NCS000585_2016 Final Permit_20160311

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES

PERMIT NO. NCS000585
TO DISCHARGE STORMWATER UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,

City of New Bern

is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:

within the City of New Bern Jurisdictional Area
Craven County

to receiving waters of the State, within the Neuse 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 November 11, 2016.

This permit and the authorization to discharge shall expire at midnight on November 10, 2021.

Signed this day March 11, 2016.

Original Signed by Micheal F. Randall

for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

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PERMIT NO. NCS000585

i
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 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: MONITORING AND RECORDS

PART VI LIMITATIONS REOPENER

PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS

PART VIII DEFINITIONS

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PERMIT NO. NCS000585

Part I Page 1 of 2

PART I PERMIT COVERAGE

1. During the period beginning on the effective date of the permit and lasting until expiration, the
City of New Bern is authorized to discharge stormwater from the municipal separate storm sewer
system (MS4) to receiving waters of the State within the Neuse River Basin. Such discharges
will be controlled, limited and monitored in accordance with 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 of the measures identified in the permit, a narrative description of the
program, a table that identifies each best management practice (BMP), the frequency of the BMP,
the measurable goals for each BMP, the implementation schedule, funding and the responsible
person or position for implementation.

2. All discharges authorized herein shall be managed in accordance with the terms and conditions of
this permit. Any 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 the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.

4. This permit covers activities associated with the discharge of stormwater from the MS4 owned
and operated by the permittee within the jurisdictional area of the permittee. The permit applies
to jurisdictional areas 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.

5. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.

6. 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.

7. The permittee shall implement its approved Stormwater Plan in accordance with Section
402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of
this permit. The specific requirements of section 402(p)(3)(B) of the Clean Water Act require that
the permittee effectively prohibit non-stormwater discharges to the permittee's MS4 and that
controls and management measures are implemented by the permittee to reduce the discharge of
pollutants from the municipal storm sewer system to the maximum extent practicable.

8. The purpose of the Stormwater Plan is the means by which the permittee will describe how it is in
compliance with the permit. Compliance with the six minimum measures in 40 CFR § 122.34(b)
and the additional provisions of Session Law 2006-246 constitute compliance with the
requirements of this permit, the Clean Water Act and Session Law 2006-246 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.
PERMIT NO. NCS000585

Part I Page 2 of 2

9. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:

(a) Permitted by, and in compliance with, another permit, authorization, or approval,
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 and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.

The Division may require that non-stormwater flows of this type be controlled by the
permittee’s Stormwater Plan.
PERMIT NO. NCS000585
Part II Page 1 of 18

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 review by the Division to determine implementation status
and progression toward meeting the pollutant control intent of the Stormwater Plan. This includes, but is
not limited to, the following areas:

1. The permittee shall maintain adequate legal mechanism, such as regulations, ordinances, policies
and procedures to implement all provisions of the Stormwater Plan. 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 Stormwater Plan.

2. The permittee shall conduct an annual analysis of the capital and operation and maintenance
expenditures needed, allocated, and spent as well as the necessary staff resources needed and
allocated to meet the requirements of this permit, including any implementation and enforcement
activities required. The analysis shall include estimated expenditures for the reporting period, the
preceding period, and the next reporting period and be submitted with the annual report. Each
analysis shall include a description of the source of funds that are proposed to meet the necessary
expenditures, including legal restrictions on the use of such funds.

3. The permittees 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 assess the performance and
effectiveness of the program components. Results will be used by the permittee to modify the
program components as necessary to accomplish the intent of the Stormwater Program.

5. The permittee is required to keep the Stormwater Plan up to date during the term of the permit.
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 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 will 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 then 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.

PERMIT NO. NCS000585
Part II Page 2 of 18

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 implement the control measure on behalf of the MS4.

PERMIT NO. NCS000585
Part II Page 3 of 18

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

Within 12 months of the effective date of the permit the permittee shall implement the following
BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the
Division prior to modification of any goals.

BMP Measurable Goals
a. Identify Goals and Objectives Defined goals and objectives of the Local Public Education and
Outreach Program based on at least three high priority
community wide issues.

b. Identify target pollutants and/or
stressors
The permittee shall maintain a description of the target
pollutants and/or stressors and likely sources.

c. Identify target audiences The permittee 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
industrial/commercial issues
The permittee shall identify and describe issues, such as specific
pollutants, the sources of those pollutants, impacts on biology,
and the 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
watersheds in need of protection
and the issues that may threaten
the quality of these waters

Where applicable, the education/outreach program shall identify
and describe watersheds in need of protection and the issues that
may threaten the quality of these waters.

f. Develop an Informational Web
Site
The permittee shall promote and maintain, assess and update as
necessary an internet web site.

g. Distribute public education
materials to identified target
audiences and user groups. For
example, schools, homeowners,
and/or businesses.
The permittee shall distribute, assess and update as necessary
stormwater educational material to appropriate target groups in
such a way that is designed to convey the program’s message to
the target audience each year. The permittee may rely on Public
Education and Outreach materials supplied by the state, and/or
other entities through a cooperative agreement, as available,
when implementing its own program.

PERMIT NO. NCS000585
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BMP Measurable Goals
h. Maintain Hotline/Help line The permittee shall promote and maintain a stormwater
hotline/helpline. The permittee 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.

i. Develop a Public Education and
Outreach Program.
The permittee’s outreach program, including those elements
implemented locally or through a cooperative agreement, shall
include a combination of approaches that are most effective at
reaching the identified target audiences based on data and
information collected by the permittee. For each media, event or
activity, including those elements implemented locally or
through a cooperative agreement measure and record the extent
of exposure.

PERMIT NO. NCS000585
Part II Page 5 of 18

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

Within 24 months of the effective date of the permit the permittee shall implement the following
BMPs to meet the objectives of the Public Involvement and Participation Program and shall
notify the Division prior to modification of any goals.

BMP Measurable Goals
a. Provide the public an
opportunity to review and
comment on the Stormwater
Plan

The permittee shall conduct at least one public meeting during
the term of the permit to allow the public an opportunity to
review and comment on the Stormwater Plan.

b. Provide and promote volunteer
opportunities
The permittee has provided and promoted volunteer opportunities
as part of its stormwater program designed to promote ongoing
citizen participation.

c. Provide and promote a
mechanism for Public
involvement
The permittee has provided and promoted a mechanism for public
involvement that provides for input on stormwater issues and the
stormwater program. The permittee may establish a stand-alone
group or utilize an existing group or processes.

d. Promote and maintain a
Hotline/Help line
The permittee has promoted and maintained a hotline/helpline.
The permittee 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.

PERMIT NO. NCS000585
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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 your
small MS4.
b. Maintain a storm sewer system map, showing the location of major outfalls and the
names and location of waters of the United States that receive discharges from those
outfalls;
c. Effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water
discharges except as allowed in this permit into your storm sewer system and implement
appropriate enforcement procedures and actions;
d. Implement a plan to detect and address non-storm water discharges, including illegal
dumping, to your system;
e. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non-storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to 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

Within 60 months of the effective date of the permit 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 adequate legal authorities The permittee shall develop an IDDE ordinances or other
regulatory mechanisms, or adopt any new ordinances or other
regulatory mechanisms that provide the permittee with
adequate legal authority to prohibit illicit connections and
discharges and enforce the approved IDDE Program.

b. Maintain a Storm Sewer System
Base Map of Major Outfalls.
The permittee shall develop a map identifying major outfalls.
At a minimum, components include major outfalls and
receiving streams, and type of conveyance system (i.e., either
closed pipe or open drainage). For closed pipe systems
identify the pipe material, shape, and size.

c. Detect dry weather flows The permittee shall develop a program for conducting dry
weather flow field observations in accordance with a written
field screening procedure for detecting and tracing the sources
PERMIT NO. NCS000585
Part II Page 7 of 18

BMP Measurable Goals
of illicit discharges and for removing the sources or reporting
the sources to the State to be properly permitted.

d. Investigations into the source of all
identified illicit discharges.
The permittee shall develop written procedures for conducting
investigations into the source of all identified illicit discharges,
including approaches to requiring such discharges to be
eliminated.

e. Track investigations and document
illicit discharges
The permittee shall track all investigations and document the
date(s) the illicit discharge was observed; the results of the
investigation; any follow-up of the investigation; and the date
the investigation was closed.

f. Employee Training The permittee shall develop a training program for appropriate
municipal staff, who, as part of their normal job
responsibilities, may come into contact with or otherwise
observe an illicit discharge or illicit connection to the storm
sewer system. The training program shall identify
appropriate staff, the schedule for conducting the training and
the proper procedures for reporting and responding to an illicit
discharge or connection. Follow-up training shall be provided
as needed to address changes in procedures, techniques, or
staffing. The permittee shall document and maintain records of
the training provided and the staff trained.

g. Provide Public Education The permittee shall develop a program to inform public
employees, businesses, and the general public of hazards
associated with illegal discharges and improper disposal of
waste.

h. Public reporting mechanism The permittee shall develop a program to promote, publicize,
and facilitate a reporting mechanism for the public and staff to
report illicit discharges and establish and implement citizen
request response procedures. The permittee shall 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.

i. Procedures to identify and report
failed septic system.

The permittee shall develop written procedures to identify and
report to the County health department failed septic systems
located within the permittee’s planning jurisdiction.

j. Procedures to notify the system
operator of sanitary sewer
overflows and sewer leaks.

The permittee shall develop written procedures to notify the
system operator of sanitary sewer overflows and sewer leaks.

PERMIT NO. NCS000585
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BMP Measurable Goals
k. Enforcement The permittee shall develop a mechanism to track the issuance
of notices of violation and enforcement actions. This
mechanism shall include the ability to identify chronic
violators for initiation of actions to reduce noncompliance.

l. Spill response procedure The permittee shall develop written spill/dumping response
procedures.

PERMIT NO. NCS000585
Part II Page 9 of 18

SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS

1. The permittee relies on the State Sediment and Erosion Control Program to comply with this
minimum measure. The State Sediment and Erosion Control Program effectively meets the
requirements of the 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. This program is authorized under the Sediment
Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative
Code.

2. 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.

3. The permittee shall provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources “Stop Mud” hotline
to meet the requirements of this paragraph.

PERMIT NO. NCS000585
Part II Page 10 of 18

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, including public transportation maintained by the permittee,
that disturb greater than or equal to one acre, including projects less than one acre that are
part of a larger common plan of development or sale, that discharge into the small MS4.
The program shall ensure that controls are in place that would prevent or minimize water
quality impacts. The program shall apply to private development sites and sites
developed by the permittee, including public transportation maintained by the permittee.
b. Implement strategies which include a combination of structural and/or non-structural best
management practices (BMPs) appropriate for the community;
c. Use an ordinance or other regulatory mechanism to address post-construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of BMPs.

2. BMPs for Post-Construction Site Runoff Controls

Within 24 months of the effective date of the permit the permittee shall implement the following
BMPs to meet the objectives of the Post-Construction Stormwater Management Program. To the
extent there is any conflict between this permit and the post-construction ordinances adopted by
the permittee as approved by the Division, the post-construction ordinances shall apply with
regard to permit compliance.

BMP Measurable Goals
a. Adequate legal authorities The permittee shall develop ordinances or other legal
authorities, and revise/update as necessary, or adopt any new
ordinances or other legal authorities to meet the objectives of
the Post-Construction Stormwater Management Program.

The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.

The permittee shall have the authority to request information
such as stormwater plans, inspection reports, and monitoring
results, and other information deemed necessary to assess
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.

PERMIT NO. NCS000585
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BMP Measurable Goals
b. Strategies which include BMPs
appropriate for the MS4
The permittee shall adopt the DENR Stormwater BMP
Design Manual or certify that the local BMP Design Manual
meets or exceeds the requirements in the DENR Stormwater
BMP Design Manual. .
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 and discharge to the MS4 (including sites
that disturb less than one acre that are part of a larger
common plan of development or sale). The site plan review
shall specifically address how the project applicant meets the
performance standards and how the project will ensure long-
term maintenance.

d. Inventory of projects with post-
construction structural stormwater
control measures
The permittee shall maintain an inventory of projects with
post-construction structural stormwater control measures
installed and implemented at new development and
redeveloped sites, including both public and private sector
sites located within the permittee’s jurisdiction area that are
covered by its post-construction ordinance requirements.

e. Deed Restrictions and Protective
Covenants
The permittee shall impose or require recorded deed
restrictions and protective covenants that ensure
development activities will maintain the project consistent
with approved plans.

f. Provide a mechanism to require
long-term operation and
maintenance of structural BMPs.
The permittee shall implement or require an operation and
maintenance plan that ensures the adequate long-term
operation of the structural BMPs required by this 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 are operating
correctly and are being maintained as required consistent
with its applicable maintenance agreement, the permittee
shall conduct and document inspections of each project site
covered under performance standards, at least one time
during the permit term.

Before issuing a certificate of occupancy, the permittee shall
conduct a post-construction inspection to verify that the
permittee’s performance standards have been met.

The permittee shall document and maintain records of
inspection findings and enforcement actions and make them
available for review by the permitting authority.

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BMP Measurable Goals
h. Educational materials and training
for developers
The permittee shall make available through paper or
electronic means, ordinances, post-construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other programs and adapted to the
permittee’s new development and redevelopment program.

i. Establish nutrient sensitive waters
(NSW) protection measures (for
programs with development or
redevelopment draining to NSW
waters)
The permittee shall maintain and implement, assess annually
and update as necessary an ordinance (or similar regulatory
mechanism) to ensure that the best management practices
reduce nutrient loading in stormwater runoff to the
maximum extent. In areas where the Environmental
Management Commission has approved a Nutrient Sensitive
Water Urban Stormwater Management Program, the
provisions of that program fulfill the nutrient loading
reduction requirement.

j. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions. This mechanism shall include the
ability to identify chronic violators for initiation of actions to
reduce noncompliance.

3. Post-construction Stormwater Runoff Controls for New Development

a. In order to fulfill the post-construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post-construction
practices that meet or exceed the Department's Stormwater Best Management Practices
Manual on scientific and engineering standards, or develop its own comprehensive
watershed plan that is determined by the Department to meet the post-construction
stormwater management measure required by 40 Code of Federal Regulations §
122.34(b)(5) (1 July 2003 Edition).

b. The permittee shall meet the requirements of the post-construction program for
construction projects that are performed by, or under contract for, the permittee including
public roads and public bridges maintained by the permitee. 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 second party’s post-construction programs. Public
roads and public bridges maintained by the permitee shall 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.

PERMIT NO. NCS000585
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c. Adoption of the Universal Stormwater Management Program (USMP) meets the
requirement to develop and implement a Post-Construction Program by the local
government adopting an ordinance that complies with the requirements of 15A NCAC
02H .1020 and the requirements of 15A NCAC 02B .0104(f). Adoption of the USMP
may not satisfy water quality requirements associated with the protection of threatened or
endangered species or those requirements associated with a Total Maximum Daily Load
(TMDL).

d. Compliance with the stormwater management and water quality protection required by
Session Law 2008-211, Sections 2.(a), 2.(b), 2.(c), 2.(d), 2.(e) and 2.(f) effectively meets
the Post-construction Stormwater Runoff control requirements within the 20 Coastal
Counties.

e. Pursuant to 40 CFR 122.35, the permittee may rely on the State to comply with the post-
construction stormwater runoff controls for new development.

PERMIT NO. NCS000585
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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 reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.

2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations

Within 60 months of the effective date of the permit the permittee shall implement the following
BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and
shall notify the Division prior to modification of any goals.

BMP Measurable Goals
a. Inventory of municipally
owned or operated facilities
The permittee shall maintain, assess annually and update as
necessary an inventory of facilities and operations owned and
operated by the permittee with the potential for generating
polluted stormwater runoff.

b. Identify and map municipally
owned or operated facilities
The permittee shall identify and map municipally-owned or
operated facilities. The map shall identify the stormwater outfalls
corresponding to each of the facilities as well as the receiving
waters to which these facilities discharge. The map shall be
maintained and updated regularly and be available for review by
the permitting authority.

c. Operation and Maintenance
(O&M) for municipally owned
or operated facilities
The permittee shall maintain and implement, assess annually and
update as necessary an Operation and Maintenance (O&M)
program for municipal owned and operated facilities. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.

d. Spill Response Procedures for
municipally owned or operated
facilities

The permittee shall have written spill response procedures for
municipal operations.

e. Streets, roads, and public
parking lots maintenance
The permittee shall evaluate BMPs to reduce polluted stormwater
runoff from municipally-owned streets, roads, and public parking
lots within their jurisdiction. Street sweeping and seasonal leaf
pick-up must be included in this evaluation.

PERMIT NO. NCS000585
Part II Page 15 of 18

BMP Measurable Goals
f. Operation and Maintenance
(O&M) for municipally -
owned or maintained catch
basins and conveyance systems
The permittee shall develop, an O&M program for the stormwater
sewer system including catch basins and conveyance systems that
it owns and maintains.

g. Identify and map for
municipally owned or
maintained structural
stormwater controls
The permittee shall identify and map municipally-owned or
operated structural stormwater controls. The map shall identify the
stormwater outfalls corresponding to each structural stormwater
control as well as the receiving waters to which these facilities
discharge. The map shall be maintained, updated regularly and be
available for review by the permitting authority.

h. O&M for municipally-owned
or maintained structural
stormwater controls
The permittee shall develop an O&M program for municipally-
owned or maintained structural stormwater controls.

The O&M program shall specify the frequency of inspections and
routine maintenance requirements.

The permittee shall inspect and maintain if necessary, all
municipally-owned or maintained structural stormwater controls in
accordance with the schedule developed by permittee. The
permittee shall document inspections and maintenance of all
municipally-owned or maintained structural stormwater controls.

i. Staff training The permittee shall develop an employee training program for
employees involved in implementing pollution prevention and
good housekeeping practices.

j. Prevent or Minimize
Contamination of Stormwater
Runoff from all areas used for
Vehicle and Equipment
Cleaning
The permittee shall describe measures that prevent or minimize
contamination of the stormwater runoff from all areas used for
vehicle and equipment cleaning.

PERMIT NO. NCS000585
Part II Page 16 of 18

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.

SECTION I: TOTAL MAXIMUM DAILY LOADS (TMDLs)

1. Objective of a Water Quality Recovery Program

Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation
(WLAs) assigned to stormwater in an approved TMDL.

2. The Permittee shall comply with the requirements of an approved TMDL.

3. Within 12 months of the final approval of a TMDL, the permittee’s annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.

4. Within 24 months of the final approval of a TMDL, the permittee’s annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.

5. Within 36 months of the final approval of a TMDL, the permittee’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.

PERMIT NO. NCS000585
Part II Page 17 of 18

SECTION J: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]

Starting on December 21, 2020, Federal regulations require electronic submittal of all reports and specify
that, if a state does not establish a system to receive such submittals, then permittees must submit reports
electronically to the Environmental Protection Agency (EPA). This special condition supplements or
supersedes the following sections within Part IV of this permit (Reporting and Record Keeping
Requirements):

Section 1. Records
Section 2. Recording Results
Section 3. Annual Reporting
Section 8. Report Submittals

1. Reporting Requirements [Supersedes Part IV Paragraph 3 (a) through (c)]

Beginning in December 21, 2020, the permittee shall electronically report the following compliance
monitoring data and reports:

 Separate Storm Sewer System (MS4) Program Reports (See Part III 2., Program Assessment)

The permittee may seek an electronic reporting waiver from the Division (see “How to Request a
Waiver from Electronic Reporting” paragraph 3 below).

2. Electronic Submissions

In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of
each electronic submission. The permittee should use U.S. 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 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.gov/compliance/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 15th 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.

PERMIT NO. NCS000585
Part II Page 18 of 18

3. 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 unless the permittee re-applies for and is granted a new temporary
electronic reporting waiver by the Division. Approved electronic reporting waivers are not
transferrable. Only permittees with an approved reporting waiver request may submit monitoring
data and reports on paper to the Division for the period that the approved reporting waiver request is
effective.

Information on the application for a temporary electronic reporting waiver are found on the following
web page:

http://deq.nc.gov/about/divisions/water-resources/edmr

4. 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].

PERMIT NO. NCS000585
Part III Page 1 of 2

PART III PROGRAM ASSESSMENT

The Division may request additional reporting and monitoring information as necessary to assess the
progress and results of the Permittee’s Stormwater Plan.

1. 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, monitoring and sampling, implementation of BMPs, enforcement actions,
and other stormwater activities. Documentation will be kept on-file by the permittee for a period
of five years and made available to the Director or his authorized representative upon request.

2. The permittee’s Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness. The permittee shall implement a plan and schedule to address the identified
modifications and improvements. The permittee shall submit annual reports 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:

a. 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 (Public
Education/Involvement, Illicit Discharges, Construction, Post-Construction, Good
Housekeeping) for the past year and schedules and plans for the year following each
report.

b. 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.).

c. The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan. In
addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.

d. The permittee will include a summary of data accumulated as part of the Stormwater Plan
throughout the year along with an assessment of what the data indicates in light of the
Stormwater Plan.

e. The permittee will provide information on the annual expenditures and budget anticipated
for the year following each report along with an assessment of the continued financial
support for the overall Stormwater Plan.

f. The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the previous 12 months. This summary will include, but is not limited
to, an assessment of compliance with this permit, 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, and each significant
activity/control measures or type of activity/control measure implemented.
PERMIT NO. NCS000585
Part III Page 2 of 2

g. The Permittee will identify and track programmatic and site indicators to assess if the
Stormwater Plan is meeting goals and objectives.

3. 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 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 the permittee’s Stormwater Plan.

PERMIT NO. NCS000585
Part IV Page 1 of 3

PART IV REPORTING AND RECORD KEEPING REQUIREMENTS

1. 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.

2. Recording Results

For each measurement, sample, inspection or activity performed or taken pursuant to the
requirements of this permit, the permittee shall record the following information, including but
not limited to:

a. The date, location, description, and time of the sampling, measurements, inspection or
activity;
b. The individual(s) who performed the sampling, measurements, inspection or activity;
c. The date(s) analyses were performed (if performed);
d. The individual(s) who performed the analyses (if performed);
e. The analytical techniques or methods used (if performed); and
f. The results of such analyses (if performed).

3. Annual Reporting

a. Reports submitted to satisfy other State Stormwater Reporting requirements satisfy the
annual reporting requirements of this permit to the extent that the reports satisfies Part III,
paragraph 2 (a) through (e) and Part IV, paragraph 3 (c) of this permit.

b. 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 Program Assessment (SMPA) meets the annual reporting
requirements of this permit.

c. The annual report shall document:

i. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
ii. A description of the effectiveness of each SWMP program component
iii. Planned activities and changes for the next reporting period, for each SWMP
program component or activity.
iv. Fiscal analysis.

4. Twenty-four Hour Reporting

a. 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.

PERMIT NO. NCS000585
Part IV Page 2 of 3

b. 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.

5. Additional Reporting

The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the permittee’s Stormwater Plan, or for the entire Program.

6. 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.

7. Planned Changes

a. The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity that may result in noncompliance with the permit
requirements.

b. The permittee shall give advance notice to the Director of any planned modifications to
the Stormwater Plan. Notice of any changes is required at least through the annual
report. Notice shall be given as soon as possible when deleting a provision of the
approved Stormwater Plan; or the modification could significantly change the timeframe
for implementation of parts of the program or negatively influence the effectiveness of
the approved program.

8. Report Submittals

a. All reports required herein, not submitted electronically shall be submitted to the
following address:

Department of Environment Quality
Division of Energy, Mineral, and Land Resources
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699-1612

b. 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:

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
PERMIT NO. NCS000585
Part IV Page 3 of 3

iii. The written authorization is submitted to the Director.

c. Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:

"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."

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PERMIT NO. NCS000585

Part V Page 1 of 6

PART V STANDARD CONDITIONS

SECTION A: COMPLIANCE AND LIABILITY

1. Duty to Comply

The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.

a. The permittee 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 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 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).

PERMIT NO. NCS000585

Part V Page 2 of 6

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 any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS l43-2l5.3, l43-2l5.6A, 143-215.6B,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even 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
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.

5. Property Rights

The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.

6. Severability

The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

7. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.

8. Penalties for Tampering

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $l0,000 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.
PERMIT NO. NCS000585

Part V Page 3 of 6

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 $l0,000 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 filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.

11. Duty to Reapply

The permittee is not authorized to discharge after 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.
PERMIT NO. NCS000585

Part V Page 4 of 6

SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS

1. Proper Operation and Maintenance

The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.

2. Need to Halt or Reduce not a Defense

It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.

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Part V Page 5 of 6

SECTION C: MONITORING AND RECORDS

l. Representative Sampling

Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken at the monitoring points specified in
the Stormwater Plan or suitable representative sites and, unless otherwise specified, before the
discharge joins or is diluted by any waste stream, body of water, or substance. The Director may
request information justifying changes to sampling locations and sampling methods. At a
minimum, information on such changes shall be reported in the permittee's annual report. The
Director may require that certain changes in the sampling program be submitted for approval
prior to implementation of the changes.

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.

3. Test Procedures

Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS l43-2l5.63 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 shall produce
minimum detection and reporting levels and all data generated shall be reported down to the
minimum detection or lower reporting level of the procedure.

4. Inspection and Entry

The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;

a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;

b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and

PERMIT NO. NCS000585

Part V Page 6 of 6

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 under the control of the permittee.

5. Availability of Reports

Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Energy, Mineral and Land
Resources. 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 143-215.6B or in Section 309 of the Federal Act.

PERMIT NO. NCS000585
Part VI Page 1 of 1

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.

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PERMIT NO. NCS000585
Part VII Page 1 of 1

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.

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PERMIT NO. NCS000585
Part VIII Page 1 of 6
PART VIII DEFINITIONS

1. Act

See Clean Water Act.

2. 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).

3. Built-upon Area

That portion of a development 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.

4. Calculation of Means

(a) Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.

(b) Geometric Mean: The geometric mean of any set of values is the Nth root of the product
of the individual values where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of
the individual values. For purposes of calculating the geometric mean, values of zero (0)
shall be considered to be one (l).

(c) Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.

5. Clean Water Act

The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.

PERMIT NO. NCS000585
Part VIII Page 2 of 6
6. 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.

7. Department

Department means the North Carolina Department of Environment Quality

8. Division (DEMLR)

The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural
Resources.

9. Director

The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.

10. EMC

The North Carolina Environmental Management Commission.

11. 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.

12. Industrial Activity

For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.

PERMIT NO. NCS000585
Part VIII Page 3 of 6
13. Large or Medium Municipal Separate Storm Sewer System

All municipal separate storm sewers that are either:

(a) Located in an incorporated place with a population of 100,000 or more as determined by
the Decennial Census by the Bureau of Census; or

(b) Located in the counties with unincorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns within such counties; or

(c) Owned or operated by a municipality other than those described in paragraph (a) or (b)
and that are designated by the Director as part of the large or medium separate storm
sewer system.

14. 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).

15. Municipal Separate Storm Sewer System (MS4)

Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):

(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

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16. Non-stormwater Discharge Categories

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 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).

17. 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.

18. 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.

19. Permittee

The owner or operator issued this permit.

20. 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.

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21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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 management
program. The Stormwater Plan is a consolidation of all of the permittee’s relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.

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27. Stormwater Runoff

The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.

28. 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.