NCS000475_Clyde Waiver Request Denial Letter_20220105

January 5, 2022

EMAIL DELIVERY
READ RECEIPT REQUESTED

Town of Clyde
Attn: Joy Garland, Town Administrator
P.O. Box 386
Clyde, NC 28721-0386

Subject: NPDES MS4 Waiver Request
Town of Clyde
Permit No. NCS000475
Haywood County

Dear Ms. Garland:

The North Carolina Department of Environmental Quality has reviewed the town’s September 13, 2021
request for a waiver and rescission of National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) permit number NCS000475 in accordance with the
waiver criteria provided in 40 CFR 122.32.

Please note that the US EPA officially designated the Town of Clyde (town) as an MS4-regulated entity
because the town’s municipal boundary intersects a US Census-defined Urbanized Area. DEQ has
evaluated the requested waiver and permit rescission request based upon the federal criteria located in 40
CFR 122.32(e) and has determined that all required criteria have not been sufficiently met to allow for a
waiver to be granted. The specific criteria to waive MS4 permit coverage and DEQs findings are:
Criteria 122.32(e)(1): The permitting authority has evaluated all waters of the U.S., including small
streams, tributaries, lakes, and ponds, that receive a discharge from your MS4.
Finding: DEQ has not evaluated all waters of the U.S. that receive a discharge from the town’s MS4
for the pollutants of concern as provided in 122.32(e)(3). Only limited benthic monitoring data is
available.
Criteria 122.32(e)(2): For all such waters, the permitting authority has determined that storm water
controls are not needed based on wasteload allocations that are part of an EPA approved or
established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or
approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of
concern.
Finding: The town is not currently subject to any wasteload allocation(s) that are part of an EPA
approved or established TMDL that addresses the pollutant(s) of concern. A TMDL has not been
developed or approved. An equivalent analysis that determines sources and allocations for the
pollutant(s) of concern has not been performed.

Criteria 122.32(e)(3): The pollutant(s) of concern include biochemical oxygen demand (BOD),
sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or
siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of
impairment of any water body that will receive a discharge from your MS4.
Finding: An analysis that determines the sources and allocations for the pollutant(s) of concern has
not been performed.
Criteria 122.32(e)(4): The permitting authority has determined that future discharges from your MS4
do not have the potential to result in exceedances of water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and biological impacts.
Finding: DEQ has not determined that future discharges from the town’s MS4 do not have the
potential to result in exceedances of water quality standards, including impairment of designated uses,
or other significant water quality impacts, including habitat and biological impacts.

The town’s current MS4 permit applies only to the town’s corporate limits, which does not include the
extra territorial jurisdiction (ETJ). In accordance with G.S. 160D-925(e), DEQ cannot require MS4
permit coverage to include the ETJ unless the regulated local government specifically requests that the
ETJ be included.

Unincorporated portions of Haywood County adjacent to the town limits are subject to Phase II post-
construction requirements in accordance with 15A NCAC 02H .1016(a). The subject area is inclusive of
one mile beyond the corporate limits of the town and areas designated as an urbanized area under the
most recent federal decennial census. These areas are permitted by the state.

In summary, the waiver request has been denied and the existing 2017 MS4 permit will remain in effect
until NOV-2021-PC-0266 has been resolved, inclusive of permit renewal issuance. The existing MS4
permit and the upcoming permit renewal shall include permit coverage throughout the corporate limits,
but not in the ETJ.

The Stormwater Program web page at https://deq.nc.gov/sw contains substantial program guidance and
should be your first resource for MS4 assistance. If you have questions or technical assistance needs that
cannot be answered by the web page, please contact me via email at [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

CC:
[e-mail], Acting Stormwater Program Supervisor
[e-mail], Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File