are expected
to occur.
6. If there was no storm water waste load allocation in the TMDL, in lieu of developing a
Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or
expand BMPs within the scope of the six minimum measures to enhance water quality
recovery strategies in the watershed(s) to which the TMDL applies. The pemtittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwaier
Management Plan and annual reports.
Part 11 Page 13 of 15

PERMIT NO. NCS000424
SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
Tire final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015. These federal regulations require electronic submittal of all MS4 program reports by no
later than December 21, 2020, and specify that, if a state does not establish a system to receive
such submittals, then permittees must submit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
2. This special condition supplements or supersedes the following sections within Part IV of this
permit (Reporting and Record Keeping Requirements):
• Paragraph 1. Records
• Paragraph 3. Annual Reporting
• Paragraph 8. Report Submittals
3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)]
Starting on December 21, 2020, the permittee shall electronically report the following compliance
monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III
2., Program Assessment annual report)
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
4. Electronic Submissions [Supplements Part IV, Paragraph 8.]
In accordance with 40 CFR 122.41(1)(9), the penmittee must identify the initial recipient at the
time of each electronic submission. The permittee should use EPA's website resources to identify
the initial recipient for electronic submission.
Initial recipient of electronic NPDF,S information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be. available as well. Currently, Electronic Reporting
Rule information is found at: hops://www.epa.gov/compliance/final-national-pollutant-
discharge-el imination-sysletn-npdes-electronic-reporting-nile
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittee must electronically submit MS4 annual program reports no later than the
15" of the month following the completed reporting period. The pennittee must sign and certify
all electronic submissions in accordance with the requirements of Pail IV, Paragraph 8. (c.) of this
pen -nil.
Part II Page 14 of 15

PERMIT NO, NCS000424
5. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required raider this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
littp://deq.ne.gov/about/divisiotis/water-resources/cdmr
6. Records Retention [Supplements Part rV, Paragraph 1.)
The permittee shall retain records of all Program Assessment annual reports, including electronic
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time (40 CFR
122.411.
Pant 11 Page 15 of 15

PERMIT NO. NCS000424
PART III PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring infonnation as necessary to evaluate the
progress and results of the pennittee's Stonnwater Plan.
A. 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 stonnwater
activities. 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 upon request.
B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness to the maximum extent practicable. The permittee shall develop and implement a
plan and schedule to address the identified modifications and improvements. The perntittee must
subunit annual reports to the Department within twelve months from the effective date of this
permit. Subsequent annual reports must be submitted every twelve months from the scheduled
elate of the first submittal. Annual reports that include appropriate information to accurately
describe the progress, status, and results of the pennittee's Stormwater Plan and will include, but
is not limited to, the following components:
1. The permittee will give a detailed description of the status of implementation of the
Stormwater Plan as a whole. This will include information on development and
implementation of each major component of the Stonnwater Plan for the past year and
schedules and plans for the year following each report.
2. The perntittee 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 Stonnwater Plan (results,
effectiveness, implementation schedule, etc.).
3. The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
4. 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
Stonnwater Plan.
5. The annual report shall include an assessment of compliance with the permit, information
on the establishment of appropriate legal authorities, inspections, and enforcement
actions.
C. The Director may notify the pennittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 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 plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph
7(c) 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.
D. The Division may request additional reporting information as necessary to evaluate the progress
and results of the perntittee's Stormwater Plan.
Part I11 Page 1 of 1

PERMIT NO. NCS000424
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis. The
annual report shall document:
a. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
C. Planned activities and changes for the next reporting period, for each program
component or activity.
d. Fiscal analysis.
2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements
satisfy the annual reporting requirements of this permit to the extent that the reports
satisfy Part 111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1,
Electronic Reporting [g.s. 143-215.1(b)] of this permit
3. Completion and submittal of the reporting information contained within the online BIMS
Stonnwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5,
Part IV, paragraph B 3 (c) and Part 11 Section I, Electronic Reporting [g.s. 143-215.1(b)]
of this permit through 2020.
4. Posting the results on the permitter website of the assessment process as established by
the Stormwater Association of North Carolina (SWANC), NC APWA and their partners
as conducted by another local government, a third party, or a self -assessment, satisfy Part
III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1, Electronic
Reporting [g.s. 143-215.1(b)] of this permit.
C. Twenty-four Hour Reporting
The permittee shall report to the Division 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 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.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting information on a more frequent basis as deemed
Part IV Page I of 2

PERMIT NO. NCS000424
necessary either for specific portions of the pernlittee's Stormwater Plan, or for the entire
Program.
E. Other Information
Where the pennittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
F. Planned Changes
The pennittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan; or where the modification could significantly change the timeframe for implementation of
parts of the program or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
2. All applications, reports, or information, other than those submitted electronically, shall
be signed by a principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
a. The authorization is made in writing by a principal executive officer or ranking
elected official;
b• 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 environmental/stormwater
matters; and
C. The written authorization is submitted to the Director.
3. 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 2 of 2

PERMIT NO. NCS000424
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee shall 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 pemtitlee 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.
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
$37,500 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 penally not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
C. Understate 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 penally 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
S 11,000 per violation, with the maximum amount of any Class I penally assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 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 11 penalty not to exceed $137,500).
Part V Page 1 of 5

PERMIT NO. NCS000424
2. Duty to Mitigate
The permittee shall take 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 penuittee 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 (]tough 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.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
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 than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 5

PERMIT NO. NCS000424
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This pennit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the pernittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The pernittee is not authorized to discharge after the expiration date. In order to receive
autornatic authorization to discharge beyond the expiration date, the pennittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at leas( 180 days prior to
expiration, or any discharge that does not have a pennit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a
review of the Stormwater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
Pan V Page 3 of 5

13ERMIT NO. NCS000424
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. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the 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 5

PERMIT NO. NCS000424
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
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 shall be kept under the conditions of this pennit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and
d. Sample or monitor at reasonable limes, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the permittee.
2. 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 Energy, Mineral, and Land
Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in.NCGS 143-215.6B or in Section 309 of the
Federal Act.
Part V Page 5 of 5

PERM IT NO. NCS000424
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing (lie 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.
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PERMITNO. NCS000424
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The pennittee shall 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. NCS000424
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Manaeement 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
"Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7.
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.
5. 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 constriction 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.
6. Denartment
Department means the North Carolina Department of Environmental Quality.
Division (DEMLR)
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Director .
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
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PERMIT NO. NCS000424
EMC
The North Carolina Environmental Management Commission.
10. Illicit Discharec
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.
11. Industrial Activity
For the purposes of this permit, industrial activities shalt mean all industrial activities as defined
in 40 CFR 122.26.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
(a) Located in an incorporated place with a population of 100,000 or more as determined by the
Decennial Census by the Bureau of Census; or
(b) Located in the counties with unincorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b) and
that are designated by the Director as part of the large or medium separate stone sewer
system.
13. Maier 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 stomn 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).
14. MEP
MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says
that "Compliance with the conditions of the general permit and the series of steps
associated with identification and implementation of the minimum control measures will
satisfy the MEP standard." Minimum control measures are defined in the Federal
Register as (1) public education and outreach, (2) public participation involvement, (3)
illicit discharge detection and elimination, (4) construction site runoff control, (5) post -
construction runoff control, and (6) pollution prevention/good housekeeping.
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PERMIT NO. NCS000424
15. Minimum Design Criteria (MDC)
"Minimum Design Criteria" or "MDC" means the requirements set forth in 15A NCAC 02H .1050
through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post -
construction monitoring and evaluation necessary for the Department to issue stormwater pennits that
comply with State water quality standards adopted pursuant to G.S. 143-214.1.
16. 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, marinade channels,
or storm drains):
(a) Owned or operated by the United States, a Slate, 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.
(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
17. Non-stormwater Discharge Categories
The following are categories of non-stortrtwater discharges that the permitlee shall address if it
identifies them as significant contributors of pollutants to the storm sewer system: waterline
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, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting 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 tile United
States).
18. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
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PERMIT NO. NCS000424
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.
19. 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.
20. Permittee
The owner or operator issued this permit.
21. 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.
22. Redevelopment
"Redevelopment" has the same meaning as in G.S. 143-214.7.
23. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred, A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
24. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
25. Stornwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
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PERMIT NO. NCS000424
26. Stonnwater Control Measures (SCM).
"Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a
permanent structural device that is designed, constructed, and maintained to remove pollutants From
stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by
promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination
thereof.
27. Stormwater Management Program (SWMP)
The tern Stormwater Management Program (SWMP) refers to the stormwater management
program (hat is required by the Phase I and Phase II regulations to be developed by MS4
permittees.
28. Stormwater Plan
The Stormwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stomwater management
program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
storrnwaler control measures.
29. Stormwater Runoff
The Flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
30. 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 (hat 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.
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Example Council Resolution of Commitment to Implement Compliant NPDES MS4 Program
Resolution No.: ###
Date Adopted: ###
RESOLUTION AFFIRMING THE MS4NAME COUNCIUSSUPPORT
REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that meets
the require mentsofthe MS4NAME National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS### to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared bythe MS4NAMEand approved bythe North
Carolina Departmentof Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires N PDES permits for stormwater
discharges from municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permitsare issued bythe North Carolina Departmentof
Environmental Quality; and
WHEREAS,the North Carolina Departmentof Environmental Quality issued the MS4NAME its third
NPDES MS4 Permit fordischarge of stormwater on DATE; and
WHEREAS,the MS4NAME was issued Notice of Violation number NOV-###-### on DATEfor
noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to obtain a new
individual NPDES MS4 Permit;and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to conduct a self -
audit of permit compliance forthe balance of permit requirements not specifically audited bythe North
Carolina Departmentof Environmental Quality, and to develop a draft Stormwater Management Plan to
comply with Section 402(p)(3)(B)(iii) ofthe Clean WaterAct, 40 CFR 122.34(b) and NPDES MS4 Permit
requirements, and to submit its draft Stormwater Management Plan tothe North Carolina Department
of Environmental Quality nolaterthan 120DaysFromNOVDate for review and approval; and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to adopt Council
Resolution to implement a compliant and enforceable stormwater management program as defined by
both the NPDES MS4 Permit number NCS### and the required new Stormwater Management Plan, and
said resolution is to be submitted to the North Carolina Departmentof Environmental Quality no later
than 60DaysFromNOVDate; and
WHEREAS,the MS4NAME acknowledges the requirement to provide adequate funding and staffing to
implement a Stormwater Management Program that complies with its NPDES MS4 Permit and approved
Stormwater Management Plan; and
WHEREAS,the MS4NAME acknowledges that North Carolina Departmentof Environmental Quality
enforcement action and penalties could resultfrom non-compliance with the specific requirements in
Notice of Violation numberNOV-###-###; and

Example Council Resolution of Commitment to Implement Compliant NPDES MS4 Program
WHEREAS, the MS4NAME acknowledges that any North Carolina Department of Environmental Quality
enforcement action and penalties may not prohibit the U.S. Environmental Protection Age ncyfrom
taking its own enforce mentactionfornon-com pliance with the issued NPDES MS4 Permit.
NOW, THEREFORE, BE IT RESOLVED that the Council of the MS4NAME hereby affirms its support for
deve lop mentand imp le mentationofa compliant NPDES MS4StormwaterProgram.
NAME, Mayor
NAME, Stormwater Program Administrator
NAME, Town Manager
NAME,Town Clerk
ADOPTED BY the City Council of the MS4NAME, North Carolina the ____ day of, 2019 and
signed in authentication thereof the___dayof____ ,2019.