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
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YRyYR'
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(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
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(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.
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(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.
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(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
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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
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(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.
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(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��'
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(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 "
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(3) Discharge the storage volume at a rate.equal or less than the pre -development
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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.
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(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
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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×, 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