Weaverville_Permit_NCS000448

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT NO. NCS000448
TO DISCHARGE STORMWATER UNDE E
NATIONAL POLLUTANT DISCHARGE E I S TEM
In compliance with the regulations promulgated and adopted by the oath Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act�as amended,
Town of Wea i
is hereby authorized to discharge stormwater from the'r municipal separate storm sewer system located:
within the Town of Weavetville corporate limits
Buncombe County
to receiving waters, Reems Creek, Gill Branch, tamed tributary to the headwaters to Reems Creek,
an unnamed tributary to the headwaters to Lakelouise, and an unnamed tributary from Kyfields to Lake
Louise within the French Broad 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 [date].
This permit and the authorization to discharge shall expire at midnight on [date].
Signed this day [date].
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

IY:IK

PERMIT NO. NCS000448
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMIT DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND
SECTION C: PUBLIC INVOLVEMENT AND PARTIGI A'
SECTION D: ILLICIT DISCHARGE DETECTI AND EL INATION
SECTION E: CONSTRUCTION SI E RUNOFF CONTROLS
SECTION F: POST -CONSTRUCT ITF R OFF CONTROLS
SECTION G: POLLUTION P NTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION H: IMPAIRED WATERS.
SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTION J: 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
i

IY:IK

PERMIT NO. NCS000448
PART I PERMIT COVERAGE
A. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Weaverville is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters, Reems Creek, Gill Branch, an unnamed tributary to the
headwaters to Reems Creek, an unnamed tributary to the headwaters to Lake Louise, and an
unnamed tributary from Kyfields to Lake Louise within the French Broad River Basin. Such
discharge will be controlled, limited and monitored in accordance, w4)i the permittee's
Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The
Stormwater Plan shall detail the permittee's stormwater management program for the five-year
term of the stormwater permit including, for each measure identifieAjn 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. '
B. All discharges authorized herein shall be manna ed in accordance with the terms and conditions of
g g
this permit. Any other point source disc eIto surface waters of the state is prohibited unless it
is an allowable non-stormwater rg or covered by another permit, authorization, or
approval.
C. This permit does not relieve th ermittee fir responsibility for compliance with any other
applicable federal, state, or l0 1 law, rule, standard, ordinance, order, judgment, or decree.
D. This permit covers activities Tffo-c-1-517d with the discharge of stormwater from the MS4 owned
and operated by the permittee 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 the
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 § 122.34(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. NCS000448
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-stormwater flows tba t significantly impact water
quality and may include: � j
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infi]fr do ,
• uncontaminated pumped groundwater;
• discharges from unc�it minted potable ater sources;
• foundation drains; \
• air conditioning condensate (c mMercial/residential);
• irrigation waters;
• springs;
• water from craw ace p ps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from firefighting activities
The Division may require that non-stormwater flows of this type be controlled by
the permittee's Stormwater Plan.
I. 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. NCS000448
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, an annual review)�y the Division to determine
implementation status and progression toward meeting the pollutant control intent of the Stormwater Plan
or a sustainability assessment that has been reviewed and approved by the Divi io The sustainability
assessment may be conducted by the local government, another local governw4iVwith and NPDES MS4
permit, or an independent third party. This includes, but is not limited to, the following areas:
1. The permittee shall maintain adequate legal mechanisms,;ch regulations, ordinances, policies
and procedures to implement all provisions of the Stormwat Ian. The Division will be notified
of major modifications of these authorities, the reasons and justifications for these changes. The
Division may comment on these modifications as deemed necessary to assure appropriate
implementation of the Stormwaterlan. �'
2. The permittee must evaluate program complia e, the appropriateness of best management
practices, and progress towards achieving measurable goals at least annually.
3. 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.
4. The permittee will implement provisions of the Stormwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the permittee 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 permittee shall expand or better tailor its BMPs
within the scope of the six minimum control measures.
5. The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
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. Major modifications to the Stormwater Plan shall be submitted to the
Director for approval. The permittee is required to make available its Stormwater Plan to the
Division upon request. At a minimum, the permittee 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 Permittee to assure that the Stormwater Plan is implemented
appropriately to address the requirements of the permit. The Division may require modifications
to any part of the Permittee'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 consistent with the permit and will establish a deadline to finalize such
changes to the program.
Part II Page 1 of 20

PERMIT NO. NCS000448
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 meas behalf of the MS4.
Unless implemented by the State or where delegated by th� t he permittee remains
responsible for compliance if the other entity fails to perfo he permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
7. The Permittee shall maintain, and make available to the Div n upon request, written
procedures for implementing the six minimutyr control measures. Written procedures shall
identify specific action steps, schedules, re qutces and responsibilities for implementing the six
minimum measures. Written pr e can be free standing, or where appropriate, integrated
into the Storm Water Management
Part II Page 2 of 20

PERMIT NO. NCS000448
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.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to rheet t e 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 Pro am 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 internet web site
designed to convey the program's message.
£ 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 permittee'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 II Page 3 of 20

PERMIT NO. NCS000448
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 t th bjectives of the Public
Involvement and Participation Program and shall notifyi ivisionprior to modification of any
goals.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to pte 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
sto water program.
c. Hotline/Help line
afhe permittee shall promote and maintain a hotline/helpline for
the purpose of public involvement and participation.
Part II Page 4 of 20

PERMIT NO. NCS000448
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
1. 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 mechanis non -storm water discharges
except as allowed in this permit and implement appropriate enfor ent procedures and
actions;
d. Implement a plan to detect and address non-sto a r discharges, including illegal
dumping, to the MS4;
e. Inform public employees, businesses, andffie 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 the as significant contributors of pollutants to the MS4:
water line flushing, land te
e irrigation, diverted stream flows, rising ground waters,
uncontaminated ground r 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 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 II Page 5 of 20

PERMIT NO. NCS000448
NOW 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 permittee shall track and document 1) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up oft e investigation; and 4) the
date the investigation was clo
g. Provide Employee Training
The permittee shall implem 'and document a training
program for appropriate nicipa"taff; who as part of their
normal job responsibilities, fray come into contact with or
otherwise observe an illicit discharge or illicit connection.
h. Provide Public Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
d improper disposaYof 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
discharge&'and establish and implement citizen request
response procedures.
j. Enforcement of the IDDE NIMPne
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 II Page 6 of 20

PERMIT NO. NCS000448
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Pursuant to 40 CFR 122.35(b), the permittee may rely on the Buncombe County Sediment and
Erosion Control Program to comply with this minimum measure. The Buncombe 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
Buncombe County Sediment and Erosion Control Program continues tLbAonitored by the State
to ensure the County effectively meets the MEP standard establishe e 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` forepublic 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 ergy, Mineral, and Land Resources "Stop Mud" hotline to
meet the requirements of this aragraph.
Part II Page 7 of 20

PERMIT NO. NCS000448
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. 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 en ite that controls are in place that
would prevent or minimize water quality impacts
b. Implement strategies which include a combinatitf Wtural and%or non-structural best
management practices (BMPs) appropriate for the co un'it�/
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 mai try enance)-113MPs.
2. BMPs for Post -Construction Site Runoff
The permittee shall implement the following BM} o meet the objectives of the Post -
Construction Stormwater Management Program: Jo 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-constructionyI'dinances shall apply with regard to permit compliance.
BMP Measurable Goals
a. Adequate legal authorities aintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program, and to ensure that new development
and redevelopment does not cause or contribute to the
continued impairment of downstream waters.
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 II Page 8 of 20

PERMIT NO. NCS000448
BMP
Measurable Goals
b. Strategies which include BMPs
Compliance with 15A NCAC 02H Section .1000 effectively
appropriate for the MS4
meets the Post -construction Stormwater 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 site 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�`standrds and how the
project will ensure long-term maintenance.
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stormwater control measures
control measures
installed a4implemented at new development and
edeveloped sites, including both public and private sector
sites located within the permittee's corporate limits that are
covered by it�post-construction 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-term operation and
maintenance plan for the long-term operation of the
maintenance of structural BMPs.
structural BMPs required by the program. The operation and
maintenance plan shall require the owner of each structural
BMP to perform and maintain a record of annual inspections
of each structural BMP. Annual inspection of permitted
structural BMPs shall be performed by a qualified
professional.
g. Inspections
To ensure that all stormwater control measures meet the
permittee's performance standards and are being maintained
pursuant to the maintenance agreement, the permittee shall
develop and implement a written inspection program for
structural stormwater controls installed pursuant to the
permittee's post -construction program.
The permittee shall document and maintain records of
inspections, findings and enforcement actions and make them
available for review by the permitting authority.
h. 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
Part II Page 9 of 20

PERMIT NO. NCS000448
BMW
Measurable Goals
rials adopted from other programs and adapted to the
7rmeittee's
new development and redevelopment program.
i. Enforcement
The permittee shall track the issuance of notices of violation
and enforcement actions as admin' tered by the permittee.
This mechanism shall include thdibility 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 mi irAn as program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed the Department's Stormwater Best Management Practices
Manual on scientific and,7agineering standards, or develop its own comprehensive
watershed plan that is de rmined by the Department to meet the post -construction
stormwater management measure required by 40 Code of Federal Regulations §
122.34(b)(5) (1 July 2011"'Vdition).
b. To protect water quality in North Carolina rivers, streams, lakes, estuaries and ocean, and
the existing uses of such surface waters for their scenery, swimming, boating, as well as
for commercial and recreational fishing and shellfishing and to stimulate development,
pursuant to NCAC 2H .1003(6), the permittee may:
i. Approve variations in Stormwater Control measures that allow compensatory
treatment of existing development to offset the effects of stormwater runoff from
new development so as to nullify the effects of new development within the same
watershed. Where it is impracticable or infeasible to treat all or some of the
stormwater runoff on site the permittee may allow: (1) on -site compensatory
stormwater treatment; and (2) off -site mitigation and stormwater management
facilities within the same watershed to meet the requirements to manage
stormwater. When off -site treatment of existing development for compensatory
mitigation is used, the amount of stormwater treated must be twice the volume
that would have been controlled on -site for new development. Off -site locations
must be within the same watershed and within two miles of the project site. Off -
site SCMs require the same type of operation and maintenance agreements as on -
site BMPs, and the types of BMPs used must be designed to reduce the required
volume of runoff rather than treat and discharge it.
ii. Adopt a comprehensive watershed management plan with an emphasis on
controlling stormwater run-off rather than placing a cap or limit on impervious
surfaces, i.e., high and low density development limits. Under A comprehensive
watershed management plan all development disturbing one acre or more,
including projects that disturb less than one acre that are part of a larger common
plan of development, must meet the requirements in 15A NCAC 02H Section
.1000. All effective stormwater control strategies must include some form of
mandatory setback for impervious surfaces from the closest receiving waters.
Part 11 Page 10 of 20

PERMIT NO. NCS000448
0
e.
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 II 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 se oar d , a 's post
�-construction programs.
Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrieni Sensitive Waters,
permittees, delegated programs, and regulated entities,must use stormwater control
measures (SCMs) that reduce nutrient loading, while still'incorporating the stormwater
controls required for the project's density level. In areas -Here the Department has
approved a Nutrient Sensitive Water Urban Stormwater Management Program, the
provisions of that program fulfill the ient loading reduction requirement.
Pursuant to 15A NCAC 0".1050 MDC ARHOALL STORMWATER CONTROL
MEASUREs (SCM), 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 st ets, driveways, and other impervious surfaces.
Part 11 Page 11 of 20

PERMIT NO. NCS000448
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. 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 reducAto ter roll on from activities
such as park and open space maintenance, fleet and buildinginairltenance, new
construction and land disturbances, and storm water system maintenance.
2. BMPs for the Pollution Prevention and Good H sekee in , for Municipal
Operations
The permittee shall implement the following MP"s to meet the objectives of the Pollution
Prevention and Good Housekee rogram and shall notify the Division prior to modification
of any goals. �'�
BMP
Measurable Goals
a. Inventory of municipally
The perm' ee 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 permittee 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.
d. Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -owned
the stormwater sewer system including catch basins and
or maintained catch basins and
conveyance systems that it owns and maintains.
conveyance systems
e. Identify municipally owned or
The permittee shall maintain a current inventory of municipally -
maintained structural
owned or operated structural stormwater controls installed for
stormwater controls
compliance with the permittee's post -construction ordinance.
Part 11 Page 12 of 20

PERMIT NO. NCS000448
BW
Measurable Goals
f. 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 fre uency of inspections and
routine maintenance requirement
The permittee shall inspec, �nd maintain mu�cipally-owned or
maintained structural stor water controls in accordance with the
schedule developed by permittee:, The permittee shall document
inspections and maintenance of ali'municipally-owned or
maintained structu7l�'storxnw4tevcontrols.
g. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures fQr applicators are followed.
h. Staff training
The permittee shall implement an employee training program for
employees involved in implementing pollution prevention and
good housekeeping practices.
i. Prevent or Minimize
The,, rmittee 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 13 of 20

PERMIT NO. NCS000448
SECTION H: IMPAIRED WATERS
For impaired waters 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) and
describe the strategies and tailored and/or expanded BMPs in their annual reports.
Part 11 Page 14 of 20

PERMIT NO. NCS000448
SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLs)
1. For the purpose of this Section, sensitive waters are waters
a. With a TMDL developed and approved, or established by EPA,
b. Included in the most recent NC DEQ Section 303(d) list approved by EPA,
C. That pursuant to NCDEQ Water Classifications & Standards, waters that are classified as
either Outstanding Resource Waters (ORW), Trout Wat s (Natural (TN), or, Shellfish
Waters (SA).
2. Determination of receiving water conditions and impacts
a. Permittees shall determine whether their MS4 discharges to receiving waters within a
TMDL watershed or with a listing in the latest CWA §�03(d) list of impaired waters
that is associated with a water quality monitoring station (WQMS).
b. Permittees shall refer to the most recent CWA §303(d) list approved by EPA to
determine WQMS impairment statx and to identify the pollutant(s) of concern
(POC). This informatio 11 be�updated and documented annually.
C. For all TMDLs, permittee,shall determine whether POC have potential to occur in
MS4 storm water dischar eg. This information shall be documented. If intended uses
are fully supported for articular. TMDL, no further action on the permittee's part is
needed for that TMD ��
3. TMDL Monitoring and Assessment
a. For MS4 discharges of the pollutant(s) of concern to TMDL waters, the permittee shall
identify discharges located in the TMDL watershed draining to the impaired WQMS.
b. The permittee shall include a TMDL Monitoring and Assessment Plan. The Monitoring
and Assessment Plan component shall be completed and submitted to the Department as
follows;
i. Within 12 months of the effective date of permit coverage for existing TMDL.
ii. For newly designated permittee authorized to discharge storm water from their
MS4 for the first time under this permit within 24 months of the effective date of
permit coverage for the existing TMDL.
iii. Monitoring and Assessment Plans, shall be submitted within 12 months of the
EPA -approval or establishment of new TMDL (Effective Date of the TMDL),
after the first year of permit coverage.
C. Describe the activities the permittee will conduct to address applicable WLA, including
at a minimum a schedule for conducting monitoring to be initiated as follows;
i. Not more than 18 months from the Effective Date of this permit for existing
TMDL in the case of existing permittees,
ii. Not more than 30 months from the Effective Date of the Certificate of Coverage
for existing TMDL, and, for TMDL issued 24 months after the Effective Date of
the permit in the case of newly designated permittees.
iii. The monitoring plan for subsequently issued TMDL shall include a schedule for
monitoring activities to be initiated no more than 18 months from the effective
date of the TMDL for existing and newly designated permittees.
Part 11 Page 15 of 20

PERMIT NO. NCS000448
d. Describe the activities the permittee will conduct to monitor the pollutants of concern, on
a frequency necessary to determine statistically significant seasonal pollutant loads
baseline, with duration of not less than two years.
e. Describe the minimum frequency and representativeness. Samples and measurements
taken for the purpose of the TMDL Monitoring Plan shall:
i. Be representative of the MS4 discharges,
ii. Be reasonably distributed in time, while mainta} in epresentative sampling,
iii. Not be terminated for the purpose of preventi analysis results from a permit
or water quality violation,
iv. Describe and consider frequency, mass rate arge, as appropriate,
and,
V. Be expressed in terms of units or mea em nsistent with the requirements
contained in the WLA.
f. The information contained in the
Plan shall include:
i. Monitoring loca(ons, app or priat6 f� epresentative data collection
ii. Description of whether the ocaton(s) are representative and contribute to
pollutant loads,
iii. An indication t] seasons during which sampling is intended,
iv. The pollutant, of concern, or its surrogate(s), as a sampling parameter,
V. Description pf the sampling equipment, and,
vi. A rationale Si pporting the proposed monitored location(s) as reflective of water
quality concerns to the MEP.
g. The TMDL monitoring plan shall focus on the pollutant of concern, or its surrogates, to
characterize the quality and quantity of the permitted discharges to evaluate the progress
toward the WLA and / or Water Quality Standards (WQS) attainment by implementing
one, or a combination, of the following strategies to the MEP:
i. In -stream monitoring, and / or
ii. Outfall monitoring.
Hi. Monitoring location(s) should be selected based on one, all, or a combination of
the following basis, 1) Percent MS4 area draining to the WQMS, at least 25%, 2)
Collection of a representative contributing watershed, or 3) inclusion of the
entire TMDL watershed within the MS4.
h. Established field and sampling protocols shall be followed when characterizing MS4
discharges, such as, Guidance for collecting samples under the stormwater permitting
program while fulfilling NPDES stormwater sampling needs is provided in the NPDES
Stormwater Sampling Guidance Document (EPA 833-8-92-001) and it is incorporated by
reference herein. It can be found by visiting,
hqp://www.epa.gov/ppdes/J2ubs/owmOO93.adf
Technical assistance and support for MS4 subject to NPDES program regulations for
storm water point source discharges can be found in the Guidance Manual for the
Preparation of NPDES Permit Applications for Discharges from Municipal Separate
Storm Sewer Systems (EPA-833-B-92-002) and it is incorporated by reference herein.
Visit, http://www.epa.gov/npdes/pubs/owm0246.pdf
Part 11 Page 16 of 20

PERMIT NO. NCS000448
j. Permittees may collect composite samples using different protocols than those indicated
above with respect to the time duration subject to the approval of the Department.
k. Where field analysis does not involve analytical methods approved under 40 CFR 136,
permittees shall provide a description of the method used including the name of the
manufacturer of the test method along with the range and accuracy of the test.
1. When no analytical method is approved, permittees may use any suitable method but
must provide a description of the method.
In. For each monitoring location selected above, samples o water discharges shall be
collected at a minimum of once per season per yeat
n. Samples collected for laboratory analysis for all.wet weather flpwischarged from the
MS4, shall be analyzed for the POC, or surrogates, i�he TMDL.
o. For MS4 discharges to tidal influenced waters, alternative accepted sampling protocols
may be used to collect the samples required above. A description of the methodology
used shall be provided as required under CFR 122.26(d)(1)(iv)(D) & (d)(2)(iii).
Adherence to the MEP is expected. Do , entation of any deviation is required.
P. Describe the activities the permittee will conduct to' --address applicable WLA, including
the biological monitoring may be appropriate at some locations to demonstrate the
recovery of biological comihimities after implementation of stormwater control measures.
Monitoring locations in receiving watersmust be at least both upstream and downstream
of major MS4 discharges, with a frequency of at least annual basis for the permit term.
Regardless, the monitog type, representativeness of the location, pollutant(s) of
concern and / or parameters to be sampled, description of sampling equipment and
sampling frequency of ambient,�vaters should be strategically designed to demonstrate
the level of progress made towards meeting the applicable WLA and addressing
impairments in the receiving and/or in downstream waters;
q. Describe the activities the permittee will conduct to address applicable WLA, including
for each pollutant of concern, permittees shall report on the progress of the
characterization of the relative pollutant levels from various MS4 discharges to TMDL
waters. Resulting data shall be included in every annual report following the
commencement of monitoring for TMDL pollutant characterization.
4. Assessment of achieving the WLA / WQS
a. The WLA / WQS shall consist of a process and schedule for assessing the monitoring
data to prioritize areas of the SMS4 that will be targeted for implementation of SCM,
b. The WLA / WQS shall consist of a process and schedule for selection of appropriate
SCM that will implement the WLA to the MEP, will protect water quality, and will
satisfy the appropriate water quality requirements of the Clean Water Act, and,
C. The WLA / WQS shall include updates to TMDL Monitoring and Assessment Plans to be
submitted in each annual report.
d. The WLA / WQS shall document progress on the TMDL Monitoring and Assessment
Plan.
5. TMDL Implementation and Analysis
a. Permittees shall initiate the monitoring described in Section I above.
b. Any monitoring data and information generated from the previous year of the monitoring
program to satisfy the provisions above must be made available to the Department upon
request.
Part 11 Page 17 of 20

PERMIT NO. NCS000448
C. Permittees shall complete and submit TMDL Implementation Plans for approved TMDL
as follows;
i. Within 48 months from the Effective Date of this permit, or 48 months from the
new TMDL effective date, for existing permittees, and,
ii. Within 60 months from the Effective Date of Coverage, or 60 months from the
new TMDL effective date, for newly designated permittees.
d. TMDL Implementation Plans submitted to the D nd shall describe the
following:
i. Assessment of the monitoring data. Where long-term data is available, this
assessment should include an analysis of the data.to show trends;
ii. Prioritization of areas targeted for implementation and underlying rationale;
iii. Structural and nonstructural controls to address the WLA. Permittees should
include a brief explanation oNhv the controls are selected (e.g., expected load
reductions or percent of capture); and, %
iv. Schedule for compptincontrols implementation as soon as practicable. The
schedule shall describeall of the controls implementation activities that are
expected to occur,during the current and the next permit term. In addition to the
control implementation activities that are expected to occur during the current
permit cycle, the TMDL;Irhplementation Plan shall include proposed monitoring
to be used to evaluate the effectiveness of the control and facilitate the iterative
revision of the Control Implementation Plan to achieve progress towards
addressing the TMDL's WLA as long as the intended uses are not supported.
e. Permittees shall implement those elements of the TMDL Implementation Plan that are
scheduled to occur within the term of this permit. Schedules and plans herein are part of
the re -application process.
£ Progress on the TMDL Implementation and Analysis shall be documented annually.
g. Should there be no water quality improvement of the discharges from the MS4 resulting
from implementation, permittees may be required to implement additional control
measures or to make changes to the TMDL implementation plan.
h. 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 permittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwater
Management Plan and annual reports.
i. Information regarding North Carolina TMDLs is available at:
htlp://portal.ncdenr. org/web/wq/Ts/mtu/tmdl/tmdls
Part 11 Page 18 of 20

PERMIT NO. NCS000448
SECTION J: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
2.
The 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).
This special condition supplements or superset
permit (Reporting and Record Keeping Requir
• Paragraph 1.
• Paragraph 3.
• Paragraph 8.
Records
Annual Repor
Report Submit
in Part IV of this
Reporting Requirements [Supersedes Part IV, Paragraph ��-(b.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)]
�J
Starting on December 21, 2020, �ittee sha l electronically report the following compliance
monitoring data and reports: Separ e Storm Sey�er System (MS4) Program Reports (See Part III
2., Program Assessment annual ort)
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 permittee 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 NPDES 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: https://www.epa. ov�pliance/final-national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
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 permittee must sign and certify
all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this
permit.
Part 11 Page 19 of 20

PERMIT NO. NCS000448
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 under 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 unf ss the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Divis n. Approved
electronic reporting waivers are not transferrable. Only,permittees with arproved reporting
waiver request may submit monitoring data and reports n er to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a to 15orfi nary elect onic reporting waiver are found
on the following web page:
ht ://de .nc. ov/about/divisions/ ater-resources/e dmt
6. Records Retention [Supplements Part IV, 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
122.41].
Part 11 Page 20 of 20

PERMIT NO. NCS000448
PART III PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Permittee's Stormwater 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 actin , and other stormwater
activities. Documentation will be kept on -file by the permittee for Oeriod of five years and
made available to the Director or his authorized representative upon
B. The permittee's Stormwater Plan will be reviewed and update as necessary, but at least on an
annual basis to identify modifications and improvements neededtp 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 permittee must
submit 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
date of the first submittal. AnnuaCreports that include appropriate information to accurately
describe the progress, status, and results of the permittee's Stormwater Plan and will include, but
is not limited to, the following components,
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 Stormwater Plan for the past year and
schedules and plans for the year following each report.
2. The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for the
proposed changes and how these changes will impact the Stormwater Plan (results,
effectiveness, implementation schedule, etc.).
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
Stormwater 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 permittee 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 permittee's Stormwater Plan.
Part III Page 1 of I

THIS

PERMIT NO. NCS000448
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
1. Reports submitted to satisfy other State Stormwater eporting requirements satisfy the
annual reporting requirements of this permit to the extent that the reports satisfy Part III,
paragraph 2 (a) through (e) and Part IV, paragraph 3 (c�,bf this permit.
2. The permittee will submit reporting and;monitoring information on an annual basis.
Completion and submittal of the reporting information contained within the online BIMS
Stormwater Management Progra 'ssessment (SMPA) meets the annual reporting
requirements of this pe
3. The annual report shall dokjj�
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.
4. Posting the results of an annual program assessment on the permittee website as
conducted by another local government, a third party, or a self -assessment, meets the
annual reporting requirement.
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
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
Part IV Page I of 2

PERMIT NO. NCS000448
E. Other Information
Where the permittee 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 permittee shall notify the Director of any planned modification's to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of e proved Stormwater
Plan; or where the modification could significantly change the timefr4m or 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: � 4 L
Departtrjent of Environmental Quality
Division of ergy, Mineral, and Land Resources
t1612 MailService 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. NCS000448
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 overage upon
renewal application.
a. The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants withinthe time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requir ' cut.
b. The Clean Water Act provides that any person ,ho 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 penalty 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. Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 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. NCS000448
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 permittee from responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.6B,
143-215.6C or Section 309 of the Federal Act, 33 USC 1.*. Furthermore, he permittee is
responsible for consequential damages, such as fish kill eve ou h the sponsibility 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 t seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is re ons�ible for consequential damages, such as fish kills, even
though the responsibility for effect' \ pliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not cotey 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
Part V Page 2 of 5

PERMIT NO. NCS000448
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
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 y both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terramate0or cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated n ncompliance does not stay any permit condition.
11. Duty to Reapply too,
The permittee is not authorized to discharge aftef>the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee 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 least 180 days prior to
expiration, or any discharge that does not have a permit 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.
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PERMIT NO. NCS000448
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 onl when the eration 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
necessary to halt or reduce tl
condition of this permit.
Part V Page 4 of 5
it would have been
compliance with the

PERMIT NO. NCS000448
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
1.
`14
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, on the presentation of
w credentials and other documents as may be required by la, to;
a.
C.
rel
Enter upon the permittee's prem
conducted, or where records shz
Have access to and copy, at rea;
kept under the conditions of thi;
ty is located or
permit;
ttee that shall be
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or erations of the permittee regulated or required under this
permit; and
Sample or monitor at reasonable times; for the purposes of assuring permit compliance or
as otherwise authorize 'by the Cle4n Water Act, any substances or parameters at any
location under the co of of the permittee.
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 143-215.613 or in Section 309 of the
Federal Act.
Part V Page 5 of 5

THIS

PERMIT NO. NCS000448
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 Statg�e 143-215.1 et. al.
Part VI Page I of 1

IY:IK

PERMIT NO. NCS000448
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee 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.
Part VII Page 1 of 1

IY:IK

PERMIT NO. NCS000448
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMP)
'7
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 rocess, act' i hysical structure or
planning (see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impedrvious or partially impervious
surface including, but not limited to, buildingAPavement 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 of* swimming pool, or pervious or partially pervious
paving material to the extent thatThe p*ingmaterial absorbs water or allows water to infiltrate
through the paving material. j
4. Clean Water Act
The Federal Water Pollution�CntrojAct, 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 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.
6. Department
Department means the North Carolina Department of Environmental Quality
7. Division (DEMUR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality
Part VIII Page 1 of 5

PERMIT NO. NCS000448
7
0
12.
13
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
Illicit Discharge r
Any discharge to a MS4 that is not composed entirely
to an NPDES permit (other than the NPDES MS4 pen
and discharges resulting from fire -fighting activitieso
Industrial Activity
For the purposes of this permit, ' triactiviti�
in 40 CFR 122.26. ���
except discharges pursuant
non-stormwater discharges,
mean all industrial activities as defined
All municipal separate store sewers t 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 storm
sewer system.
Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
Part VIII Page 2 of 5

PERMIT NO. NCS000448
14. Municipal Separate Storm Sewer System (MS4)
15.
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, A6oc, control district or drainage district,
or similar entity, or an Indian tribe or an authorized--odian t%bal.brganization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States.o�&aters of the State.
(b) Designed or used for collecting or con
(c) Which is not a combined sewer;
(d) Which is not part of a Pueatment Works (POTW) as defined in 40 CFR
122.2
The following are categories of non-stormwater discharges that the permittee shall 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
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 the United
States).
16. 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
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
Part VIII Page 3 of 5

PERMIT NO. NCS000448
17. 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.
18. Permittee
19
20.
The owner or operator issued this permit.
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.
Redevelopment
Means any rebuilding activity ess that rebuilding activity;
(a) Results in no net increase in bjlt-upon area, and
(b) Provides equal or greater stormwater control than the previous development.
21. 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.
22. 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.
23. 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.
Part VIII Page 4 of 5

PERMIT NO. NCS000448
24.
25
26.
27.
Stormwater Management Program (SWMP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase II regulations to be developed by MS4
permittees.
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 stormwater agement
program. The Stormwater Plan is a consolidation of alYof the permittee' 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 bb�Implemented and enforced
to comply with the permit and to document the sel tion, design, "and installation of all
stormwater control measures.
Stormwater Runoff
The flow of water which results p eci and which occurs immediately following
rainfall or as a result of snowmelt.i
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.
Part VIII Page 5 of 5