Loading...
HomeMy WebLinkAboutNCS000416_OTHER_20120106STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT 0 APPLICATION ❑ QVOTHER DOC DATE ❑ ���a' � � � T YYYYMMDD Public Works Department 102 Totivn Hall Drive Town of Leland Leland, NC 28451 Phase: (910) 332-4652 Far: (910) 371-1073 January 6, 2012 Mike Randall Division of Water Quality Stormwater Permitting Unit Subject: Response to Notice of Violation NPDIIS Phase II Permit NCS000416 The Town of Leland received the Notice of Violation sent by your office for failing to apply for a permit renewal. 'this was an unintentional error on our behalf. Enclosed with this letter you will find an application for the renewal of our Phase lI permit and a copy of the Notice of Violation. Please let us know if this is satisfactory or if additional information is required. I apologize for any inconvenience this may have caused. Thank you, Steven Spruill Public Works Director Town o f Leland J4N s 2012 DENR- WATER OU41TY 4NO'MI STORMWATER 9RAKH A;A � NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Town Manager 102 Town Hail Drive Leland, North Carolina 28451-0102 Division of Water Quality Coleen R Sullins Director December 30, 201 1 Subject: Notice of Violation NPDES Phase 11 Permit NCS000416 Dee Freeman Secretary The Town of Leland's Phase if Stormwater Discharge Permit, NCS000416, expires February 28, 2012. The Town must submit a permit renewal application as are required no later than 180 days prior to the expiration date. 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. For your convenience 1 have attached hard copies of the application and the proposed draft permit. Additional information on the NPDES program is available for download at our web site at http://portal.ncdeiir.or�/web/wq/ws/su/phase2 Please submit the application by January 31, 2012. If you would also like to obtain an electronic application, a template for a Stormwater Management Plan, a sample annual report, and the proposed draft permit, or if you have any questions, please feel free to contact me at (919) 807-6374 or mike.randall uFnedenr.gov. cc: Central Files Stormwater Permitting Unit Files DWQ Wilmington Regional Office Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location 512 N. Salisbury St. Raleigh, Borth Carolina 27604 Ahene: 919-807.63001 FAX; 919-807.6494 l Customer Service: 1-877-623-6748 Internet: wtivw.ncwaterquality org An Equal Opportunity 1 Af<rmalive Action Employer Sincerely, Mike Randall Division of Water Quality Stormwater Permitting Unit One NofthCarolina Natul"R'tlly State of North Carolina OFFIC'USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES Stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Leland, North Carolina b. Ownership Status (federal, state or local _ Local 1"Oj� c. Type of Public Entity (city, town, county, prison, school, etc.) Town UU JAN 9 2012 . d. Federal Standard Industrial Classification Code BEI SIC 91 - 97 WMMDSAND STORMWATERBFtANt►� e. County(s) Brunswick f. Jurisdictional Area (square miles 20 g. Population Permanent 13621(NC oSBM estimate July 2010) Seasonal (if available) h. Ten-year Growth Rate 602.840/a (US census for 2000, NC OSBM estimate July 2010) i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 20 b. River Basin(s) Cape Fear c. Number of Primary Receiving Streams 5 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 27 • Commercial 6 • Industrial 1 • Open Space 66 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ® Yes ❑ No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑Yes ®No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑Yes ®No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ❑ Yes ® No b. If yes, identify each entity and the element they will be implementing • Name of Entity • Element they will implement • Contact Person • Contact Address • Contact Telephone Number c. Are legal agreements in place to establish responsibilities? ❑Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. 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. Signature Name David Hollis Title Town Manager Street Address 102 Town Hall Dr PO Box City Leland State NC Zip 28451 Telephone 910-371-0148 Fax 910-371-1073 E-Mail dhollis(-Otownofleland.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Steven Spruill b. Title Public Works Director c. Street Address 102 Town Hall Dr d. PO Box e. City Leland f. State NC g. Zip 28451 h. Telephone Number 910-332-4652 i. Fax Number 910-371-1073 j. E-Mail Address sspruill@townofleland.com Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste NA Management Program NA b. UIC program under SDWA c. NPDES Wastewater Discharge NA Permit Number d. Prevention of Significant NA Deterioration (PSD) Program NA e. Non Attainment Program f. National Emission Standards for NA Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the NA Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under Nationwide 199901562 & 199910563 (sanitary sewer section 404 of CWA Installation) X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. • Please use the latest BIMS Annual Report to satisfy the narrative. portion. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 SWU-264-103102 RK RCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Town Manager 102 Town Hall Drive Leland, North Carolina 28451-0102 Division of Water Quality Coleen H. Sullins Director December 30, 2011 Subject: Notice of Violation NPDES Phase II Permit NCS000416 Dee Freeman Secretary The Town of Leland's Phase 11 Stormwater Discharge Permit, NCS000416, expires February 28, 2012. The Town must submit a permit renewal application as are required no later than 180 days prior to the expiration date. 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. For your convenience I have attached hard copies of the application and the proposed draft permit. Additional information on the NPDES program is available for download at our web site at http://portal.nedenr.orvjweb/wq/ws/su/12hase2 Please submit the application by January 31, 2012, If you would also like to obtain an electronic application, a template for a Stormwater Management Plan, a sample annual report, and the proposed draft permit, or if you have any questions, please feel free to contact me at (919) 807-6374 or mike.randall amcdenr.gov. cc: Central Files Stormwater Permitting Unit Files DWQ Wilmington Regional Office Wetlands and Stormwater Branca 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location 512 N. Salisbury S1. Raleigh, North Carolina 27604 Phone: 919407-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 4 Affrmalive Acton Employer Sincerely, i� Mike Randall Division of Water Quality Stormwater Permitting Unit Nne orthCarolina Naturally �f11 A ]'� hlichacl I'. liaskcy. Uovcrnur William G. Ross Jr.. ,Scciclary North Carolina Deparmunt of Environment and Natural Recouices Aran �4', Klimek, I'. li. Director r Division of `yam Quality �] Coleen It. Sullins, Deputy Director Division of Wales Quality STAFF REVIEW AND EVALUATION NUDES Storni-,�ater Permit Facility Name: NUDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date): DOC:UMIENTS REVIEWED Town of Leland NCS0004 l 6 Town of Leland Municipal Separate Storm Sewer Systern The Brunswick River, Sturgeon Creek, Mill Creek. Jackey's Creek, Ricefield Creek, Stamper Branch, Black Gum Branch, and Belvedere Branch Cape fear River Basin SC. Sw, C See attached draft permit See Part V, Section A of the attached draft permit Not ,applicable Not applicable April 13, 2006 NPDLS Stormwater Permit Application form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 6, 2003 is sufficient to issue an Individual Stormwatcr Permit, Prepared by (Signature) - Date(/��L�� Sletrmwater and General Permits Supervise: Date )7%Zon-e Concurrence by Regional Office. �'��1 �'�1 `` 'iC-! ��� "�~ Date —t Water Quality Supervisor Date N. C, Division oS Ivaler Quali(V 1617 Mail Se: vice Center Raleigh, North Carolina 27699-1617 (919) 73 3-5093 ..A Ax.NCE}ENR Custorner Service 1-977-623-6748 \1,4 ]Tj Michael F. Easley, Governor 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director Division of Water Quality Q Y Coleen H. Sullins, Deputy Director Division of Water Quality February 17, 2006 Mr. David Hewett Leland Town Manager Town of Leland 102 Town Hall Drive Leland, North Carolina 28451 Subject: NPDES Permit Number NCS000416 Dear Mr. Hewett: Enclosed for your review and comment is the draft Phase 11 NPDES Stormwater Permit for the Town of Leland. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase II permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase 11 Permits and the existing State Coastal Stormwater Program could be completed. D.WQ has decided to move forward with drafting Phase II Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control'the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and. intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. - NCUENX N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 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. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc. Stormwater and General Permits Unit Wihnington Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000416 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the,Ndrtj`j!;arolina Management Commission, and the Federal Water Pollution Control Act, as amend( Town of Leland is hereby authorized to discharge skormwater from their muriicipahsepara'te storm sewer system located: within the Town of LelaridJurisdictional Area Brunswick W. ty y. to receiving waters, The Brunswick River, Sturgeofi'Creek, Mill Creek, Jackey's Creek, Ricefield Creek, Stamper Branch, Black Gum Branch, and Belvedere Branch, within the Cape Pear River basin in accordance with the discharge limitations, onitorig requirements, and other conditions set forth in Parts I, I1, LII, IV, V, VI, V1I and VIII hereof. ! This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000416 TABLE OF CONTENTS PART 1 PERMIT COVERAGE PART It FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICUIXT10N , SECTION D: ILLICIT DISCHARGE DETECTION AND �ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTRO,, SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD OUSEKEEPING FOR MUNICIPAL OPERATIONS Qti R'v .5 f'h PART III PROGRAM ASSESSMENTLLF''A PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 4 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 Vli ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS 0 PERMIT NO, NCS000416 a PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Leland is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, The Brunswick River, Sturgeon Creek, Mill Creek, Jackey's Creek, Ricefield Creek, Stamper Branch, Black Gum Branch, and Belvedere Branch, within the Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the pernttee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components�f the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Re qrh and,,any�.gp roved modifications. P g g p_ Y pp___ All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater,discharge or is covered by another permit, authorization, or approval. . This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule stand rd,o dinance, order, judgment, or decree. This permit covers activities associatQd Iith the discharge of stormwater from the MS4 within the jurisdictional area of the pernttee as"described in the approved local Stormwater Plan to if control potential pollution from the MS4rThc permit applies to current and future jurisdictional areas of the permittee, as well"as areasithat seek coverage under this permit through inter -local or other similar agreements with�pern-it ee. Agreements for coverage under this permit must be approved by the Division of Wate'err Quality, herein referred to as the Division. 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. 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 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. Part I Page 1 of 2 PERMIT NO, NCS000416 8. 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 NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: A ,0,0, water line flushing; landscape irrigation; diverted stream flows; rising groundwaters; uncontaminated groundwater infiltration; uncontaminated pumped groundwater; discharges from potable wateres;. foundation drains; air conditioning condensate (commercially irrigation waters (doesinoti-umclude�reclaim .0200); %III-0 springs; water from crawl _space pumps; footing drains; lawn watering; - residential and chari y ear washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; flows from emergency fire fighting. dential); water as described in 15A NCAC 2H The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. r Part I Page 2 of 2 PERMIT NO. NCS000416 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 reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisionsof he Stormwater Plan. The Jallpermittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities inraccorMaJ-i .,With the schedule outlined in the Stormwater Plan. 0-1, 2. The permittee's Stormwater Plan will be impler pollutants from the MS4 is reduced to the maxis order to meet this provision, implementation of given to priority areas and to management mea: efficient at varying stages of the plan's impler e The permittee will implement the maximum extent practicable, illici !ged such that the discharge of Ecable. It is anticipated that in Plan will occur with emphasis ms that are most effective and the Stormwater Plan to prohibit, to the spills and illegal dumping into the MS4. 4. The permittee will implement+provisions7 f the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater , a:. . Plan. This will include the pr . ns of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Page 1 of 10 PERMIT NO. NCS000416 SECTION B: PUBLIC EDUCATION AND OUTREACII 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce`or prevent stormwater pollution. 2. BMPs for Public Education and Outreach 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 modifi ation of8 ny goals. `�` 4� BMP>�Yr, s,�, '��.;..-'"'i" x - a- i a k i -rro '� r�3�t ""�: - tMeasurable Goals , �;t 1 e YR � ° IYR. YR s YRyYR' fc 1Sv,-'..0_2 . ''f ' si•�L. p r h ,}' "`Ce'� .rt �. s _ (a) Establish a Public Developpubblic�dd` .ccaatioF rogram and X X X X X Education and Outreach implement;within PZ:ffio/nths of the pen -nit Program �F:�y issue date %i�alncorporate outreach elements for significant minorityiand disadvantaged communities. (b) Informational Web Site Develop aiid`maintain internet web site. Post X X X X X newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material to appropriate target groups as likely homeowners, and/or to have a significant stormwater impact. businesses Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing -its own program. (d) Public education material Distribute written educational'inaterial to a X X X X dissemination broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Establish informational booths in accessible places. Possibilities include, the town hall, library, and area schools. (e) BMP fact Sheets Make available upon request, BMP fact X X X X Sheets and provide a list of available fact sheets in distributed materials. Page 2 of 10 PERMIT NO. NCS000416 �; ��� �,"• �' t BMPk'S'`'"i '�` 3 t 1 '� `� y�,�rr 1Vleasurablc Goals, �� jt� t, �? E. 5 �\'• � ��li„ Yr7'�i �5, }' 4q a ; YIt �.�' 1t I YR ` �� YR Y R{ �YR' •7�ti'� yi�`.i tit..�i F`f � �A. �'YF' � r �,i �� �� \Jf' � £ 3 n S .f �r ) 6�� Fi .. s`�3s!�,4 it 4 - ie w5t° (f) Public educators Select and train public educators to speek at X X X X schools and community meetings regarding stormwater water issues. (g) Media Coverage Local media will be used tfor press releases, X X X X X advertisement and public announcements. (h) Commercial Targets Work directly with commercial targets to X X X determine specific ways they can help eliminate pollution in stormwater runoff Page 3 of 10 PERMIT NO. NCS000416 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation .The permittee shall implement the following 13MPs to meet th oo�jecti e� .ofthePublic Involvement and Participation Program and shall notify the Division prlorJtoJ'modlficati_pn of any goals. Y�� ., ` ' BMP 7+ C:4 5 Ern '': yS�` SP ��r aMeasurable Gaals � EiEk 1."yy 4cy ,,}, , { C» '4 `'-.�ii_.�}�.q. T•-? 1jiR � YR YR« .YR YR WW 5 .4.�.'� ."M 1:. R Si'i 3:� - 4 S. " t,�.lWS- t'i_ f:...§+,.�L, � r _ r2 ,' (a) Administer a Public Develop and implement�a PutilicIiivolvement X X X X X Involvement Program and Participation ,gramf. (b) Public Meetings Hold open,publiaineetings t-bTdiscuss X X X X stormwate is es,,an(I)ordinances. Publize meetings suc Jhaat alFeconomic and ethinic groups will'havEthe opportunity to artici ate and o unteer. (c) Organize a volunteer Organize and implement a volunteer X X X X community involvement stormwaterrelated program designed to program promote ing citizen participation. Possibilities include, storm drain stenciling, stream cleanups, stream monitoring, neighborhood. coordinators and poster contests. Maintain a record of activities, participation, levels of participation and results. (d) Stormwater Steering Establish a Stormwater Steering Committee X X X X X Committee from groups of volunteers to discuss stormwater issues, make suggestions and contribute to the stormwater ordinance and the decision making process. (d) Stakeholders Meetings Hold forums or meetings with various X X X X X community segments to discuss specific, relevant stormwater issues. (d) Input Request Create a form, downloadable from the X X X X X website and available upon request for suggestions and reporting concerns. Publicize contacts. Page 4 of 10 PERMIT NO. NCS000416 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and (d) Develop a storm sewer system map showing all mit: (e) Inform employees, businesses, and the general publ discharges and improper disposal of waste. w, BMPs for Illicit Discharge Detection and Eli The permittee shall implement the following Detection and Elimination Program and shall A, N17. 4 waters receiving discharges. ards asociated with illegal objectives of the Illicit Discharge a prior to modification of any goals. uk;�fineasur ble. oafs �_::;t , � W-1 YRI `�YR t YR Y"�rn1��. (a) Develop/Implement Illicit Develop"and implement an Illicit Discharge X X X X X Discharge Detection and Detecton and fElimination Program. Include Elimination Program fin Ar provisions foriprogram assessment and EJ✓ evalt uation, (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges and authorities enforce the approved Illicit Discharge Detection and Elimination Pro am. (c) Develop a Storm Sewer Identify outfall locations and map storm water X X X X X System Map drainage system components. At a minimum, mapping components includes outfalls and receiving streams. (d) Identify Potential Beginning in Year 2, identify areas likely to X X X X Problem Areas receive illicit discharges and establish a schedule to monitor identified areas. (e) Individual Evaluation Determine what commercial, industrial or X X X development sites may need individual inspection and assistance. (f) Implement illicit Implement an inspection program to detect dry X X X discharge detection weather flows at system outfalls. Establish procedures procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority bapproved Illicit Discharge Program. (g) Conduct employee cross- Conduct training for municipal staff on X X X training detecting and reporting illicit discharges. Page 5 of 10 PERMIT NO. NCS000416 BMP �� w 4 v ' �G �� Measurakilek gals ,� ��}` ,YR "l'R WR 7 l"¢$ i �'PF. 1. �.. 2 rr� �. tS.t qr.- .. ,�?.., za:�x �3s�r3c y .�.�i�' R �. . _ �J (h) Public education Inform public employees, businesses, and the X X X X general public of hazards associated with illegal discharges and improper disposal of waste. (i) Establish a public Establish and publicize a reporting X X X X X reporting mechanism mechanism for the public to report illicit discharges. Create a form, downloadable from the website and available upon request for suggestions and reporting concerns Publicize contacts. track findings and;acins. (j) Eliminate Septic Service Removd septic systems from service by X X X X installing sanitary sewer collectioniin,all jurisdictional areas. (k) Recycling and Disposal Develop recycling pro grari f6 materials X X X such as used oil and household ch mcals. Schedule periodic dates for citizens to drop off items for rec clui anTor; ro er disposal. Page 6 of 10 PERMIT NO. NCS000416 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction 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. (b) Provide 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. (c) Establish requirements for construction site opera ors to con rol waste such as discarded FA G N �— building materials, concrete truck washout, chemicals, litterrand sanitary waste at the construction site that may cause adverse impact. to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMNio td6et tie objectives of the Construction Site JP Runoff Controls and shall notify the Division prior to modification of any goals. m h rsti BMP�,%n ti� ;� r� r fMeasurablesGoals�2,� r�,YR V � l�s J gYR 1� �,YR {YRY YR: 17,4 �ti Xa -5tlr m 4 r }3'�?" 'r ­.L F (a) Implement a program and Develop a regulatory mechanism and X X X X establish a regulatory implement a program requiring erosion and mechanism for erosion sediment controls at construction sites and and sediment control rovidi`ngTor sanctions to ensure compliance, (b) Develop requirements on Require construction site operators to X X X X construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality im acts. (c) Provide educational and New materials may be developed by the X X X X training materials for permittee, or the permittee may use materials construction site adopted from other programs and adapted to operators the permittec's construction runoff controls program. (d) Institute plan reviews Review construction plans and establish X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish inspection and Establish procedures for site inspection and X X X X enforcement procedures enforcement of control measure requirements. The procedures should include prioritizing areas of inspections based on local criteria. Page 7 of 10 PERMIT NO. NCS000416 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet'the 6lije'ctives of the Post -Construction Stormwater Management Program. BMP��' z � 1Vleasuralile Goa[sr �°_ _ iYR YR YRq YI uii sTa r2�3 xC4 SI. (a) Establish aPost- DeveIopfand adopt'rliy, ordinance (or similar X X X X X Construction Stormwater regulatorysixiechanism)�a.program to address Management Program stormwatevrunoff from new development and redevelopmentV lement and enforce the program within!2� months of the permit issue datefilhe ordinance must be reviewed and app ova d b'y the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies which Develop strategies that include a combination X X X X X include BMPs of structural and/or non-structural BMPs, appropriate for the MS4 Implement them within 24 months of the permit issue date. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to the X X X X X control the sources of maximum extent practicable. Develop an fecal coliform to the oversight program to ensure proper operation maximum extent and maintenance of on -site wastewater practicable treatment systems for domestic wastewater. Implement them within 24 months of the permit issue date. Municipalities must coordinate this program with the county health department. Page 8 of 10 PERMIT NO. NCS000416 3. Post -Construction Site Runoff Controls. (a) All development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall to the level specified in Paragraph (b) of this rule. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with the requirements of this Paragraph. (b) Structural stormwater controls required under criteria: meet the following (1) Remove an 85% average annual a,&mo'u ofT�al Suspended Solids. (2) For wet detention ponds draw down the,treatinent volume no faster than 48 hours, but no slower than 120j,{hours� fJ " 1P /..i (3) Discharge the storage volume at a rate.equal or less than the pre -development � �^+� �{ ;sue:: discharge rate for,the I-year;4-hour storm. (4) Meet the General'Engmeenng;Design Criteria set forth in 15A NCAC 214 .1008(c)." (c) For the purposes of this permit, a surface water shall be present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service ofcthe%nited States Department of Agiculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a). (d) The permittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (e) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural stormwater control measure annually to the local program. Page 9 of 10 PERMIT NO. NCS000416 SECTION G; POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS ' 1. Objective for Pollution Prevention and Good housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the-objieesof the Pollution Prevention x�A -�. and Good Housekeeping Program and shall notify the Division prior to:modification of any goals. M AE` eGoiYArF 4, I&YR',"+ YR� Yv.Ri $YR: tY.. lR 3`p rr� .":.r.. (a) Develop an operation and Develop an operation and,maintenanceY X XL X X maintenance program program that has the ultimate goal off hr- preventing or reducingg pollutantirunoff from munici al,o erations? (b) Inspection and evaluation Developfa'n"inventoi , of ali'facilities and X X X X X of facilities, operations, .., operations'dwhed and;operated by the and the MS4 system and t,.� New perme w itteith the,pofential for generating associated structural polluted stormwater runoff, including the BMPs. MS4 system and"associated structural BMPs. Insppotial sources of polluted runoff, gr the stnrmWater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for pollution X X X X prevention and good housekeeping procedures. k. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES stormwater regulated industrial permit owned and operated by the pennittee. activities Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow- up actions at the facilities. Page 10 of 10 PERMIT NO. NCS00041 b PART III PROGRAM ASSESSMENT 1. Implementation of the Stonmwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee =ly d of five years and made available to the Director or his authorized representative upon request. 2. The perinittee's Stormwater Plan will be reviewed and updated asinecessary, but at least on an annual basis. The penmittee will submit a report of this evaluation n'dLmonitoring information to NCWWl the Division on an annual basis. This information will be.submitted by date of each year and cover the previous year's activities from Date to Date. The permittee's reporting will include �� N-W appropriate information to accurately describe the progress, status, and results of the pennittee's Stonmwater Plan and will include, but is not limited to, thijollowing components: (a) The permittee will give a detailed descnptlon,of the status of implementation of the Stormwater Plan. This wilHnclude informatio on development and implementation of all components of the Stormwater Pla nfor the past year and schedules and plans for the �4 t year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. Th stwill include descriptions and supporting information for the tl.Vproposed changes anThoVthese changes will impact the Stonmwater Plan (results, effectiveness, implemen a ion 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 Stonnwater 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 year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 PERMIT NO. NCS000416 3 4 The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 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 corrective action 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. The Division may request ad and results of the permittee's Part III Page 2 of 2 ssess the progress PERMIT NO. NCS000416 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, s4ialec submitted to the following address: .�t .. Department of Environment and Nat-1 PResources Division of Water Quality a; Slormwater Permitting Emit 3- �r L 1617 Mail Service Center ., Raleigh, North Carolina 27699-1617 (b) All applications, rcports,,Or�information subi d to DWQ shall be signed by a principal executive officer, ranking`e1 cted~`offcial or duly authorized representative. A person is Wit' 3 a duly authorized rcpresentative.only (i) The authorizafion is mad'e`in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS000416 4. 5. 6. 7. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. Twenty-four Hour Reporting The permittee shall report to the central office or the approph ate regib6`1 office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the'tume the permittee became aware of the circumstances. A written submission shall also�be-provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description.of the noncompliance, and its causes; the AL C%P period of noncompliance, including=act=dates an&times, and if the noncompliance has not been �VN, - corrected, the anticipated time compliance 0expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence oftthe noncompliance. The Director may waive the �tten report on a case -by -case basis if the oral report has been received within 24 hours. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 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. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000416 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must 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. <r w (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`��.`A' (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 C61leetiontimprovement Act (31 U.S.C. §3701 note) (currently v� ;a•<N N`=X $27,500 per day for each violation). Any person who negligently violates any permit 0i, N,-.. & condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not -more thanll year, or both. Any person who knowingly violates permit conditions is subject t�criminal penalties of $5,000 to $50,000 per day of "BAR, 1 violation, or imprisomne 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,OOO per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 6 PERMIT NO, NCS000416 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215r,143-215.6A, 143-215.613, 'X„ 143-215.6C or Section 309 of the Federal Act, 33 USC 13=19. Furthermore the pennittee is responsible for consequential damages, such as fish kills''even-fhoughzthe responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the;iiistifution of any legal action or relieve the permittee from any responsibilities, liabilities, or or es to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Secti.on,3�11 of the Federal Act, 33 USC 1321. 3"Y 5. Property Rights The issuance of this permit does not conany 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, any 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. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this -permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than-4 years, or both. Part V Page 2 of 6 PERMIT NO. NCS000416 9. � Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified planned changes or anticipat, Part V Page 3 of 6 The notification of ition. PERMIT NO. NCS000416 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. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a necessary to halt or reduce tl condition of this permit. Part V Page 4 of 6 ie been with the PERMIT NO, NCS000416 SECTION C: MONITORING AND RECORDS 2. 3. 4. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the'Direeto Flow Measurements Where required, appropriate flow measurement scientific practices shall be selected and used to measurements of the volume of monitored disel - Test Procedures consistent with accepted and reliability of Test procedures for the analysis 6N�pollutaritsshall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq,;ahe ater an Air Quality Reporting Acts, and to regulations published pursuant to Sect ofM04(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and�Regulation 40 CFR 136. To meet the intent of the moiiitoririg"fequired by this permit, all test procedures must produce minimum detection and reporting and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 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 must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part V Page 5 of 6 PERMIT NO. NCS000416 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 shalt be available for public inspection at the offices of the Division of Water Quality. 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 143-215.68 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS00041 b 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 terrninating 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. Part VI Page 1 of 1 PERMIT NO. NCS000416 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000416 2 4 0 PART VIII DEFINITIONS Act See Clean Water Act. 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). A Fez°, Built -upon Area That portion of a development project that is covered surface including, but not limited to, buildings; paver lots, and paths; and recreation facilities such as ter ni: a wooden slatted deck, the water area of a swimming paving material to the extent that the paving material through the paving material. 41Y' 01 Clean Water Act The Federal Water Pollution amended, 33 USC 1251, et. s by impervious or partially impervious aen�)andgravel areas such as roads, parking ;,,VN ts'. "Built -upon area" does not include pool, or pervious or partially pervious absorbs water or allows water to infiltrate known as the Clean Water Act (CWA), as 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. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Part VIII Page 1 of 4 PERMIT NO. NCS000416 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample 11 12 13 An individual sample collected instantaneously. Grab Qualitatively monitored must be taken within the first Hazardous Substance Any substance designated in 40 CFR Part 116 Illicit Discharge Any discharge to a MS4 that is not to an NPDES permit (other than tl and discharges resulting from fire - Industrial Activity For the purposes of this in 40 CFR 122.26. ill be directly analyzed or 311 of the Clean Water Act. iely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 14. 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): i. 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. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part V1II Page 2 of 4 PERMIT NO. NCS000416 15. Non-stormwater Discharge Cate og ries The following are categories of non-stormwater discharges that the permittee must'address if it identifies them as significant contributors of pollutants (o 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 watey(discharges or flows from fire fighting activities are excluded from the definition of illicit�discli ra ge and only need to be addressed where they are identified as significant sources of pollutan}st�.,waters of the United States)." 16. Non-structural BMP Non-structural BMPs are preventive actions thaA�jilivoolvevma'nagement 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 wetlandsand riparian areas, maintain and/or ..; increase open space, provide buffers,along'aensitirV ater bodies, minimize impervious surfaces, and/or minimize disturbance of oils and vegetation; (2) policies or ordinances that encourage infill development in higher density urbZmareas, and areas with existing storm sewer 4 ..Y4 infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures suchr!as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source r "P* -�� control measures often thought;, o y as,good housekeeping, preventive maintenance and spill prevention. 17. Outfall -The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. 19. 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. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. Part VII1 Page 3 of 4 PERMIT NO. NCS00041 b 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) 1 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 stepsrnecessary to reduce pollutant loads in a certain body of water to restore and maintain w eraq ality)standards in all seasons. The Clean Water Act, Section 303, establishes the wate quality standar is and TMDL programs. 4 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of tl%lean Water Act. y i ' aI Part VIII Page 4 of 4 vlf ArF Nbchacl F' F�Islcy, Gno crnor 0 9pG William G. Russ Jr., Secretary North Carolina Deparunent of Envitonment and Ncmual Resource:s rAlan W. Klinfck, p. 1; Director Division of W,ucr Quality Q Culeen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Town of Leland NPDES Permit Number: NCS000416 Facility Location: Town of Leland Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: The Brunswick River, Sturgeon Creek, Mill Creek, Jackey's Creek, Ricefield Creek, Stamper Branch, Black Gum Branch, and Belvedere Branch River Basin: Cape Fear River Basin Stream Classification: SC, Sw, C Proposed Permit Requirements: See attached draft permit o Compliance Schedule: See Part V, Section A of the attached draft permit Cal M z ( n Basis for Monitoring: Not applicable P. Basis for Other Requirements: Not uuu applicable Response Requested by (Date): April 13, 2006 w� v c lJ�ll DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 6, 2003 is sufficient to issue an Individual Stormwaler Permit. Prepared by (Signature) Stormwater and General P Concurrence by Regional ( Water Quality Supervisor Date a, "&'-4zV�C Date �171zd'-L Date ,� U Dale N- C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 WKI NCDEN R Customer Service 1-877-623-6748 Regional Office Staff Comments Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11/6/2002 THE TOWN OF LEI -AND DAVID HEWETT, TOWN MANAGER 102 TOWN HALL DRIVE LELAND, NC 28451-0102 Subject: NPDES Phase II Stormwater Program r David Hewett: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase t stormwater program was promulgated under the Clean Water Act. Phase t relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 160,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff'. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. We are writing to you to remind you that the Town of Leland has been identified as being located within a census designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Leland does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is March 10, 2003, Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http:Ilh2o.enr.state.nc.us/sLt/stormwater.htm1. You may also contact us for hard copies of the documents. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, t5l Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Wilmington Regional Office gA NC 5TRk N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1-800.623-7748