NCS000414_OTHER_20060411

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
N c-'s O o U 41
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
0 APPLICATION
0 COMPLIANCE
��THER
DOC DATE
❑ :;L�b t, D y I
YYYYMMDD

TOWN OF CARRBORO
NORTH CAROLINA
March 24, 2006
Mr. Christopher Wu, Environmental Specialist
NC DWQ
Raleigh Regional Office
Surface Water Protection
3800 I3arrett Drive
Raleigh, NC 27699-1628
RE: MS4 Inspection, 01/10/2006
"Town of Carrboro, Permit ## NCS000450
Orange County
Dear Mr. Wu:
I recently began a new job with the Town of Carrboro, but worked with you before on
some issues while a part of Orange County Erosion Control. I hope you are doing well.
I am trying to get up to speed here, and one of -my responsibilities includes the
administration and implementation of the Phase 11 permit for the "Town. I recently read
your inspection letter dated January I I, 2006. The items listed below from the two
referenced sections are things which I would like to have clarified for our permit file.
Public Involvement
I — Your letter states that, "The Town of Carrboro also approves plans from
Friends of� Bolin Creek (FO13C) and the Morgan Creek Alliance, two non -profits
whose missions are to protect the creeks." Actually, the Town is generally
supportive of these groups, provides information as needed to assist them
accomplish their missions, and has adopted "as a guide" a conservation area map
proposed by the FOBC, as well as accepted as information a report from FOBC
titled "'The Future of the Upper Bolin Creek Corridor." However, the Town has
not approved any "plans" from these groups that are legally binding.
Construction Site Runoff Control and Post-Construclion Alanagement:
1 — Contrary to your letter, the Town of' Carrboro does not have a contract with
Orange County for the delegation of the construction site runoff control. Rather,
Orange County EC was authorized on 10/4/76 by resolution by the Town's Board
ol' Alderman to administer the Orange County Soil Erosion and SeclhnentLwion
Planning Department • Planning Division
301 West Main Street, Carrboro, NC 27510 • [phone]. FAX [phone] • TDD 1-800-826-7653
AN EQUAL OPPORTUNITY EMPLOYER

Mr. Christopher Wu is H:INPDES Phase 11101 W WO Insp Response.032406.doc
Page 2 of 2
March 24, 2006
Control Ordinance within the Town's jurisdiction. The Town does not pay Orange
County for administering the Ordinance in the Town. User fees are paid directly to
the County by applicants for land -disturbance permits.
2 — Your letter states that. "The Town will be responsible for ensuring that Orange
County's monitoring program is effective and will also maintain records of each
inspection," Based on language in Part II of the Town's permit. Page 9 of 13, 1
interpret this to mean that Carrboro must maintain records of each "random"
inspection of the Orange County Erosion Control program that we conduct in our
effort to ensure their efTectiveness. Please advise me in writing if we should
interpret this differently.
3 — The second paragraph of this section seems to speak to "temporary"
construction site runoff control and "long-term" post -construction. management
issues, and is somewhat unclear. It states that, "Orange County [EC] will likely
conduct post -construction inspections." I assume that you mean "final
stabilization" inspections at the closing of a land -disturbance permit. The Town is
working toward a system to ensure long-term operation and maintenance of
permanent structural BMP`s, but procedural details regarding annual inspections
of these measures has not yet been determined.
I look forward to receiving any additional comments you feel are necessary.
Sincerely,
D. Will Autry, CPESC
Environmental Planner
C: Mike Randall, Aisha Lau — DWQ
Roy Williford, Patricia McGuire - Town of Carrboro
Planning Department • Planning Division
301 West Main Street, Carrboro, NC 27510 • [phone] . FAX [phone] TDD 1-800-826-7653
AN EQUAL OPPORTUNITY EMPLOYER

W A TF9
�0 v
p r
Mr. Roy Williford, Planning Director
Town of Carrboro
301 West Main Street
Carrboro, NC 27510
Subj ect:
Dear Mr. Williford:
•
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 11, 2006
MS4 Stormwater Inspection
Town of Carrboro
NPDES Permit Number;NCS000450-
Orange County
Alan W. Klimek. P.E., Director
Division of Water Quality
On January 10, 2006 Mr. Christopher Wu of the Raleigh Regional Office conducted a
stormwater evaluation inspection of the Town of Carrboro's Municipal Separate Storm Sewer
System (MS4) with the assistance of Mr. Noah Ranells, Environmental Planner, Ms. Patricia
McGuire, Planning Administrator, and yourself, Planning Director for the town. Everyone's
help was well appreciated as it facilitated the inspection processes.
The purpose of the evaluation was to see if the Town of Carrboro was abiding by the guidelines
provided under permit NCS000450. Under the Phase I1 program all communities and public
entities that own or operate a MS4 are obligated to obtain a NPDES permit for stormwater
discharges. A maintained stormwater program is essential for protecting the integrity of surface
waters. Both Bolin Creek and Morgan Creek flow through Carrboro's jurisdiction and face the
potential of contamination.
The minimum requirements under a Phase I1 permit are:
1. Public education and outreach
2. Public involvement
3. Illicit discharge identification and elimination
4. Construction site runoff control
5. Post -construction management
6. Pollution prevention/housekeeping
Each requirement has several components with varying completion dates throughout the duration
of the 5-year permit. In addition, an annual report must be submitted to the Division for
approval. Currently, members of the State's stormwater group are designing a web -based
interface that will enable users to electronically submit their reports. This interface will likely
consist of "yes/no" questions from which compliance can be judged. Barring any setbacks the
projected completion date for this template is within the next couple of months.
None h Carolina
Ntuna!!ff
North Carolina Division of Water Quality Raleigh Regional Office surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 3800 Barrett Drive Raleigh, NC 27699-1628 FAX [phone]
An Equal OpporlunitylAffirmative Action Employer — 50°% Recycledl10°% Post Consumer Paper

04
Town of Carrboro, NCS000450 e
1 / 11 /2006 0 1
Public Education and Outreach
The Town of Carrboro is an active member of the Clean Watershed Education Partnership
(CWEP). Through CWEP the Town has made available a brochure entitled "Clean Water
Begins With You and Me". In addition, the Town of Carrboro works in conjunction with Chapel
Hill's stormwater educator and participates in public events. Much of this information can be
found on the Town's informational website.
Public Involvement
The Town of Carrboro plans to place labeled decals with unique identifiers on stormwater
devices/structures throughout town. Each decal will correspond with the Town's GIS system so
problems or complaints can be accurately located. Through its Environmental Advisory Board,
the Town established a contest that requests help from the community to design the decal.
Electronic pamphlets have been sent to Carrboro residents and the design template is also
available on the Town's website. Community members have been so active in participation that
the Town extended the due date for the contest.
The Town of Carrboro also approves plans from Friends of Bolin Creek and the Morgan Creek
Alliance, two non -profits whose missions are to protect the creeks. The Town created an
interactive display for the Bolin Creek Festival which was sponsored by Friends of Bolin Creek.
Such efforts help raise awareness and encourage environmental stewardship.
Illicit Discharge Identification and Elimination
The Town of Carrboro does not have many industries within town limits, nor is agriculture
prevalent. Potential sources of contamination are likely coming from construction and animal
waste. The Town is already accounting for a potential TMDL for nitrogen and has established
buffer rules that exceed state standards. GIS can be used for identifying potential sources of
discharge and ArcHydro will likely be used to model the impacts. The Town is also trying to
establish Ecosystem Enhancement Program (EEP) projects for two target sites. Through EEP,
BMPs for these sites will be evaluated for efficiency. Such efforts will help minimize impacts
from illicit discharges. It should be noted that the requirements of discharge identification and
elimination are not due till year two of the permit cycle.
Construction Site Runoff Control and Post -Construction Management
Currently there is not much large-scale construction within town limits. The Town, however,
has a contract that delegates responsibility for construction site inspections (for land -disturbing
activities greater than half an acre) to Orange County. The Town will be responsible for
ensuring that Orange County's monitoring program is effective and will also maintain records of
each inspection.
None of the requirements for post -construction management are due in the first year of the
permit cycle. As stated before, however, the Town plans to use ArcHydro to model the impacts
of construction and assess any damages. In addition, the Town has collected baseline benthic
data to further study the impacts of construction site sedimentation. Orange County will likely
conduct post -construction inspections.

I'
Town or Carrboro, NCS000450 .
111.1 /2006 ' 1*
Pollution Prevention/Good Housekeeping
As stated before, the Town of Carrboro does not have many industries within town limits. As a
result very few phase I stormwater permits have been issued. The Town, however, does work in
conjunction with the Department of Public Works to develop an operation and maintenance
program. This program will encourage exemplary housekeeping and provide staff training.
The Town of Carrboro is doing an excellent job of meeting its MS4 stormwater requirements.
All of the year one tasks are either completed or will be completed before the permit -mandated
deadline, and the Town is already accounting for future requirements that will not be due till
much later in the permit cycle.
If you have any questions regarding any of our findings, please contact Christopher Wu at: (919)
791-4260 (or email: [e-mail]).
Sincerely,
Christopher Wu
Environmental Specialist
Cc: Mr. Noah Ranells, Town of Carrboro Planning Department
Ms. Patricia McGuire, Town of Carrboro Planning Department
Aisha Lau, Central Office
;Christopher Wu, RRO—
Central Files

Release: Immediate
Contact: Sarall Bruce, CWEP Coordinator
Phone: [phone] / Ismail: sbruce a tjcog.org
Date: September 1, 2005
Clean Water Education Partnership Launches New Stormwater Web Site
RTP — North Carolina cities and counties in the Piedmont and coastal region teamed up
to create a new Web site to educate state residents about polluted runoff and the affect it
has on water quality. The Web site, located at www.nccwcp.org, offers facts about
stormwater and advice on how anyone can help reduce water pollution and improve
water quality.
Runoff is stormwater or snowmelt that doesn't seep into the ground, but `runs oft` across
hard surfaces, picking up pollutants along the way. Storm drains, which do not treat
water pollution in any way, convey this polluted runoff directly to creeks, rivers and
lakes.
Polluted runoff is the number one source of water pollution in North Carolina and the
United States. Swimming and fishing advisories and beach and shellfish bed closings are
some effects of stormwater pollution. Higher water treatment costs, algae blooms and
fish kills are also related to stormwater pollution.
"Once people understand how we all contribute pollution to the water we use, they' I
understand how important it is to make simple changes in how we fertilize our lawns or
wash our cars," stated Sarah Bruce, CWEP's coordinator. "Getting the word out is vital,
because most folks have no idea that individual actions have so much impact on water
quality."
The Clean Water Education Partnership involves almost 30 local governments in the
Piedmont and coastal area in a cooperative public education and awareness program.
Triangle 3 Council of Governments provides management and technical support services
for the group. Sydney Miller, Water Resource Program Manager for the Triangle J
Council of'Governments, states, "Water crosses municipal boundaries, so we must work
together to raise awareness about why stormwater pollution is a problem. CWEP's new
website will help us dojust that."

7"4,
Many things yi�u'put on your yard end 6p"' in
the water near you.. Stormwater runoff is'
North Carolina's #1 water pollutant.
Learn more atwww.n6cwep.orq
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Many things you put on your yard end up in
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Learn mare at www,nccwep.org
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Learn more at www.nccwep.org
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Pagc I o t
Roy M. Williford
From: Noah Ranells
Sent: Wednesday, February 16, 2005 5:01 PM
To: _Group - Everyone
Subject: Clean Watershed Education Partnership TV ads
Greetings,
The Town of Carrboro is a member of the Clean Watershed Education Partnership (CWEP; www.nccwep.org), an
organization composed of local governments in the Cape Fear, Neuse, and Tar Pamlico River Basins, and
dedicated to raising individual, business, and community awareness on stormwater pollution.
As part of the outreach component, CWEP is airing ads on various tv channels as noted in the attached excel file.
We are interested in your feedback on these ads and if they are effective at encouraging folks to be more mindful
of stormwater and what each person can do to improve water quality of surface waters.
We welcome your comments on the ads as well as suggestions for future tv ad ideas or themes.
Please share this with staff who may not be on email and encourage their input.
Thanks
noah
---------------
Noah Ranells
Environmental Planner
Town of Carrboro
301 W. Main Street
Carrboro, North Carolina 27510
919-918-7326 - N 919-918-4454 - [e-mail]
Stay informed - Join EnviroToC-L - a listsery for environmental issues relevant to Carrboro residents. http:l/listseCv,ci.Carrboro.nc.uslarchiveslenvirotoc_-
Lhtml
1/10/2006

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1'age I of I
Roy M. Williford
From: Noah Raneils
Sent: Friday, December 10, 2004 11:36 AM
To: Roy M. Williford; Patricia J. McGuire; George E. Seiz; David Poythress; Steven Stewart; 'Mike
Brough'; Travis Kidd; Martin Roupe; Henry Wells Jr. ([e-mail])
Subject: NPDES Comments 1 Contact for Stormwater brochure
You are receiving this note because you expressed interest in the NPDES Phase II stormwater program for the
Town of Carrboro
Greetings
Thank you again for participating in the NPDES permit discussion this past Tuesday morning.
Two items...
1. An extension for comments on the Draft NPDES Phase 11 Stormwater Permit has been granted until
December 31, 2004. There will be a public hearing on December 16, 2004 from 6.30 to 8.30 PM at the May
Memorial Library, 342 S Spring St, Burlington, NC.
http://h2o.enr.state.nc.us/su/Public Notice Phase2 General.htm
2. We have a "Clean Water Begins with You and Me" brochure from our participation in the Clean Water
Education Partnership, a TJ COG program. Carrboro is listed inside the brochure, but we would like to
include a contact phone number of a Town of Carrboro staff for folks to tali for more any questions related
to stormwater. Pease share your thoughts on who the most appropriate contact would be.
Thanks
noah
----------------
Noah Ranells, PhD
Environmental Planner
Town of Carrboro
301 W. Main Street
Carrboro, North Carolina 27510
919-916.7326 - fx 919.918-4454 - nranellsQtownofcarrboro.org
Stay informed - Join EnviroToC-L - a listsery for environmental issues relevant to Carrboro residents. htip;!llistserv.ci.carrboro.nc.us/archiveslenvirotoc-
I.html
1/10/2006

F W A rF Michael F. Easlcy, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
i Division of Water Quality
Gl f - ; , Coleen H, Sullins, Deputy Director
}} Division of Water Quality
November 8, 2004
I.L�Nov
r
Mr. Ro Williford !�_h -
Y NR
Town of Carrboro
Planning Director µ�
301 West Main Street
Carrboro, NC 27510
Subject: NPDES Permit Number NCS000450
Town of Carrboro
Dear Mr. Williford;
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210)
- Phase II Stormwater Management. The Governor signed the bill on August 2, 2004. This bill
addresses implementation of the federal NPDES Phase II stormwater program in North Carolina.
In S 1210, the General Assembly provided a framework that will allow state and local
government agencies to begin implementing the program. The bill establishes minimum
stormwater management requirements for municipal storm sewer systems and also applies
stormwater controls to some developing areas around these municipalities.
Phase II Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's
permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. All comments and request
should reference draft permit number NCS000450. Please provide your comments by Friday,
December 10, 2004. If you have any questions about this draft permit don't hesitate to contact
me at [phone], ext. 578.
Sincerely,
Aisha Lau
cc: Stormwater Permitting Unit
tRa-lei1 Regji nal'Office
iCt]EUR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
Customer Service
1-877-623-6748

•
NC MS4 PHASE II INDIVIDUAL PERMITS
RESPONSE TO COMMENTS
SUMMARY

Program Background
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Clean Water Act. Phase I of the NPDES stormwater
program was established in 1990. It required NPDES permit coverage for large or medium
municipalities that had populations of 100,000 or more. In North Carolina, there are six Phase I
communities. The Phase II program extends permit coverage to smaller (< 100,000 pop,)
communities and public entities that own or operate a municipal separate storm sewer system
(MS4).
Program Authority and Implementation
Phase II of the NPDES Stormwater program was signed into law in December 1999. This
regulation builds upon the existing Phase I program by requiring smaller communities and public
entities that own and operate an MS4 to apply and obtain an NPDES permit for stormwater
discharges. The program was first implemented in the State by temporary rulemaking. During
the process to make permanent rules, in early 2004, the Rules Review Commission rejected both
the temporary rules and the permanent rules. In response to the legal issues surrounding Phase II
implementation, Session Law 2004-163 now provides the Environmental Management
Commission (EMC) the authority and guidelines for implementing the Phase 11 program in NC.
Who is designated for coverage in the Phase II program?
Federal law (40 CFR 122.32) requires communities and public entities that own or operate an
MS4 located in an urbanized area obtain an NPDES Phase 11 stormwater permit:
What is required under a Phase II permit?
Permittees are required, at a minimum, to develop, implement, and enforce a stormwater
program designed to reduce the discharge of pollutants from the MS4 to the maximum extent
practicable. The stormwater management program must include these six minimum control
measures:
1. Public education and outreach on stormwater impacts
2. Public involvement/participation
3. Illicit discharge detection and elimination
4. Construction site stormwater runoff control
5. Post -construction stormwater management in new development and redevelopment
6. PoIlution prevention/good housekeeping for municipal operations
Res"sr to commrrrls - Summary

Summary of Comments
Individual and general draft permits were developed for point source discharges of stormwater
from small municipal separate storm sewer systems (MS4) discharging to the waters of North
Carolina. Both the individual and general draft permits were made available for public comment
in November, 2004. In addition, four public hearings were scheduled across the state to gather
comments on the draft general permits.
Following public comment, DWQ considered each comment. Comments varied - several entities
shared similar concerns, other comments were in response to specific provisions of particular
permits.
With each permit DWQ is providing the following summary of the comments and our response
to those comments that were of significance to the larger population of permittees.
Complete DWQ responses to comments, including editorial comments and a more details of
selected comments on post construction and monitoring, is available at:
htt :A2o.enr.state.nc.us/su/NPDES Phase H Stormwater Pro ram.htm
or upon request to:
Mike Randall
Department of Environment and Natural Resources
Division of Water Quality .
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Response to Commms • Summary

T Comments Regarding Lack of Authority
Comment
Numerous comments were submitted regarding lack of authority to allow for access to private
property to conduct inspections. Also submitted, "language Part II (D) (2) (b)... suggest that the
permittee must seek new authority to implement their program."
&espqnse
The Division of Water Quality feels that the Phase 11 Communities have adequate authority to
implement the minimum measures detailed in the individual permits.
According to Session law 2004-163 Section 2 (3), the Commission shall administer and enforce
the standards for new development and redevelopment in the regulated coverage areas. To the
extent that the new development or redevelopment is located in a municipal planning
jurisdiction, the municipality shall administer and enforce the standards' A public entity may
request that the Commission delegate administration and enforcement of the stormwater
management program to the public entity as provided in Section 5 of the act.
The North Carolina General Statutes grant municipalities the power to inspect development.
Specifically, Chapter 160A, Article 19 entitled "Planning and Regulation of Development"
grants authority through Part 5 to set up an inspection department and appoint inspectors such as
building inspectors, zoning inspectors or such other titles as may be generally descriptive of the
duties assigned. See N.C.G.S. § 160A411. The inspection department -and the inspectors will
enforce laws relating to, among other things, construction of buildings and other structures, the
maintenance of buildings and other structures in a safe, sanitary and healthful condition and
other matters that may be specified by the city council. In addition, a city's planning agency may
take enforcement in order to carry out plans. See N.C.G.S. § 160A-316.
The North Carolina General Statutes also grant municipalities police powers that are used to
protect the health, safety and welfare of the public. Cities have ordinance authority for pollution
that can include inspections specific to environmental enforcement officers. See N.C.G.S. §
160A-185.
Because a city is likely to be adopting ordinances under either its planning or police powers, the
city can add a requirement for illicit discharge and detection. The city may also condition
approvals upon the right of entry and inspection.
In the Extraterritorial Jurisdiction (ETJ), any power that the city exercises within its boundaries,
it may exercise in the ETJ. See N.C.G.S. § 160A-360(a). For areas where the city may want to
work under a county's program, the county may also exercise the powers at the request of the
city. See N.C.G.S. § 160A-360(d).
Response to Commcnu - Summary Page 1 of 14

Fiscal Note I
Comment
We request a fiscal note indicating costs to implement NPDES Phase lI permits for NC
communities similar in population to Carrboro.
Response
A fiscal note, indicating costs to implement NPDES Phase II permits for NC communities,
prepared by the Division of Water Quality, is available at:
NPDES Phase II permits are federal permits issued in accordance with federal regulations and
the Clean water Act. The US EPA previously complied an economic analysis of the Phase II
Rule. This document is references as Economic Analysis of the Final Phase II Stormwater Rule
(EPA 833-R-99-002, October 1999).
North Carolina has developed a fiscal note associated with the Environment Management
Commission's Phase II Stormwater rule making. This fiscal note relyed on the EPA analysis
related the NPDES permit and looked at additional cost associated with the implementation of
state rules that could potentially cover additional areas. The fiscal note is available at:
htto://h2o.enr.state.nc.us/sufNPDF,S Phase 11 Stormwater Program.htm
Respnn,se to Comments - Summary Page 2 of 14

Part I: Permit Coverage
Comment
Numerous comments were submitted regarding, "Discharges authorized under this permit shall
not cause or contribute to violations of water quality standards." Specifically the statement
creates a NPDES permit condition that is contrary to the Maximum Extent Practicable standards
set forth in the CWA.
Response
DWQ has revised the language to read, "The permit requires the development and proper
implementation of the Stormwater Management Plan. The purpose of the Stormwater
Management Plan is 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 Management Plan constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality standards,
through the expansion and tailoring of management measures within the scope of the Stormwater
Management Plan."
Comments
Part II, Section A, Paragraph 11, establishes procedures when a Total Maximum Daily Load
(TMDL) is approved for impaired streams. First we suggest that DWQ reconsider the TMDL
requirement in the stormwater permit at this time. The permit requires cities to identify all
known outfalls discharging pollutants of concern to the impaired stream or a tributary to the
impaired stream. It does not specify only outfalls within the MS4 jurisdiction. It seems to imply
that we must identify all outfalls regardless of whether it lies within our jurisdiction or not. We
do not have authority to identify outfalls outside of our jurisdiction and believe this requirement
should be limited to those outfalls within our jurisdiction. The implementing statute (SB 12I0)
does not require designation as a TMDL implementation plan until an entity is specifically
identified as a source of "pollutants for urban stormwater".
As a general comment, the above process may be appropriate in some cases, but may not be
suitable for all TMDLs. Formal implementation planning may be required for some TMDLs,
and these should not be implemented under this provision.
Part I, Permit Coverage indicates that the permit "covers activities associated with the discharge
of stormwater from the MS4 ..."The paragraph above requires the permittee to identify any
stormwater outfall.
North Carolina may be unique in the nation in that many cities own and operate only the
stormwater system that is on public property or within street rights -of -way. In many cases, the
Response to Comments - Summary Page 3 of 14

MS4 may subsequently discharge through a privately owned stormwater system, and the
associated outfall may be one that the permittee does not own and operate. The Division must
develop a strategy for addressing these differences.
This language appears to establish a new program implementation goal beyond the six minimum
measures required by federal rule.
Based on the EPA issued interpretive guidance for TMDL's dated August 1997, "reasonable
assurances" for achieving predominately non -point source load allocations may be sought using
incentive -based, non -regulatory or regulatory approaches... the primary implementation
mechanism may include the state, territory, or tribes Section 319 non -point source management
program coupled with state, local or federal land management programs. It is The City's opinion
that the TMDL monitoring plan requirement can and should be sought by DWQ through non -
regulatory cooperative approaches, and not through NPDES permit requirements.
Response
If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by
the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The
following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
identify the locations of all currently known MS4 outfalls within its jurisdictional area
with the potential of discharging the pollutant(s) of concern: to the impaired segments, to
their tributaries, and to segments and tributaries within the watershed contributing to the
impaired segments. The permittee shall also develop a schedule to discover and locate all
other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s)
of concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The
monitoring plan shall include the sample location by verbal description and latitude and
longitude coordinates, sample type, frequency, any seasonal considerations, and a
monitoring implementation schedule for each pollutant of concern. Where appropriate,
the permittee may reduce the monitoring burden by proposing to monitor outfalls that the
Division would consider substantially similar to other outfalls. The permittee may also
propose in -stream monitoring where it would complement the overall monitoring plan.
The monitoring plan shall be adjusted as additional outfalls are identified in accordance
with the schedule required in (a) above and as accumulating data may suggest.
(c) The permittee shall include the location of all currently known MS4 outfalls with the
potential of discharging the pollutant(s) of concern, the schedule for discovering and
locating currently unknown MS4 outfalls with the potential of discharging the
pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and
Response ro Comments - Summary Page 4 of 14

a S.
all part of the TMDL Water Quality Recovery Program) in the first Stormwater
Management Plan annual report due no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Management Plan annual report shall include
an assessment of the available data for each pollutant of concern, and an assessment of
the effectiveness of the BMPs employed, to determine what, if any, additional BMP
measures may be necessary to return the impaired segments to compliance with state
water quality standards. The permittee shall implement appropriate BMPs to control the
pollutant(s) of concern to the maximum extent practicable. Implementation of the
appropriate best management practices constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality Recovery
Program into the Stormwater Management Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area by
referencing the 2004 integrated 305(b) and 303(d) Report (or current version), available on the
website of the Division of Water Quality Modeling and TMDL Unit.
Response to Commrnrs • Summary Page 5 of 14

E
Part II Section E: Construction Site Runoff Controls
Comment
Several comments were submitted regarding public entities that currently have an approved
NCDENR Division of Land Resources Erosion and Sediment Control Program.
Response
Under 40 CFR Section 122.35 (a), the Phase 11 permittee has the option of relying on other
entities already performing one or more of the minimum control measures, provided that the
existing control measure, or component thereof, is at least as stringent as the Phase II rule
requirements. In such a case, the permittee would not need to implement the particular measure,
but would still be ultimately responsible for its effective implementation. For this reason, the
permittee should enter into a legally binding agreement with the other entity. If the permittee
chooses to rely on another entity, they must note this in their permit application and subsequent
reports. A Phase U permittee may even rely on another governmental entity regulated under the
NPDES storm water program to satisfy all of the permittee's permit obligations.
The permittee may rely on the NCDENR Division of Land Resources (DLR) Erosion and
Sediment Control Program, either as administered by the DLR, or as delegated by the
Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction. The
permittee may rely on the DLR program only to the extent that that program satisfies all of the
following BMPs:
➢ Construction site operators to implement erosion and sediment control BMPs and to
control construction site wastes that may cause adverse water quality impacts.
➢ Educational and training materials are provided for construction site operators.
➢ Procedures are established for construction plan reviews that incorporate water quality
considerations.
➢ Procedures are established and publicized for receipt and consideration of erosion and
sedimentation information submitted by the public. The procedures must lead directly to
a site inspection or other timely follow-up action.
➢ Procedures are established for site inspection and enforcement of control measure
requirements
Where the permittee relies on a local government (county) to comply with the Construction Site
Runoff Control the minimum measures will be modified by the following:
➢ The permittee shall conduct random inspections of local land disturbing activities that
have a sediment and erosion control permit, issued by local government, to see if the site
is in compliance.
➢ The permittee will monitor the local government program for effectiveness in the
permittee jurisdiction.
➢ Sites that are not in compliance with their sediment and erosion control permits will be
reported to the local government.
Retyonse to Comments - Summary Page 6 of 14

P
➢ Follow-up action by that local government will be monitored.
➢ The permittee will maintain a record of findings and follow-up procedures.
The permittee must 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.
Where permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and
Sediment Control Program to comply with this minimum measure the NCDENR Division of
Land Resources Erosion and Sediment 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.
This program includes procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment control practices,
review of site plans which incorporates consideration of potential water quality impacts, and
procedures for site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCGOIOOOO), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the
above requirements. The NCGOIOOOO 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.
The permittee must 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.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Response to Comments - Summary Page 7 of 14

Part Il Section F: Post -Construction Site Runoff Controls
Please note that the specific comments regarding Post -Construction were lengthy and a
more detailed summary of those comments are provided in Attachment A of the Complete
Response to Comments Document.
Comment
The draft permit does not protect water quality and cannot authorize discharges to any water
without violating the Clean Water Act...
Response
The Division of Water Quality designed the Phase II Stormwater Permits to provide the owner or
operator of small municipal separate storm sewer systems (MS4) local flexibility in selecting
BMPs to meet permit requirements including impaired water needing restoration, waters known
to be impaired by stormwater now or waters meriting additional protection due to sensitive
natural resources. Under the authority of Section 402(p) of the Clean Water Act and
implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-
215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit.
The permittee will develop and implement its approved Stormwater Plan in accordance with
Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the
provisions of this permit.
The permittee's Stormwater Plan will be implemented and managed such that the discharge of
pollutants from the MS4 is reduced to the maximum extent practicable. ` it is anticipated that in
order to meet this provision, implementation of the Stormwater Plan will occur with emphasis
given to priority areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
Permitted MS4s, subject to an approved TMDL, shall identify any stormwater outfalls that have
the potential of discharging the pollutant(s) of concern either to the impaired stream segment or
to a tributary of that stream segment and submit a monitoring plan for the pollutant(s) of concern
to the Division. Monitoring results will be used in determining whether additional BMPs are
needed to control the pollutant(s) of concern to the maximum extent practicable. If additional
BM -Ps are needed to achieve the required level of control, the permittee will be required to
submit a timetable for incorporation of those BMPs into the permitted stormwater program.
Response to Comments - Summary Pagc 8 of 14

Comment
Regarding comments on vested rights
Respqnse
Session Law 2004-163 shall not be construed to affect any vested right to development under any
provision of statutory or common law. To the extent that post -construction measures are
implemented by a zoning ordinance, vested rights shall be determined as provided in
G.S. 160A-385.1, G.S. 153A-344.1, and other applicable provisions of statutory and common
law. To the extent that post -construction measures are implemented by means other than a zoning
ordinance, vested rights shall be determined as provided by applicable,statutory and common
law. The Commission; the Department, local governments, and other public entities shall
implement this act in compliance with the applicable vested rights provisions of statutory and
common law.
Comment
Existing stormwater programs are deemed compliant with Phase II post -construction measures,
this violates the directive of Session Law 2004-163.
Response
Those areas, outside the 20 coastal counties, within the jurisdictional area of the pernuttee that
are already subject to the existing state stormwater management programs are deemed compliant
with the post -construction stormwater management model practices. For those areas within the
jurisdictional area of the permittee that are not subject to the post -construction stormwater
management provisions of another existing state stormwater management program, the
permittee's Post -construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the model practices. Public
bodies may also develop and implement comprehensive watershed protection plans that may be
used to meet part, or all, of the requirements for post -construction stormwater management.
Comment
Regarding comments for the potential to adversely affect federally -listed threatened and
endangered species.
Response
For those public entities that have the potential to adversely affect federally -listed threatened and
endangered species, the permit language in Part II Section A shall include the following
language, "Municipalities shall incorporate in their Stormwater Management Plan site -specific
stormwater management requirements for streams supporting federally -listed threatened and
endangered aquatic animal species required by site -specific management plans and schedules
developed under provisions of 15A NCAC 2B .0110. Certain waters provide habitat for
Response to Comments - Summary Page 9 o! 14

federally -listed aquatic animal species that are listed as threatened or endangered by the U.S.
Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the
Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and
recovery of the water quality conditions, required to sustain and recover federally listed
threatened and endangered aquatic animal species, contributes to the support and maintenance of
a balanced and indigenous community of aquatic organisms and thereby protects the biological
integrity of the waters."
Municipalities will also be incorporating in their Stormwater Management Plan site -specific
stormwater management best management practices under the six minimum measures that will
collectively address impacts from stormwater runoff for streams supporting federally -listed
threatened and endangered aquatic animal species.
Comment
Part 11 (F) (2) (d) establishes criteria to identify cluster development conditions on low density
projects at the time of plan review. Require that concentrated development areas be located in
upland areas and away from surface waters and drainage ways to the maximum extent
practicable. Require areas other than built -upon areas within the project remain in vegetated or
natural state, and that a maintenance agreement for the vegetated or natural area be filed with the
property deed. Require that built -upon areas, by design and location, minimize runoff impact on
the receiving waters, minimize concentrated flows, maximize the use of sheet flow through
vegetated areas, and maximize the length of flow through vegetated areas. "Require that
undeveloped areas..." — Some developments need improved, not impervious, recreational areas
that will not be left in their natural state. Property deed — Please show where the State can require
natural areas to be documented in the property deed.
Response
In addition to Session Law 2004-163, the authority to require natural areas to be documented in
the property deed comes from existing rules and statutes. Session Law 2004-163 requires new
development and redevelopment to comply with the standards set forth in the Stormwater
Management Rule and, more specifically, requires post -construction measures to meet or exceed
the model practices set out in the Stormwater Management Rule. Subsection (e) of the
Stormwater Management Rule states, "The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities maintain the development consistent
with the approved project plans." See Stormwater Management Rule, subsections (e)(iXA)(IV)
and (B)(V).
Comment
Several communities indicated that there is no nutrient sensitive water stormwater management
plan for the White Oak/New River Basin and therefore the City of Jacksonville has no
experience or knowledge of what this entails. What is expected beyond public education and
insuring awareness?
Response
Response to Commena - Summary Page 10 of 14

At a minimum the community must:
1. Develop a local ordinance to ensure that the best management practice for reducing
nutrient loading is selected and used for all development/redevelopment 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, and
2. Develop and implement a nutrient application (both inorganic fertilizer and organic
nutrients) management program.
The Division of Water Quality will advise and consult with communities in developing a local
ordinance and a nutrient application management program based in part on programs for the Tar -
Pamlico and Neuse River Basins.
Where NSW programs are currently in affect, existing minimum measures will be enforced.
Rrspanse to Commenrs • 5rmmary Page I 1 or 14

•
Part II (F) (2) M
Comment
Wilmington Permit No. NCS000406. Part II (F) (2) (f) "For projects within 1/2 mile of..." — What
about existing developed areas with flooding problems that were permitted under State storm
water requirements? What is the definition of the word "projects"? "...best practice for
reducing fecal coliiform loading is selected" — has the State established guidelines on this yet?
Response
DWQ anticipates that the best management practices for reducing fecal coliform will be
addressed in BMP manual.
Response to Comments - Summary Page 12 of 14

MONITORING
Please note that the specific comments regarding monitoring were lengthy and a more
detailed summary of those comments are provided in Attachment A of the Complete
Response to Comments document.
Comment
There is no mention in any written or published guidance of any quantitative water quality
monitoring requirement by Phase II communities during the first permit term. it has been further
clarified by DWQ through public meetings and phone conversations that no quantitative water
quality monitoring programs would be required during the first permit term. Specific monitoring
requirements are also listed or implied under Part IV (3) and Part, V, Section C items 1, 2, and 3.
The city request that reference to this language be removed from the final draft permits for Phase
II communities.
Response
Even though not specifically mandated in the rule, monitoring may be performed by the
permittee to implement provisions of the Stormwater Plan as appropriate to assess the
performance of the various management measures that are a part of the Stormwater Plan.
Opportunities for members of the public to participate in program development and
implementation include participating in volunteer monitoring efforts. Monitoring and sampling
conducted for or on behalf of the permittee should be reported if useful in further developing or
accessing the Stormwater Plan. Under the illicit discharge detection and elimination, the
permittee must develop, implement and enforce a program to detect an&eliminate illicit
discharges into the MS4. Even though not specifically mandated in the permit, monitoring may
very well be an integral part of.developing and enforcing the illicit discharge detection and
elimination program.
Implementation of best management practices consistent with the provisions of the storm water
management program constitutes compliance with the standard of reducing pollutants to the
"maximum extent practicable." While monitoring is not required under the rule, the NPDES
pernutting authority has the discretion to require monitoring if deemed necessary.
Permitted MS4s, subject to an approved TMDL, shall submit a monitoring plan for the
pollutant(s) of concern to the Division. The monitoring results will be used in determining
whether additional BMPs are needed to control the pollutant(s) of concern to the maximum
extent practicable.
Part VII, addresses the "administering and compliance monitoring fee" paid to the state as
"Permit Fee."
DWQ did make minor revisions to the existing language for clarification.
Response to Comments - Surmnary Page 13 of 14

ft
PART V Standard Conditions
Comment
Clemmons Permit NCS000410, Part V.A.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 143-215.3,143-215.6A, 143-215.613, 143-215.6C or Section
309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, even though the responsibility for effective compliance may be
temporarily suspended.... request DWQ remove responsibility for consequential damages.
Response
The permittee is responsible for consequential damages.
Response to Comments - Summary Page 14 of 14

�3.
FACMM:
CTTY:
COUNTY:
CCU"NTY IF-tEiVIISL NiTMgER
PER-NsTL NUMBER
Permit Information that Needs to be Incorporated into Future Permit Revisions: