HomeMy WebLinkAboutNCS000331_Appendix A (NCS000331)_20210517STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT QUALITY
DIVISION of ENERGY, MINERAL, and LAND RESOURCES
PERMIT NO. NCS000331
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with applicable law, including the regulations promulgated and adopted by the North
Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Fort Bragg and Camp MacKall
is hereby authorized to discharge stormwater and continue operation of oil water separators not associated
with wastewater discharges from facilities located near:
Fayetteville, North Carolina and falling within the boundaries of
Cumberland, Hoke, Moore, Richmond, Scotland, and Harnett Counties
to receiving waters designated as James Creek, Silver Run, Polecat Creek, Thuckahoe Creek, Horse
Creek, Flat Creek, Mill Creek, Dear Creek, Buffalo Creek, Hectop Creek, Jumpng Run Creek, Little
Creek, Cypress Creek, McPherson Creek, Tank Creek and its tributaries, Beaver Creek, Big Branch,
Little Cross Creek, Drowning Creek, Bones Creek, Little Rockfish Creek, Patterson Branch, Black Creek,
Ray Mill Puddy Creek, McDuffe Creek, Nicholson Creek, Juniper Creek, Cabin Branch, Field Branch,
Gum Branch, Piney Bottom Creek, Calf Creek, Wolf Pit Creek, and Stewarts Creek, and tributaries to
Mott Lake, McKiethan Pond, Lake McArthur, McKellers Pond, Big Muddy Lake, Little River and its
tributaries, Creek Pond, Smith Lake, McFayden Pond, Texas Pond, Beaver Creek, Bonnie Doone Lake,
Stewarts Creek, and Big Branch in the Cape Fear River Basin [and to receiving waters designated as
Drowning Creek and its tributaries at Camp MacKall in the Lumber River Basin] in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI,
VII and VIII hereof.
This permit shall become effective April 1, 2016.
This permit and the authorization to discharge are subject to applicable law and shall expire at midnight
on March 31, 2021.
Amended July 6, 2016. Signed this day July 6, 2016.
for Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
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PERMIT NO. NCS000331
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
SECTION H: INDUSTRIAL ACTIVITIES
SECTION I: OIL WATER SEPARATORS
SECTION J: MONITORING REQUIREMENTS
SECTION K: IMPAIRED WATERS and TOTAL MAXIMUM DAILY LOADS (TMDLs)
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
i
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PERMIT NO. NCS000331
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, Fort
Bragg and Camp MacKall, herein referred to as Fort Bragg, is authorized to discharge stonmwater
from the storm drainage system and continue operation of oil water separators not associated with
wastewater discharges to receiving waters designated as James Creek, Silver Run, Polecat Creek,
Thuckahoe Creek, Horse Creek, Flat Creek, Mill Creek, Dear Creek, Buffalo Creek, Hectop
Creek, Jumpng Run Creek, Little Creek, Cypress Creek, McPherson Creek, Tank Creek and its
tributaries, Beaver Creek, Big Branch, Little Cross Creek, Drowning Creek, Bones Creek, Little
Rockfish Creek, Patterson Branch, Black Creek, Ray Mill Puddy Creek, McDuffe Creek,
Nicholson Creek, Juniper Creek, Cabin Branch, Field Branch, Gum Branch, Piney Bottom Creek,
Calf Creek, Wolf Pit Creek, and Stewarts Creek, and tributaries to Mott Lake, McKiethan Pond,
Lake McArthur, McKellers Pond, Big Muddy Lake, Little River and its tributaries, Creek Pond,
Smith Lake, McFayden Pond, Texas Pond, Beaver Creek, Bonnie Doone Lake, Stewarts Creek,
and Big Branch in the Cape Fear River Basin [and to receiving waters designated as Drowning
Creek and its tributaries at Camp MacKall in the Lumber River Basin]. Such discharge will be
controlled, limited and monitored in accordance with Fort Bragg's Comprehensive Stormwater
Management Program Plan, herein referred to as the Stormwater Plan. The Stormwater Plan
must detail Fort Bragg's stormwater management program for the five-year term of the
stormwater permit including, for each of the measure identified in the permit, a narrative
description of the program, a table that identifies each best management practice (BMP) used, the
frequency of the BMP, the measurable goals for each BMP, the implementation schedule, funding
and the responsible person or position for implementation, title and responsibilities for
implementing this permit. If major modifications are proposed to the Stormwater Plan, the
Division will be notified of the reasons and justifications for these changes. The Division may
comment on these changes as deemed necessary to assure appropriate implementation of the
Stormwater Plan. No provisions of this permit shall be interpreted as or constitute a commitment
that Fort Bragg will obligate or pay funds in contravention of the Anti -Deficiency Act, 31 U.S.C.
Section 1341.
2. All discharges authorized herein shall be lawfully managed in accordance with the terms and
conditions of this permit. Any other point source discharge to surface waters of the state is
prohibited unless it is an allowable non-stormwater discharge or is covered by another permit,
authorization, or approval.
3. This permit does not relieve Fort Bragg from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
4. This permit covers current and future activities associated with the discharge of stormwater from
the Fort Bragg.
Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2006-
246 and in accordance with the approved Stormwater Plan, all provisions contained and
referenced in the Stormwater Plan are enforceable parts of this permit. Fort Bragg will develop
and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the
Clean Water Act, provisions outlined by the Director, and the provisions of this permit.
6. The permit requires the development and proper implementation of the Stormwater Plan. The
purpose of the Stormwater Plan is to reduce the discharge of pollutants from Fort Bragg to the
Part I Page 1 of 2
PERMIT NO. NCS000331
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. Successive iterations of the Stormwater Plan and
other components of this permit will be driven by the objective of assuring that discharges do not
cause or contribute to the violation of water quality standards, through the expansion and tailoring
of management measures within the scope of the Stormwater Plan.
7. The permit authorizes the point source discharge of stormwater runoff from Fort Bragg. In
addition, discharges of non-stormwater are also authorized through the MS4 if such discharges
are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation water;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting:
■ releases of clean waters from hydrostatic testing
The Division may require that non-stormwater flows of this type be controlled by
Fort Bragg's Stormwater Plan.
Part I Page 2 of 2
PERMIT NO. NCS000331
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
Fort Bragg will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants
discharged from Fort Bragg. This includes, but is not limited to, the following areas:
Fort Bragg will develop and maintain a Stormwater Plan with the authority to implement all
provisions of the Stormwater Plan. Fort Bragg, will keep the Division advised of the status of
development of appropriate authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan. If major modifications are proposed to the Stormwater
Plan, the Division will be notified the reasons and justifications for those changes. The Division
may comment on modifications as deemed necessary to assure appropriate implementation of the
Stormwater Plan.
2. Fort Bragg's Stormwater Plan will be implemented and managed such that the discharge of
pollutants from Fort Bragg is reduced to the maximum extent practicable. It is anticipated that in
order to meet this provision, implementation of the Stormwater Plan will occur with emphasis
given to priority areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
Fort Bragg will maintain adequate funding and staffing to implement and manage the provisions
of the Stormwater Plan.
4. Fort Bragg will implement programs to address the contribution of pollutants to the storm
drainage system from industrial areas including planning, monitoring, education, and operation
and maintenance activities.
Fort Bragg will implement the components of the Stormwater Plan to prohibit, to the maximum
extent practicable, illicit connections, spills and illegal dumping.
6. Fort Bragg will implement provisions of the Stormwater Plan as appropriate to monitor and
assess the performance of the various management measures that are a part of the Stormwater
Plan and of this permit.
7. Fort Bragg will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stormwater discharge permit and the Stormwater Plan.
8. Fort Bragg will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this permit.
9. Fort Bragg will implement a monitoring program as described herein. Monitoring will be used to
assess the effectiveness of program components and modify program components as necessary.
Part II Page 1 of 16
PERMIT NO. NCS000331
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 that
the public can take to reduce pollutants in storm water runoff.
2. BMPs for Public Education and Outreach
Fort Bragg shall implement the following BMPs to meet the objectives of the Public Education
and Outreach Program.
BMP
Measurable Goals
(a) Identify Goals and
Defined goals and objectives of the Local Public Education and
Objectives
Outreach Program based on at least three high priority community
wide issues.
(b) Identify target pollutants
Fort Bragg shall identify and maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
(c) Identify target audiences
Fort Bragg shall identify, assess annually and update as necessary
target audiences likely to have significant storm water impacts and
why they were selected.
(d) Identify residential and
Fort Bragg shall identify and describe issues, such as specific
industrial/commercial
pollutants, the sources of those pollutants, impacts on biology, and the
issues
physical attributes of stormwater runoff, in their education/outreach
program. A minimum of three residential and three
industrial/commercial issues should be targeted as part of the
education/outreach program.
(e) Identify and describe
Where applicable, the education/outreach program shall identify and
watersheds in need of
describe watersheds in need of protection and the issues that may
protection and the issues
threaten the quality of these waters.
that may threaten the
quality of these waters
(f) Informational Web Site
Fort Bragg shall promote, maintain, assess and update as necessary
internet web site.
(g) Distribute public
Fort Bragg shall distribute, assess and update as necessary stormwater
education materials to
educational material to appropriate target groups in such a way that is
identified target
designed to convey the program's message to the target audience each
audiences and user
year. Instead of developing its own materials, Fort Bragg may rely on
groups. For example,
Public Education and Outreach materials supplied by the state, and/or
schools, homeowners,
other entities through a cooperative agreement, as available, when
and/or businesses.
implementing its own program.
Part II Page 2 of 16
PERMIT NO. NCS000331
BMP Measurable Goals
(h) Maintain Hotline/Help Fort Bragg shall promote and maintain a stormwater hotline/helpline.
line Fort Bragg may utilize an existing hotline/helpline so long as it also
promotes for stormwater concerns or may train staff to transfer calls to
the stormwater administrator.
(i) Implement a Public Fort Bragg's outreach program shall include a combination of
Education and Outreach approaches that are effective at reaching the identified target audiences
Program. based on data and information collected by Fort Bragg. For each
media, event or activity, including those elements implemented locally
or through a cooperative agreement measure and record the extent of
exposure.
Part II Page 3 of 16
PERMIT NO. NCS000331
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
Fort Bragg shall implement the following BMPs to meet the objectives of the Public Involvement and
Participation.
BMP
Measurable Goals
a. Allow the public an
Fort Bragg shall conduct at least one public meeting during the term of
opportunity to review and
the permit to allow the public an opportunity to review and comment on
comment on the
the Stormwater Plan.
Stormwater Plan
b. Volunteer community
Fort Bragg shall include and promote volunteer opportunities as part of
involvement program
its stormwater program designed to promote ongoing participation.
c. Mechanism for Public
Fort Bragg shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program. Fort Bragg may establish a stand-alone group or
utilize an existing group or processes.
d. Hotline/Help line
Fort Bragg shall promote and maintain hotline/helpline. Fort Bragg may
utilize an existing hotline/helpline so long as it also promotes stormwater
concerns or may train staff to transfer calls to the stormwater
administrator.
Part II Page 4 of 16
PERMIT NO. NCS000331
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
a. Develop, implement and enforce a program to detect and eliminate illicit discharges into
your small MS4.
b. Develop and maintain a storm sewer system map, showing the location of all outfalls and
the names and location of all waters of the United States that receive discharges from
those outfalls;
C. Effectively prohibit, through ordinance, or other regulatory mechanism, non -storm water
discharges into your storm sewer system and implement appropriate enforcement
procedures and actions;
d. Develop and implement a plan to detect and address non -storm water discharges,
including illegal dumping, to your system; and
e. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
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 your
small 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, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (discharges or flows
from fire fighting activities are excluded from the 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
Fort Bragg shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program.
Measurable Goals 11
a. Maintain a Storm Sewer
Fort Bragg shall maintain, assess, and update as necessary a map
System Base Map of
identifying major outfalls. At a minimum, components include major
Major Outfalls.
outfalls and receiving streams, and type of conveyance system (Le.,
either closed pipe or open drainage). For closed pipe systems identify
the pipe material, shape, and size.
b. Detect dry weather flows
Fort Bragg shall implement a program for conducting regular dry
weather flow field observations in accordance with written field
screening procedure for detecting and tracing the sources of illicit
discharges and for removing the sources or reporting the sources to the
State to be properly permitted.
c. Investigations into the
Fort Bragg shall maintain, asses annually and update as necessary
source of all identified
written procedures for conducting investigations into the source of all
illicit discharges.
identified illicit discharges, including approaches to requiring such
discharges to be eliminated.
Part II Page 5 of 16
PERMIT NO. NCS000331
BMP
Measurable Goals
7d- Track investigations and
Fort Bragg shall track all investigations and document the date(s) the
document illicit
illicit discharge was observed; the results of the investigation; any
discharges
follow-up of the investigation; and the date the investigation was
closed.
e. Training
Fort Bragg shall implement and document a training program for
appropriate personnel, who, as part of their normal job responsibilities,
may come into contact with or otherwise observe an illicit discharge or
illicit connection to the storm sewer system. The training program
shall identify appropriate personnel, the schedule for conducting the
training and the proper procedures for reporting and responding to an
illicit discharge or connection. Follow-up training must be provided as
needed to address changes in personnel, procedures, or techniques.
f. Provide Public Education
Fort Bragg shall inform public employees, businesses, and the general
public of hazards associated with illegal discharges and improper
disposal of waste.
g. Reporting mechanism
Fort Bragg shall promote, publicize, and facilitate a reporting
mechanism for the public and staff to report illicit discharges and
establish and implement citizen request response procedures. Fort
Bragg must conduct reactive inspections in response to complaints and
follow-up inspections as needed to ensure that corrective measures have
been implemented by the responsible party to achieve and maintain
compliance.
h. Procedures to identify
Fort Bragg shall establish and implement, assess annually, and update
and report sanitary sewer
as necessary written procedures to identify and report sanitary sewer
overflows.
overflows and sewer leaks to the system operator.
Part II Page 6 of 16
PERMIT NO. NCS000331
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Compliance with the NCDENR Division of Land Resources Erosion and Sediment Control
Program effectively meets the requirements of the Construction Site Runoff Controls. This
program is authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title
15A of the North Carolina Administrative Code. This program includes procedures for public
input, sanctions to ensure compliance, requirements for construction site operators to implement
appropriate erosion and sediment control practices, review of site plans which incorporates
consideration of potential water quality impacts, and procedures for site inspection and
enforcement of control measures. The NCG010000 permit establishes requirements for
construction site operators to control waste such as discarded building materials, concrete truck
washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse
impacts to water quality.
2. Fort Bragg must provide and promote a means for the public to notify the appropriate authorities
of observed erosion and sedimentation problems. Fort Bragg may implement a plan promoting
the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the
requirements of this paragraph.
Part II Page 7 of 16
PERMIT NO. NCS000331
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
a. Develop, implement, and enforce a program to address storm water runoff from new
development and redevelopment projects, including public transportation maintained by
Fort Bragg.
b. Develop and implement strategies which include a combination of structural and/or non-
structural best management practices (BMPs) appropriate for the base; and
C. Ensure adequate long-term operation and maintenance of BMPs.
2. Post -Construction Site Runoff Controls
a. Construction projects that are performed by or under contract for Fort Bragg, including
roads and bridges, must meet the requirements the stormwater management and water
quality protection required by 15A NCAC 02H Section .1000. Roads and bridges must
minimize built -upon surfaces, divert stormwater away from surface waters as much as
possible and employ other best management practices to minimize water quality impacts
to the maximum extent practicable.
b. To comply with the Post Construction requirements in 15 NCAC 02H Section .1000, Fort
Bragg shall submit, for approval, plans, supplement forms, specifications, and
calculations to the Division for all projects, including public roads and bridges, 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. Fort Bragg may reference their approved base
wide SCM O&M Plan to meet a project's O&M requirements.
C. To protect water quality in North Carolina rivers, streams, and lakes, and the existing
uses of such surface waters for their scenery, swimming, boating, as well as for
commercial and recreational fishing Fort Bragg shall:
1. Maintain a current inventory of for Stormwater Control Measures approved by
the State after July 1, 2007.
2. Maintain all plans and documents for Stormwater Control Measures approved by
the State after July 1, 2007.
3. Maintain and implement an O&M program for all Stormwater Control Measures
approved by the State after July 1, 2007. The O&M program shall specify the
frequency of inspections and routine maintenance requirements. Fort Bragg shall
inspect and maintain all Stormwater Control Measures approved by the State
after July 1, 2007 in accordance with the schedule developed by Fort Bragg
4. Document inspections and maintenance of all Stormwater Control Measures
approved by the State after July 1, 2007.
5. Submit to the state for approval all modifications to Stormwater Control
Measures approved and permitted by the State after July 1, 2007.
d. Comprehensive Watershed Protection Plans. In lieu of paragraph (b) and (c), Fort Bragg
may develop and implement a comprehensive watershed protection plan, approved by the
State, to meet part or all of the requirements for a post -construction program.
Part II Page 8 of 16
PERMIT NO. NCS000331
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
1. Objective for Pollution Prevention and Good Housekeeping
a. Develop and implement an operation and maintenance program that includes a training
component and has the ultimate goal of preventing or reducing pollutant runoff.
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
Fort Bragg shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program.
BMP
Measurable Goals
a. Inventory of facilities and
Fort Bragg shall develop an inventory of facilities and operations with
operations with the
the potential for generating polluted stormwater runoff.
potential for generating
polluted stormwater
runoff
b. Map facilities and
Fort Bragg shall identify and either maintain a map or list facilities and
operations with the
operations with the potential for generating polluted stormwater runoff.
potential for generating
The map must identify the stormwater outfalls corresponding to each of
polluted stormwater
the facilities as well as the receiving waters to which these facilities
runoff
discharge. The map must be maintained and updated annually and be
available for review by the permitting authority.
c. Operation and
Fort Bragg shall maintain and implement an Operation and
Maintenance (O&M) for
Maintenance (O&M) program for facilities and operations with the
facilities and operations
potential for generating polluted stormwater runoff. The O&M
with the potential for
program shall specify the frequency of inspections and routine
generating polluted
maintenance requirements.
stormwater runoff
d. Spill Response
Fort Bragg shall have written spill response procedures for facilities and
Procedures for facilities
operations with the potential for generating polluted stormwater runoff.
and operations with the
potential for generating
polluted stormwater
runoff
e. Streets, roads, and
Fort Bragg shall implement BMPs selected to reduce polluted
parking lots maintenance
stormwater runoff from municipally -owned streets, roads, and parking
lots.
Part II Page 9 of 16
PERMIT NO. NCS000331
BMP
Measurable Goals
f. Operation and
Fort Bragg shall maintain and implement an O&M program for the
Maintenance (O&M) for
stormwater sewer system including catch basins and conveyance
catch basins and
systems. The O&M program shall include route maps and specify the
conveyance systems
frequency of inspections and routine maintenance requirements.
g. Identify and map for
Fort Bragg shall identify and map or maintain a list of all structural
structural stormwater
stormwater controls. The map or list must identify the stormwater
controls
outfalls corresponding to each structural stormwater control as well as
the receiving waters to which these facilities discharge. The map or list
must be maintained and updated regularly and be available for review
by the permitting authority.
h. O&M for structural
Fort Bragg maintain and implement an O&M program for structural
stormwater controls
stormwater controls. The O&M program shall specify the frequency of
inspections and routine maintenance requirements. Fort Bragg shall
inspect and maintain all structural stormwater controls in accordance
with the schedule developed by Fort Bragg. Fort Bragg shall document
inspections and maintenance of all structural stormwater controls.
i. Staff training
Fort Bragg shall maintain and implement a training program for
personnel involved in implementing pollution prevention and good
housekeeping practices.
j. Prevent or Minimize
Fort Bragg shall describe and implement measures that prevent or
Contamination of
minimize contamination of the stormwater runoff from all areas used
Stormwater Runoff from
for vehicle and equipment cleaning.
all areas used for Vehicle
and Equipment Cleaning
Part II Page 10 of 16
PERMIT NO. NCS000331
SECTION H: INDUSTRIAL ACTIVITIES
1. Objective
Develop, maintain and implement a Stormwater Pollution Prevention Plan (Plan) for each facility
with an industrial activity that is covered by this permit.
2. Industrial Activities as defined in 40 CFR 122.26 (b)(14)
a. Fort Bragg shall implementation of the requirements of General Permit NCG080000, to
control stormwater point source discharges associated with activities that have vehicle
maintenance areas (including vehicle rehabilitation, mechanical repair, painting, fueling,
lubrication, equipment cleaning operation areas and like activities deemed by DEMLR to
be similar in the process and/or the exposure of raw materials, products, by-products, or
waste materials). Implementation of the requirements of General Permit NCGO80000
constitutes compliance with the requirements develop, maintain and implement a
Stormwater Pollution Prevention Plan (Plan) and Monitoring Plan for each facility and/or
area with an industrial activity covered by this permit.
b. Fort Bragg shall implementation of the requirements of General Permit NCG150000, to
control stormwater point source discharges associated with industrial activity from Air
Transportation including air transportation, airports, and aircraft service and maintenance
including: aircraft cleaning; aircraft servicing/repairing, and aircraft maintenance shops
(including aircraft and equipment rehabilitation, mechanical repairs, painting, fueling,
lubrication); and material handling facilities. Implementation of the requirements of
General Permit NCG150000 constitutes compliance with the requirements develop,
maintain and implement a Stormwater Pollution Prevention Plan (Plan) and Monitoring
Plan for each facility and/or area with an industrial activity covered by this permit.
C. Fort Bragg shall seek coverage under the NPDES program for their wastewater treatment
plant. Coverage under the general permit, NCG11000, is applicable to all owners or
operators of stormwater point source discharges associated Treatment Works treating
domestic sewage or any other sewage sludge or wastewater treatment device or system,
used in the storage, treatment, recycling, and reclamation of municipal or domestic
sewage, with a design flow of 1.0 million gallons per day or more, or required to have an
approved pretreatment program under Title 40 Code of Federal Regulations (CFR) Part
403, including lands dedicated to the disposal of sewage sludge that is located within the
confines of the facility.
3. Base wide Stormwater Pollution Prevention Plan (Plan) and Monitoring Plan
In lieu of complying with the requirements of paragraph 2 of this section, Fort Bragg may
propose and submit to the Division for their approval a base wide Stormwater Pollution
Prevention Plan (Plan) and Monitoring Plan for the base that effectively meets the requirements
develop, maintain and implement a Stormwater Pollution Prevention Plan (Plan) and Monitoring
Plan for each facility and/or area with an industrial activity covered by this permit.
Part II Page 11 of 16
PERMIT NO. NCS000331
SECTION I: OIL WATER SEPARATORS
All oil water separators that discharge to either the stormwater system, directly into the waters of the
state, or have engineered diversionary catchment basins, including in the event of a bypass, will be fully
described in the SPPP. The description will include:
a) The location of the oil water separator
b) The activities that occur in the oil water separator's drainage area
c) The materials that are handled in the drainage area
d) The name of the water body to which it drains
e) The number of the outfall that the oil water separator discharges into
f) The drainage area draining into the oil water separator
g) The oil water separator's design capacity
Part II Page 12 of 16
PERMIT NO. NCS000331
SECTION J: MONITORING REQUIREMENTS
Fort Bragg shall implement a monitoring program as outlined in the Stormwater Program to
prioritize areas of the program and to assess the effectiveness of program components. These
monitoring results will be used by Fort Bragg to modify the program components as necessary to
accomplish the intent of the Stormwater Program. Results of the monitoring program will be
submitted to the Division according to the provisions of Part IV of this permit. Analytical
monitoring is required as part of the monitoring program in accordance with the provisions of the
Stormwater Program. The parameters to be monitored are those that have the potential to be
present at the outfalls based on industrial activities. Description of the location of each sample
point, the activities which they drain, and the water bodies to which they drain are described in
the Stormwater Pollution Prevention Plan (SPPP).
a. The following list of parameters shall be monitored during a storm event, for Vehicle
maintenance areas, designated in the SPPP as site 3-3 (outfall 53 to McPherson Creek),
site 6-3 (outfall to an unnamed tributary to Stewarts Creek), site 7-1 (outfall to Big
Branch), site 7-3 (outfall to Beaver Creek), and site 8-1 (combined outfalls 20, 21, and 76
to an unnamed tributary to Bonnie Doone Lake).
Parameter
Units
Measurement Frequency
Sample Type
Total Suspended Solids (TSS)
mg/1
Once
per
year
Grab
Oil and Grease
mg/1
Once
per
year
Grab
H
Standard Units
Once
per
year
Grab
Total Flow
MG
Once
per
year
Event Duration
Minutes
Once
per
year
Total Rainfall
inches
Once
per
year
b. The following list of parameters shall be monitored during a storm event, for material
handling areas, designated in the SPPP as site 4-2 (outfall to Tank Creek), site 8-2
(outfall 93 to an unnamed tributary to Beaver Creek), and site 8-3 (combined outfalls 18
and 19 to an unnamed tributary to Beaver Creek).
Parameter
Units
Measurement Frequency
Sample Type
Total Suspended Solids (TSS)
mg/1
Once
per
year
Grab
Oil and Grease
mg/1
Once
per
year
Grab
H
Standard Units
Once
per
year
Grab
Total Flow
MG
Once
per
year
Event Duration
Minutes
Once
per
year
Total Rainfall
inches
Once
per
year
Part II Page 13 of 16
PERMIT NO. NCS000331
C. The following list of parameters shall be monitored during a storm event, for fueling
areas, designated in the SPPP as site 3-14 (outfall 61).
Parameter
Units
Measurement Frequency
Sample Type
Oil and Grease
mg/1
Once per year
Grab
Total Flow
MG
Once per year
Event Duration
Minutes
Once per year
Total Rainfall
inches
Once per year
d. The following list of parameters shall be monitored during a storm event, for the airfield,
designated in the SPPP as site 8-4 (outfall 22 to Cross Creek).
Parameter
Units
Measurement Frequency
Sample Type
Total Suspended Solids (TSS)
mg/1
Once per year
Grab
Oil and Grease
mg/1
Once per year
Grab
H
Standard Units
Once per year
Grab
Total Flow
MG
Once per year
Event Duration
Minutes
Once per year
Total Rainfall
inches
Once per year
Ambient Monitoring. The following list of parameters shall be monitored at two points, a
point north of Texas Pond and Simmons Airport and the other at Flat Creek near
Inverness.
Parameter
Units
Measurement Frequency
Sample Type
Total Suspended Solids (TSS)
mg/1
Once per year
Grab
Oil and Grease
mg/1
Once per year
Grab
H
Standard Units
Once per year
Grab
f. Analytical Monitoring Schedule.
Monitoring Period
Start
End
Year 1
Aril 1, 2016
March 31, 2017
Year 2
Aril 1, 2017
March 31, 2018
Year 3
Aril 1, 2018
March 31, 2019
Year 4
Aril 1, 2019
March 31, 2020
Year 5
Aril 1, 2020
March 31, 2021
g. Cutoff Concentrations. For each parameter, the arithmetic mean of all analytical
sampling results collected during the term of the permit shall be calculated for each
individual outfall and compared to the cut-off concentrations listed below. At a
minimum, Fort Bragg must perform analytical sampling during the first year of the
permit. If the analytical results fall at or below the cutoff concentrations listed below,
Fort Bragg is not required to sample that parameter at that outfall for the remainder of the
permit. If analytical results exceed the cutoff concentration, subsequent sampling is
required annually. Each year, Fort Bragg has the option to assess if the arithmetic mean
of data collected for each parameter at each outfall is below the cutoff concentration. If
the arithmetic mean is less than the cutoff concentration then Fort Bragg is not required
to continue analytical monitoring for that parameter at that outfall during the remainder
Part II Page 14 of 16
PERMIT NO. NCS000331
of the term of the permit unless a significant change in the operations in the drainage area
occurs.
Parameter
Cut-off Concentration
Oil and Grease
30 mg/1
H (do not take average, use most recent pH sample result)
6-9 standard units
TSS
100 mg/1
h. Qualitative monitoring (color, odor, clarity, floating solids, suspended solids, foam, oil
sheen, erosion or deposition at the outfall, and other visual indicators of stormwater
pollution) requires a visual inspection of each stormwater outfall associated with
industrial activities and/or oil water separators regardless of representative outfall status.
No analytical tests are required. Qualitative monitoring of stormwater outfalls does not
need to be performed during a representative storm event. All qualitative monitoring will
be performed twice per year, once during the spring (April -June) and once in the fall
(September -November). If Fort Bragg's qualitative monitoring indicates either that
existing stormwater BMPs are ineffective, or that significant stormwater contamination is
present, Fort Bragg shall investigate potential causes, evaluate the feasibility of corrective
actions, and implement those corrective actions appropriate. A written record of Fort
Bragg's investigation, evaluation, and response actions shall be kept in the Stormwater
Pollution Prevention Plan.
2. Implementation of the requirements of General Permit NCGO80000 constitutes compliance with
the requirements develop, maintain and implement a Monitoring Plan for each facility and/or area
with an industrial activity covered by this permit.
3. Fort Bragg may propose and submit to the Division for their approval modifications to the base
wide Monitoring Plan that effectively meets the requirements develop, maintain and implement a
Monitoring Plan for each industrial activity covered by this permit.
Part II Page 15 of 16
PERMIT NO. NCS000331
SECTION K: IMPAIRED WATERS and TOTAL MAXIMUM DAILY LOADS (TMDLs)
For impaired waters Fort Brag 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) and describe the strategies and tailored and/or expanded BMPs in their annual
reports.
2. Fort Brag shall comply with the requirements of an approved TMDL.
Within 12 months of the final approval of a TMDL, Fort Brag'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, Fort Brag'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.
Within 36 months of the final approval of a TMDL, Fort Brag's annual reports shall include a
description of activities expected to occur and when the activities are expected to occur within
the remainder of the permit term.
Part II Page 16 of 16
PERMIT NO.NCS000331
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. If monitoring and sampling are being performed documentation of results shall be
included. Documentation will be kept on -file by Fort Bragg for a period of three years and made
available to the Director or his authorized representative immediately upon request.
2. Fort Bragg's Stonnwater Plan will be reviewed and updated as necessary, but at least on an
annual basis. Fort Bragg will submit a report of this evaluation to the Division on an annual basis.
Fort Bragg's reporting will include appropriate information to accurately describe the progress,
status, and results of Fort Bragg's Stormwater Plan and will include, but is not limited to, the
following components:
(a) Fort Bragg will give a detailed description of the status of implementation of the
Stormwater Plan. This will include information on development and implementation of
all components of the Stormwater Plan for the past year and schedules and plans for the
year following each report.
(b) Fort Bragg will adequately describe and justify any proposed changes to the Stormwater
Plan. This will include descriptions and supporting information for the proposed changes
and how these changes will impact the Stormwater Plan (results, effectiveness,
implementation schedule, etc.).
(c) Fort Bragg will document any necessary changes to programs or practices for assessment
of management measures implemented through the Stormwater Plan. In addition, any
changes in the cost of, or funding for, the Stormwater Plan will be documented.
(d) Fort Bragg will include a summary of data accumulated as part of the Stormwater Plan
throughout the year along with an assessment of what the data indicates in light of the
Stormwater Plan.
(e) Fort Bragg will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
The Director may notify Fort Bragg when the Stormwater Plan does not meet one or more of the
lawful requirements of the permit. Within 30 days of such notice, Fort Bragg will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the corrective action plan, approve a plan with modifications, or reject
the proposed plan. Fort Bragg will provide certification in writing (in accordance with Part IV,
Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be
construed to limit the Director's ability to conduct enforcement actions for violations of this
permit.
4. The Division may request additional reporting information as necessary to assess the progress and
results of Fort Bragg's Stormwater Plan.
Part III Page I of I
PERMIT NO.NCS000331
THIS PAGE INTENTIONALLY BLANK
PERMIT NO.NCS000331
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. Fort Bragg shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, 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 at any time.
Report Submittals
(a) A signed copy of all reports required herein, shall be submitted to the following address:
Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
and
Fayetteville Regional Office
Division of Energy, Mineral and Land Resources
Land Quality Section
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina 28301-5043
(b) All applications, reports, or information submitted to DEMLR shall be signed by duly
authorized representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or ranking
elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stormwater
matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
Part IV Page I of 2
PERMIT NO.NCS000331
"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 knowing submitting false information, including the possibility of fines and
imprisonment for knowing violations."
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
Fort Bragg shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
Fort Bragg shall report to the central office or the appropriate regional office any noncompliance
that may constitute an imminent threat to health or the environment. Any information shall be
provided orally within 24 hours from the time Fort Bragg became aware of the circumstances. A
written submission shall also be provided within 5 days of the time Fort Bragg becomes aware of
the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
5. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of Fort Bragg's Stormwater Plan, or for the entire Program.
6. Other Information
Where Fort Bragg becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2
PERMIT NO.NCS000331
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
Fort Bragg must comply with all lawful 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) Fort Bragg shall comply with standards or prohibitions established under Section 307(a)
of the Clean Water Act for toxic pollutants within the time provided in the regulations
that establish these standards or prohibitions, even if the permit has not yet been modified
to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statute 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act
and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as
amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per day for each day during which the violation continues, with the maximum
amount of any Class II penalty not to exceed $137,500).
Part V Page 1 of 6
PERMIT NO.NCS000331
2. Duty to Mitigate
Fort Bragg shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve Fort Bragg 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, Fort Bragg is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
Fort Bragg from any responsibilities, liabilities, or penalties to which Fort Bragg is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
Fort Bragg 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. Fort Bragg 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 6
PERMIT NO.NCS000331
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 permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition.
II. Permit Expiration
Fort Bragg is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, Fort Bragg shall submit forms and fees as
are required by the Division no later than 180 days prior to the expiration date.
12. Transfers
This permit is not transferable to any person except after notice to and approval by the Director.
The Director may require modification or revocation and reissuance of the permit to change the
name and incorporate such other requirement as may be necessary under the Clean Water Act.
Fort Bragg is required to notify the Division in writing in the event the permitted facility is sold
or closed.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
Fort Bragg 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 Fort Bragg to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by Fort Bragg only when the operation is necessary to achieve compliance with the
conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for Fort Bragg 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 3 of 6
PERMIT NO.NCS000331
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against Fort Bragg for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent
a bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
C. Fort Bragg submitted notices as required under Section E of this Part.
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall not
be changed without notification to and approval of the Director.
If a facility has multiple discharge locations with substantially identical stormwater discharges
that are required to be sampled, Fort Bragg may petition the Director for representative outfall
status. If it is established that the stormwater discharges are substantially identical and Fort
Bragg is granted representative outfall status, then sampling requirements may be performed at a
reduced number of outfalls.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges.
Part V Page 4 of 6
PERMIT NO.NCS000331
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
Fort Bragg 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 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 Fort Bragg's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division. As required by the Act, analytical
data shall not be considered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or
in Section 309 of the Federal Act.
6. Bypass
a. Anticipated bypass. If Fort Bragg knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including
an evaluation of the anticipated quality and effect of the bypass.
b. Unanticipated bypass. Fort Bragg shall submit notice within 24 hours of becoming aware
of an unanticipated bypass.
Part V Page 5 of 6
PERMIT NO.NCS000331
7. Other Noncompliance
Fort Bragg shall report all instances of noncompliance not reported under 24 hour reporting at the
time monitoring reports are submitted.
8. Anticipated Noncompliance
Fort Bragg shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which may result in noncompliance with the Permit requirements.
9. Planned Changes
Fort Bragg shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants which are not specifically listed in the Permit or
subject to notification requirements under 40 CFR Part 122.42 (a).
10. Non-Stormwater Discharges
If the storm event monitored in accordance with this Permit coincides with a non-Stormwater
discharge, Fort Bragg shall separately monitor all parameters as required under the non-
stormwater discharge permit and provide this information with the stormwater discharge
monitoring report.
11. Discharge Monitoring Reports
Fort Bragg shall retain all monitoring information 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 at any time.
When no discharge has occurred from the facility during the report period, Camp LeJeune shall
indicate 'NO FLOW" as per NCAC T15A 02B .0506.
Fort Bragg shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site.
Visual monitoring results should not be submitted to the Division, except upon DEMLR's
specific requirement to do so.
Part V Page 6 of 6
PERMIT NO.NCS000331
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
This permit shall be modified or alternatively, revoked and reissued, to comply with any effluent
guideline or water quality standard issued or approved under Sections 302(b)(2)(c), and (d), 304(b)(2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved;
a. Contains different conditions or is otherwise more stringent than any effluent limitation
in the permit.
b. Controls any pollutant not limited in the permit.
This permit as modified or reissued under this paragraph shall also contain other requirements in the Act
then applicable.
Part VI Page I of I
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PERMIT NO. NCS000331
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
Fort Bragg must pay the reasonable 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 21-1.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page I of I
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PERMIT NO. NCS000331
PART VIII DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the
number of individual values.
Best Management Practice BMP)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
4. Built -upon Area
Built upon area has the same meaning as in Session Law 2006-246 and means that portion of a
project that is covered by impervious or partially impervious surface including, but not limited to,
buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities
such as tennis courts. 'Built upon area" does not include a wooden slatted deck, the water area of
a swimming pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined
storage capacity of greater than 1,320 gallons.
6. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
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8. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts,
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.
9. Department (DEQ)
Department means the North Carolina Department of Environment Quality
10. Division (DEMLR)
The Division of Energy, Mineral and Land Resources (DEMLR),
11. Director
The Director of the Division of Energy, Mineral and Land Resources (DEMLR), the permit
issuing authority.
12. EMC
The North Carolina Environmental Management Commission.
13. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
14. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
15. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
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16. Industrial Activity
Industrial activities shall mean all industrial activities as defined in 40 CFR 122.26.
17. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-
term storage facility or a surface storage facility.
18. Municipal Separate Storm Sewer System (MS4)
A conveyance or system of conveyances (including roads and street with drainage systems, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
a. Owned or operated by the United States, a State, city, town, county, district, association, or
other public body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, 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
19. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that Fort Bragg must address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater,
discharges from potable water sources, foundation drains, air conditioning condensation, irrigation
water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential
car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water (discharges or flows from fire fighting activities are excluded from the definition of
illicit discharge and only need to be addressed where they are identified as significant sources of
pollutants to waters of the United States).
20. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
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PERMIT NO. NCS000331
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
21. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See also
point source discharge of stormwater.
22. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining
operations.
23. Permittee
The owner or operator issued this permit.
24. 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.
25. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
a. Results in no net increase in built -upon area, and
b. Provides equal or greater stormwater control than the previous development.
26. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the
previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event
may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before
producing any collectable discharge, a sample may be collected if the next rain producing a discharge
begins within 10 hours.
27. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the DEMLR may grant representative outfall
status. Representative outfall status allows Fort Bragg to perform analytical monitoring at a
reduced number of outfalls.
28. Residential Development Activities
Residential development activities has the same meaning as in 15A NCAC 02B .0202(54).
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29. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not
include washwaters utilizing any type of detergent or cleaning agent.
30. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
31. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and
Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
c. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
32. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which causes
them to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
33. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing
or production; hazardous substances designated under Section 101(14) of CERCLA; any
chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers;
pesticides; and waste products such as ashes, slag and sludge that have the potential to be released
with stormwater discharges.
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PERMIT NO. NCS000331
34. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under Section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or
Section 102 of CERCLA (Ref: 40 CFR 302.4). Reportable quantity means that quantity, the
release of which requires notification pursuant to Section 311 of the Clean Water Act (Ref: 40
CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (Ref: 40 CFR 302.4).
35. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters of
the State of North Carolina.
36. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
37. Stormwater 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.
38. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
39. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average
once in ten years. Design storm information can be found in the State of North Carolina Erosion
and Sediment Control Planning and Design Manual.
40. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow
shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to
the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall event.
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PERMIT NO. NCS000331
41. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
42. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
43. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of
Fort Bragg. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment or control facilities, inadequate treatment or control facilities, lack
of preventive maintenance, or careless or improper operation.
44. Vegetative Buffer
Vegetative buffer has the same meaning as in 15A NCAC 02H .1002(22) and means an area of
natural or established vegetation directly adjacent to surface waters through which stormwater
runoff flows in a diffuse manner to protect surface waters from degradation due to development
activities.
45. Vegetative Convey
Vegetative conveyance means a permanent, designed waterway lined with vegetation that is used
to convey stormwater runoff at a non -erosive velocity within or away from a developed area. As
used herein, "conveyance system" shall not include a stormwater collection system.
46. Vehicle Maintenance Activity
Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, cleaning
operations, or airport deicing operations.
47. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
48. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.
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