NCS000422_FINAL PERMIT_20170227

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
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DOC TYPE
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PERMIT
❑ ANNUAL REPORT
0 APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

Energy, Min era! &
Land Resources
ENVIRONMENTAL QUALITY
February 27, 2017
Daniel Cordell
Town of Black Mountain
Building Inspector
160 Midland Avenue
Black Mountain, NC 28711
Subject: NPDES Permit Number NCS000422
Town of Black Mountain
Dear Mr. Cordell:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
RECEIVED
MAR 06 2Ui/
CENTRAL FILES
DWR SECTION
We are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between
North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently
amended).
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing
upon written request within thirty (30) days following receipt of this letter. This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -
7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect
the legal requirements to obtain other permits which may be required by the other State, Federal or Local
Agency.
If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-
807-6374 or mike.randallna ncdenngov.
Sincerely
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
cc: Mike Mitchell, EPA Region IV
Central Files
cc: Stormwater Permitting Files
DEQ Asheville Regional Office
Attachment
Nothing Compares,,
SState of North Carolina I Environmental Quality I Energy, Mineral and land Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27649.1612
919 707 9200

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT NO. NCS000422
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Black Mountain
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Black Mountain corporate limits
Buncombe County
to receiving waters, unnamed tributaries to Swannanoa River and unnamed tributary to North Fork and
South Fork, Swannanoa River, Tomahawk Branch and unnamed tributaries, Bryar Branch, Wolfpit
Branch, Laurel Branch, Camp Branch and unnamed tributary, Lynch Creek, Britton Creek, Flat Creek and
unnamed tributary, McCoy Cove, within the French Broad River Basin in accordance with the discharge
limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, VI, VII and
VIII hereof.
This permit shall become effective February 20, 2017.
This permit and the authorization to discharge shall expire at midnight on February 19, 2022.
Signed this day February 20, 2017.
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000422
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS'
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTION I: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
PART VI LIMITATIONS REOPENER
PART VH ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART Vlll DEFINITIONS
i

PERMIT NO. NCS000422
PART 1 PERMIT COVERAGE
A. During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Black Mountain is authorized to discharge stormwater from the municipal separate
storm sewer system (MS4) to receiving waters, unnamed tributaries to Swannanoa River and
unnamed tributary to North Fork and South Fork, Swannanoa River, Tomahawk Branch and
unnamed tributaries, Bryar Branch, Wolfpit Branch, Laurel Branch, Camp Branch and unnamed
tributary, Lynch Creek, Britton Creek, Flat Creek and unnamed tributary, McCoy Cove, within
the French Broad River Basin. Such discharge will be controlled, limited and monitored in
accordance with the pennittee's Stormwater Quality Management Program, herein referred to as
the Stormwater Plan. The Stormwater Plan shall detail the pennittee's stormwater management
program for the five-year term of the stormwater permit including, for each measure identified in
the permit, a narrative description of the program, a table that identifies each best management
practice (BMP) used, the frequency of the BMP, the measurable goals for each BMP, the
implementation schedule, funding and the responsible person or position for implementation.
B. All discharges authorized herein shall be 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.
C. This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
D. This permit covers activities associated with the discharge of stormwater from the MS4 owned
and operated by the pennittee within the corporate limits of the permittee. The permit applies to
the corporate limits of the permittee, as well as areas that seek coverage under this permit through
inter -local or other similar agreements with permittee. Agreements for coverage under this
permit shall be approved by the Division of Energy, Mineral, and Land Resources, herein referred
to as the Division.
E. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
F. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable
under State and local law, the permittee must develop and implement a Stormwater Plan in
accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit and with the provisions of the Clean Water Act. Compliance with the
six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute
compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
Part I Page 1 of 2

PERMIT NO. NCS000422
H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
1. Permitted by and in compliance with another permit, authorization, or approval, including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
2. Determined to be incidental non-stormwater flows'that do not significantly impact water
quality and may include:
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from firefighting activities.
3. The Division may require that non-stormwater flows of this type be controlled by
the permittee's Stormwater Plan.
I. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the
effective date of the permit.
Part 1 Page 2 of 2

PERMIT NO. NCS000422
PARTII FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to
determine implementation status and progression toward meeting the pollutant control intent of the
Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the
Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as
stringent as the annual review described herein. Voluntary assessments may be conducted by the local
government, another local government with and NPDES MS4 permit, or an independent third party and
shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas:
1. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented and
position(s) assignments provided.
The pennittee will implement provisions of the Stormwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the pennittee implements the six minimum control measures and the
discharges are determined to cause or contribute to non -attainment of'an applicable water quality
standard, to address the non -attainment, the permittee shall expand or better tailor its BM1's
within the scope of the six minimum control measures.
The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
or is informed by the Division that modifications are needed to address any procedural, protocol,
or programmatic change, such changes shall be made as soon as practicable, but not later than 90
days, unless an extension is approved by the Division. When it notifies the Division of proposed
modifications, the permittee will include an explanation and justification of the proposed changes.
The permittee shall provide at least 30 days for the Division to provide feedback on proposed
modifications. Major modifications to the Stormwater Plan shall not take effect until approved by
be submitted to the Director for approval.
4. The permittee is required to make available its Stormwater Plan to the Division upon request. The
permittee is required to keep an up-to-date version of its Stormwater Plan available to the
Division and the public online. At a minimum, the permittee The online materials shall include
ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other
regulatory mechanisms, providing the legal authority necessary to implement and enforce the
requirements of the permit.
5. The Division may review reports submitted by the permittee to assure that the
Stormwater Plan is implemented appropriately to address the requirements of the permit.
The Division may require modifications to any part of the pennittee's Stormwater Plan
where deficiencies are found. If modifications to the Stormwater Plan are necessary, the
Division will notify the permittee of the need to modify the Stormwater Plan to be
Part 11 Page 1 of 15

PERMIT NO. NCS000422
consistent with the permit and will establish a deadline to finalize such changes to the
program.
6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the
responsibility to implement the minimum control measures with other entities provided:
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
C. The other entity agrees to implements the control measure on behalf of the MS4.
Unless implemented by the State or where delegated by the state, the permittee remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures shall
identify specific action steps, schedules, resources and responsibilities for implementing the six
minimum measures. Written procedures can be free standing, or where appropriate, integrated
into the Storm Water Management Plan.
Part 11 Page 2 of 15

PERMIT NO. NCS000422
SECTION B: PUBLIC EDUCATION AND OUTREACH
Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities about the impacts of storm water discharges on water bodies and the steps the
public can take to reduce pollutants in storm water runoff.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Education
and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
a. Goals and Objectives
Defined goals and objectives of the Local Public Education and
Outreach Program based on community wide issues.
b. Describe target pollutants
The permittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall maintain a description of the target
audiences likely to have significant storm water impacts and
why they were selected.
d. Describe residential and
The permittee shall describe issues, such as pollutants, the
industrial/commercial issues
sources of those pollutants, impacts, and the physical attributes
of stormwater runoff, in their education/outreach program.
e. Informational Web Site
The permittee shall promote and maintain an internet web site
designed to convey the program's message.
f. Distribute public education
The permittee shall distribute, assess and update as necessary
materials to identified target
stormwater educational material to appropriate target groups.
audiences and user groups. For
Instead of developing its own materials, the permittee may rely
example, schools, homeowners,
on Public Education and Outreach materials supplied by the
and/or businesses.
state, and/or other entities through a cooperative agreement, as
available, when implementing its own program.
g. Maintain Hotline/Help line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and
outreach.
h. Implement a Public Education
The permittee's outreach program, including those elements
and Outreach Program.
implemented locally or through a cooperative agreement, shall
include a combination of approaches that are most effective at
reaching the identified target audiences based on data and
information collected by the permittee. For each media, event or
activity, including those elements implemented locally or
through a cooperative agreement measure and record the extent
of exposure.
Part II Page 3 of 15

PERMIT NO, NCS000422
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
Comply with State and local public notice requirements when implementing a public involvement
and participation program.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The permittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program.
c. Hotline/Help line
The permittee shall promote and maintain a hotline/ helpline for
the purpose of public involvement and participation.
Part 11 Page 4 of 15

PERMIT NO. NCS000422
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
1. Objectives for Illicit Discharge Detection and Elimination
a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4.
b. Maintain a storm sewer system map, showing the location of all major outfalls and the
names and location of all waters of the United States that receive discharges from those
outfalls;
C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges
except as allowed in this permit and implement appropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm water discharges, including illegal
dumping, to the MS4;
e. Inform public employees, businesses, and the general public of hazards'associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non -storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to the MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, charity car washes, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or
flows from firefighting activities are excluded from the effective prohibition against non -
storm water and need only be addressed where they are identified as significant sources
of pollutants to waters of the United States).
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior.to modification of any
goals.
BMP
Measurable Goals
Maintain an Illicit Discharge
Maintain a written Illicit Discharge Detection and Elimination
Detection and Elimination
Program, including provisions for program assessment and
Program
evaluation and integrating program.
Maintain adequate legal authorities
The permittee shall maintain an IDDE ordinances or other
regulatory mechanisms that provides the legal authority to
prohibit illicit connections and discharges.
Maintain a Storm Sewer System
The permittee shall maintain a current a map showing major
Map of Major Outfalls.
outfalls and receiving streams.
Implement a program to detect dry
The permittee shall maintain a program for conducting dry
weather flows
weather flow field observations in accordance with written
procedures.
Part 11 Page 5 of 15

PERMIT NO. NCS000422
BMP
Measurable. Goals
Investigate sources of identified
The permittee shall maintain written procedures for
illicit discharges.
conducting investigations of identified illicit discharges.
Track and document investigations
For each case the permittee shall track and document 1) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up of the investigation; and 4) the
date the investigation was closed.
Provide Employee Training
The permittee shall implement and document a training
program for appropriate municipal staff, who as part of their
normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection.
Provide Public Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
and improper disposal of waste.
Provide a public reporting
The permittee shall promote, publicize, and facilitate a
mechanism
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
Enforcement of the IDDE
The permittee shall implement a mechanism to track the
ordinance
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to identify chronic violators for initiation of actions
to reduce noncompliance.
Part II Page 6 of 15

PERMIT NO. NCS000422
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
l . Pursuant to 40 CFR 122.35(b), the permittee may rely on the Buncombe County Sediment and
Erosion Control Program to comply with this minimum measure. The Buncombe County Sediment
and Erosion Control Program effectively meets the maximum extent practicable (MEP) standard for
Construction Site Runoff Controls by permitting and controlling development activities disturbing
one or more acres of land surface and those activities less than one acre that are part of a larger
common plan of development as authorized under the Sediment Pollution Control Act of 1973 and
Chapter 4 of Title 15A of the North Carolina Administrative Code, The Buncombe County Sediment
and Erosion Control Program continues to be monitored by the State to ensure the County effectively
meets the MEP standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of
Title 15A of the North Carolina Administrative Code.
2. The NCG010000 permit, as administered by the State, establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout, chemicals,
litter, and sanitary waste at the construction site that may cause adverse impacts to water quality.
The permittee shall provide and promote a means for the public to notify the appropriate authorities
of observed erosion and sedimentation problems. The permittee may implement a plan promoting the
existence of the North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of
Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph.
Part 11 Page 7 of 15

PERMIT NO. NCS000422
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
a. Implement and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre, including
projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the small MS4. The program shall ensure that controls.are in place that
would prevent or minimize water quality impacts.
b. Implement strategies which include a combination of structural Stormwater Control
Measures (SCM) and/or non-structural best management practices (BMPs) appropriate
for the community;
C. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of SCMs.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the permittee as approved by the
Division, the post -construction ordinances shall apply with regard to permit compliance.
BMP Measurable Goals
a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program.
The permittee shall have the authority to review designs and
proposals for new development and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
The permittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other information deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for the purpose of inspecting at reasonable times any
facilities, equipment, practices, or operations related to
stormwater discharges to determine whether there is
compliance the Post -Construction Stormwater Management
Program.
Part 11 Page 8 of 15

PERMIT NO. NCS000422
BMP
Measurable Goals
b. Strategies which include
Strategies which include Stormwater Control Measures
Stormwater Control Measures
(SCMs) appropriate for the MS4, include, but are not limited
(SCMs) appropriate for the MS4
to compliance with 15A NCAC 0214 Section .1000
effectively meets the Post -construction Stormwater Runoff
control requirements.
c. Plan reviews
The permittee shall conduct site plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards and how the
project will ensure long -tern maintenance
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stormwater control measures
control measures
installed and implemented at new development and
redeveloped sites, including both public and private sector
sites located within the pennittee's'corporate limits that are
covered by its post -construction ordinance requirements.
e. Deed Restrictions and Protective
The permittee shall provide mechanisms such as recorded
Covenants
deed restrictions and protective covenants that ensure
development activities will maintain the project consistent
with approved plans.
f. Provide a mechanism to require
The pennittee shall implement or require an operation and
long-term operation and
maintenance plan for the long-term operation of the SCMs
maintenance of Stormwater Control
required by the program. The operation and maintenance
Measures (SCMs).
plan shall require the owner of each SCM to perform and
maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs shall be
performed by a qualified professional.
g. Inspections
To ensure that all stormwater control measures are being
maintained pursuant to its maintenance agreement, the
permittee shall conduct and document inspections of each
project site covered under performance standards, at least one
time during the permit term.
Before issuing a certificate of occupancy, certificate of
occupancy, the permittee shall conduct a post -construction
inspection to verify that the permittee's performance
standards have been met or a bond is in place to guarantee
completion.
The permittee shall document and maintain records of
inspection findings and enforcement actions and make them
available for review by the permitting authority.
Part 11 Page 9 of 15

PERMIT NO. NCS000422
BMP Measurable Goals
h. Educational materials and training The permittee shall make available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittec may use
materials adopted from other programs and adapted to the
permittee's new development and redevelopment program.
i. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions. This mechanism shall include the
ability to identify chronic violators for initiation of actions to
reduce noncompliance.
3. Post -construction Stormwater Runoff Controls for New Development
a. In order to fulfill the post -construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its
own comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure required by 40 Code of Federal
Regulations § 122.34(b)(5) (I July 2003 Edition).
b. The permittee shall meet the requirements of the post -construction program for
construction projects that are performed by, or under contract for, the permittee. To meet
this requirement, the pennittee may either develop the necessary requirements for post -
construction controls that will pertain to their own projects, or develop procedures to
ensure that the permittee meets these requirements by complying with another entity's
Phase 11 Stormwater Management Programs for post -construction. If the permittee
decides to rely on another program for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Program that the permittee
will fully comply with the requirements of the second party's post -construction programs.
Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters,
permittees, delegated programs, and regulated entities must use stormwater control
measures (SCMs) that reduce nutrient loading in order to meet local program
requirements, while still incorporating the stormwater controls required for the project's
density level. Documentation shall be provided where it is not feasible to use
stormwater control measures (SCMs) that reduce nutrient loading. In areas where the
Department has approved a Nutrient Sensitive Water Urban Stormwater Management
Program, the provisions of that program fulfill the nutrient loading reduction
requirement.
The design volume of SCMs shall take into account the runoff at build out from all
surfaces draining to the system. Where streets "convey' stormwater, all SCM shall be
sized to treat and control stormwater runoff from all surfaces draining to the SCM
including streets, driveways, and other impervious surfaces.
Part 11 Page 10 of 15

PERMIT NO. NCS000422
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Implement an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
BMP
Measurable Goals
a. Inventory of municipally
The permittee shall maintain a current inventory of facilities and
owned or operated facilities
operations owned and operated by the permittee with the potential
for generating polluted stormwater runoff.
b. Operation and Maintenance
The permittee shall maintain and implement, evaluate annually
(O&M) for municipally owned
and update as necessary an Operation and Maintenance (O&M)
or operated facilities
program for municipal owned and operated facilities with the
potential for generating polluted stormwater runoff. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures
The permittee shall have written spill response procedures for
municipal operations for municipally owned or operated facilities.
d. Streets, roads, and public
The permittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff from municipally -owned
streets, roads, and public parking lots within their corporate limits.
The permitte must evaluate the effectiveness of these BMPs based
on cost and -the estimated quantity of pollutants removed.
f. Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -
the stormwater sewer system including catch basins and
owned or maintained catch
conveyance systems that it owns and maintains.
basins and conveyance systems
h. Identify structural stormwater
The permittee shall maintain a current inventory of municipally -
controls
owned or operated structural stormwater controls installed for
compliance with the permittee's post -construction ordinance.
Part 11 Page 1 1 of 15

PERMIT NO. NCS000422
BMP.
Measurable Goals
i. O&M for municipally -owned
The permittee shall maintain and implement an O&M program for
or maintained structural
municipally -owned or maintained structural stormwater controls
stormwater controls
installed for compliance with the permittee's post -construction
ordinance.
The O&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittee shall inspect and maintain municipally -owned or
maintained structural stormwater controls in accordance with the
schedule developed by permittee. The permittee shall document
inspections and maintenance of all municipally -owned or
maintained structural stormwater controls.
j. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures for applicators are followed.
k. Staff training
The permittee shall develop and implement an employee training
program for employees involved in implementing pollution
prevention and good housekeeping practices.
1. Prevent or Minimize
The permittee shall describe measures that prevent or minimize
Contamination of Stormwater
contamination of the stormwater runoff from all areas used for
Runoff from all areas used for
vehicle and equipment cleaning.
Vehicle and Equipment
Cleaning
Part 11 Page 12 of 15

PERMIT NO. NCS000422
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs)
Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of
concern in accordance with approved Waste Load Allocation (WLAs) assigned to
stormwater in an approved TMDL.
2. The Permittee shall comply with the requirements of an approved TMDL.
Within 12 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.
4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.
Within 36 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of activities expected to occur and when the activities are expected
to occur.
If there was no storm water waste load allocation in the TMDL, in lieu of developing a
Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or
expand BMPs within the scope of the six minimum measures to enhance water quality
recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwater
Management Plan and annual reports.
Part II Page 13 of 15

PERMIT NO. NCS000422
SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S.143-215.1(b)]
1. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015. These federal regulations require electronic submittal of all MS4 program reports by no
later than December 21, 2020, and specify that, if a state does not establish a system to receive
such submittals, then permittees must submit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
This special condition supplements or supersedes the following sections within Part IV of this
permit (Reporting and Record Keeping Requirements):
• Paragraph 1. Records
• Paragraph 3. Annual Reporting
• Paragraph 8. Report Submittals
3. Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)]
Starting on December 21, 2020, the permittee shall electronically report the following compliance
monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III
2., Program Assessment annual report)
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
4. Electronic Submissions [Supplements Part IV, Paragraph 8.]
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use EPA's website resources to identify
the initial recipient for electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at: https://www.epa.gov/compliance/final-national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittee must electronically submit MS4 annual program reports no later than the
15"' of the month following the completed reporting period. The permittee must sign and certify
all electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this
permit.
Part II Page 14 of 15

PERMIT NO. NCS000422
How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers moist be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the'Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
http://dcq.nc.gov/about/divisions/water-resources/ediiir
b. Records Retention [Supplements Part IV, Paragraph 1.]
The permittee shall retain records of all Program Assessment annual reports, including electronic
submissions. 'These records or copies shall be maintained for a period of at least 3 years from the date
of the report. This period may be extended by request of the Director at any time [40 CpR 122.41 ].
Part 11 Page 15 of 15

PERM IT NO. NCS000422
PART III PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Permittee's Stormwater Plan.
A. Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative upon request.
B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness to the maximum extent practicable. The permittee shall develop and implement a
plan and schedule to address the identified modifications and improvements. The permittee must
submit annual reports to the Department within twelve months from the effective date of this
permit. Subsequent annual reports must be submitted every twelve months from the scheduled
date of the first submittal. Annual reports that include appropriate information to accurately
describe the progress, status, and results of the permittee's Stormwater Plan and will include, but
is not limited to, the following components:
I . The permittee will give a detailed description of the status of implementation of the
Stormwater Plan as a whole. This will include information on development and
implementation of each major component of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
2. The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for the
proposed changes and how these changes will impact the Stormwater Plan (results,
effectiveness, implementation schedule, etc.).
3. The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
4. The permittee will include a summary of data accumulated as -part of the Stormwatcr Plan
throughout the year along with an assessment of what the data indicates in light of the
Stormwater Plan.
5. The annual report shall include an assessment of compliance with the permit, information
on the establishment of appropriate legal authorities, inspections, and enforcement
actions.
C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part IV, Paragraph 7
(e) to the Director that the changes have been made. Nothing in this paragraph shall be construed
to limit the Director's ability to conduct enforcement actions for violations of this permit.
D. The Division may request additional reporting information as necessary to evaluate the progress
and results of the permittee's Stormwater Plan.
Part 111 Page I of 1

PERMIT NO. NCS000422
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis. The
annual report shall document:
a. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
C. Planned activities and changes for the next reporting period, for each program
component or activity.
d. Fiscal analysis.
2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements
satisfy the annual reporting requirements of this permit to the extent that the reports
satisfy Part 111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section 1,
Electronic Reporting [g.s. 143-215,1(b)] of this permit
3. Completion and submittal of the reporting information contained within the online BIMS
Stormwater Management Program Assessment (SMPA) satisfy Part I11, paragraph B 1-5,
Part IV, paragraph B 3 (c) and Part 11 Section 1, Electronic Reporting [g.s. 143-215.1(b)]
of this permit through 2020.
4. Posting the results on the permittee website of the assessment process as established by
the Stormwater Association of North Carolina (SWANC), NC APWA and their partners
as conducted by another local government, a third party, or a self -assessment, satisfy Part
III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part II Section I, Electronic
Reporting [g.s. 143-215.1(b)] of this permit.
C. Twenty-four Hour Reporting
The permittee shall report to.the Division any noncompliance that may constitute an imminent
threat to health or the environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes, the
period of noncompliance and if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting information on a more frequent basis as deemed
Part IV Page 1 of 2

PERMIT NO. NCS000422
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
E. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
E. Planned Changes
The permittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan; or where the modification could significantly change the timeframe for implementation of
parts of the program or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
All applications, reports, or information, other than those submitted electronically, shall
be signed by a principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
a. The authorization is made in writing by a principal executive officer or ranking
elected official;
b. The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stormwater
matters; and
C. The written authorization is submitted to the Director.
Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
Part IV Page 2 of 2

PERMIT NO. NCS000422
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.
a. The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$37,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
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
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per violation, with the maximum amount of any Class 1 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 11 penalty not to exceed $137,500).
Part V Page 1 of 5

PERMIT NO. NCS000422
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 5

PERMIT NO. NCS000422
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, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any discharge that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a
review of the Stormwater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
Part V Page 3 of 5

PERMIT NO. NCS000422
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 5

PERMIT NO. NCS000422
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
1. 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;
Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the permittee.
2. 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 shal l
be available for public inspection at the offices of the Division of Energy, Mineral, and Land
Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the
Federal Act.
Part V Page 5 of 5

PERMIT NO. NCS000422
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of 1

PERMIT NO. NCS000422
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H
.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of 1

PERMIT NO. NCS000422
PART Vlll DEFINITIONS
Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
3. Built -upon Area
"Built -upon area" or "BUA" has the same meaning as in C.S. 143-214.7.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts,
permit application, zoning request, or computer design) or physical demarcation (including but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
It can include one operator or many operators.
6. De_ artment
Department means the North Carolina Department of Environmental Quality.
7. Division DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
Part V11I Page 1 of 5

PERMIT NO. NCS000422
9. EMC
The North Carolina Environmental Management Commission.
10. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
11. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
(a) Located in an incorporated place with a population of 100,000 or more as determined by
the Decennial Census by the Bureau of Census; or
(b) Located in the counties with unincorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b)
and that are designated by the Director as part of the large or medium separate storm
sewer system.
13. Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major outfall') means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
14. MEP
MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says
that "Compliance with the conditions of the general permit and the series of steps
associated with identification and implementation of the minimum control measures will
satisfy the MEP standard." Minimum control measures are defined in the Federal
Register as (1) public education and outreach, (2) public participation/involvement, (3)
illicit discharge detection and elimination, (4) construction site runoff control, (5) post -
construction runoff control, and (6) pollution prevention/good housekeeping.
Part VIII Page 2 of 5

PERMIT NO. NCS000422
15. Minimum Desij4n Criteria (MDC)
"Minimum Design Criteria" or "MDC' means the requirements set forth in 15A NCAC 02H .1050
through 15A NCAC 02H .1062 for siting, site preparation, design and construction, and post -
construction monitoring and evaluation necessary for the Department to issue stormwater permits that
comply with State water quality standards adopted pursuant to G.S. 143-214.1.
16. Municipal Separate Storm Sewer System(MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
17. Non-stormwater Discharge Cate *orics
The following are categories of non-stormwater discharges that the permittee shall address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting activities are excluded from,the definition of illicit discharge and only need to
be addressed where they are identified as significant sources of pollutants to waters of the United
States).
18. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
Part VIII Page 3 of 5

PERMIT NO. NCS000422
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
19. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
20. Permittee
The owner or operator issued this permit.
21. 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.
22. Redevelopment
"Redevelopment" has the same meaning as in G.S. 143-214.7.
23. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
24. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
25. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
Part VIII Page 4 of 5

PERMIT NO. NCS000422
26, Stormwater Control Measures (SCM)
"Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a
permanent structural device that is designed, constructed, and maintained to remove pollutants from
stormwater runoff by promoting settling; or filtration; or to mimic the naturalhydrologic cycle by
promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination
thereof.
27. Stormwater Management Program (SWMP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase 11 regulations to be developed by MS4
permittees.
28. Stormwater Plan
The Stor nwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stormwater management
program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
30. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs,
Part VIII Page 5 of 5

NCDENR-.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
June 22, 2005
Anthony Caudle, Town Manager
102 Montreat Road
Black Mountain, North Carolina 28711
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NPDES Permit Number NCS000422
Buncombe County, Town of Black Mountain
Dear Mr. Caudle;
In accordance with your application for a stormwater discharge pen -nit received onMarch
10, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General' Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
. Numerous comments were received during the public comment period. The attached
document summarizes comments regarded by DWQ as the foremost and DWQ's response to
those comments. You may review all the comments and response to comments at:
http://h2o.enr.state. nc.uslsu/NPDES _Phase _I1 Stormwater Prograrri.htm
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this
decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
None
rthCarolina
Naturally

If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Regional Office

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000422
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Town of Black Mountain
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Black Mountain Jurisdictional Area
Buncombe County
to receiving waters, unnamed tributaries to Swannanoa River and unnamed tributary to North
Fork and South Fork, Swannanoa River, Tomahawk Branch and unnamed tributaries, Bryar
Branch, Wolfpit Branch, Laurel Branch, Camp Branch and unnamed tributary, Lynch Creek,
Britton Creek, Flat Creek and unnamed tributary, McCoy Cove, within the French Broad River
basin in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective July 1, 2005.
This permit and the authorization to discharge shall expire at midnight on June 30, 2010.
Signed this day June 22, 2005.
Pt,*
Alan W. Mimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS

PERMIT NO. NCS000422
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Black Mountain is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters, unnamed tributaries to
Swannanoa River and unnamed tributary to North Fork and South Fork, Swannanoa
River, Tomahawk Branch and unnamed tributaries, Bryar Branch. Wolfpit Branch, Laurel
Branch, Camp Branch and unnamed tributary, Lynch Creek, Britton Creek, Flat Creek
and unnamed tributary, McCoy Cove, within the French Broad River basin. Such
discharge will be controlled, limited and monitored in accordance with the permittee's
Comprehensive Stormwater Management Program Report, herein referred to as the
Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase Ll
Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit
Application Comprehensive Stormwater Management Program Report and any approved
modifications.
2. 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.
3. This permit does not relieve the permittee from responsibility'foc compliance with any
other applicable federal, state, or local law, rule, standard; ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee and surrounding areas as described in the
approved local Stormwater Plan to control potential pollution from the MS4. The permit
applies to current and future jurisdictional areas of the permittee, ;as well as areas that
seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
b. 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.
Part i Page 1 of 2

PERK TI' NO. NCS000422
7. 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.
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:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000422
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 mechanisms, such as regulations,
ordinances, policies and -procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan,
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum,extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal 'dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions 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.
7. 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 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.
Part 11 Page 1 of 1 1

PERMIT NO. NCS000422
9. The perrnittee 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.
Part II Page 2 of I 1

PERMIT NO. NCS000422
SECTION B: PUBLIC EDUCATION AND OUTREACH
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 modification of any goals.
BMP
Measurable Goals !
YR
YR'
YR
YR
'YR.
i
I
2
3
4
5
(a) Establish a Public
Develop a public education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements,
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
Post 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
X
materials for
material targeting homeowners and/or
homeowners, and/or
businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
X
material dissemination
mailouts, at special events, and at high
traffic businesses.
Part H Page 3 of 1 l

PERMIT NO. NCS000422
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable state.and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BNlPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
BMP -
Measurable Goals
YR'
" YR
YR
YR .
- YR
2
_3.
(a) Administer a Public
Conduct at least one public meeting to
X
involvement Program
allow the public an opportunity to review
and comment on the Stormwater Plan.
(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(c) Establish a Citizens'
Develop or maintain an existing citizens'
X
X
X
X
X
Group(s)
group(s) for input on stormwater issues
and the stormwater program.
Part IT Page 4 of I l

PERMIT NO. NCS000422
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 actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
Mecaisuu
;
y YYR
,tt' YRw
R
�y
�C< Y1R
` K
y%
3
ikYM M
.�,
(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
X
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Complete identification, locations of and
X
X
X
X
X
System Base Map
mapping of stormwater drainage system
components. At a minimum, mapping
components includes outfalls, drainage
areas, and receivin streams.
(d) Implement illicit
Implement an inspection program to
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish 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
basis per approved Illicit Discharge
Pro ram.
Part U Page 5 of 1 1

PERMIT NO. NCS000422
BIVIP
` ° `p' Measurable Goals
YR
`YR
YR ¢
YR
YR
x.+s ! J -5-" a o Y"'E. "x--�. r fi 2
q 'i`,r - "6'iMls'' I t
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X_
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of I 1

PERMIT NO. NCS000422
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 operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The NCDENR Division of Land Resources Erosion and Sediment Control Program effectively
meets the above requirements by permitting and controlling development activities disturbing
one or more acres of land surface and those activities less than one acre that are part of a larger
common plan of development. This program is authorized under the Sediment pollution Control
Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This
program includes procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control practices,
review of site plans which incorporates consideration of potential water quality impacts, and
procedures for site inspection and enforcement of control measures. The Division of Land
Resources may delegate this program to the Town of Black Mountain for implementation.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Part I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The Town of Black Mountain must provide and promote a means for the public to notify the
appropriate authorities of observed erosion and sedimentation problems. The Town of Black
Mountain may implement a plan promoting the existence of the NCDENR, Division of Land
Resources "Stop Mud" hotline to meet the requirements of this section. '
Part II Page 7 of I 1

PERMIT NO. NCS000422
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stornnwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The pern-uttee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
BMP a �
°'� ,�, 3 "_1
' ..a
aI NS .Mi�asurabie Goals= =x Y
''£-_ f
YR
YR
YR
W"
;YRE
.',
-'-! °2.i ' 3s r'"i�'
raga
'ac a4 K i`k�,y. s r * ';`�'& ry. ^. '-�
k
Via"%
. ai'= �-ys�::.'`.�-..ra,
4a
:—--=°�.rsur,..:r.s,<_ <..h.. F.,.�-=r.��:.-.�-t':_a
n
�a.:'1.'�„
J3.._�3
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address Stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Ensure adequate
MS4
long-term operation and maintenance of
structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified
rofessional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part II Page 8 of 1 l

PERMIT NO. NCS000422
d` BMP r .
Measurable Goals i
rk r*i � � �- • O � �}
Y
�N9�1
YR
a 3 .
Y R
r �
Y�R �
YR,
,.
.} r � •,.-:
(d) Establish trout waters
Develop, adopt, and implement an
X
X
X
X
(Tr) protection
ordinance (or similar regulatory
measures (for programs
mechanism) to ensure that the best
with development or
management practices selected do not
redevelopment draining
result in a sustained increase in the
to Tr waters)
I receivin 7 water temperature.
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Model Practices. For those areas within the jurisdictional I area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state Stormwater management program, the permittce's Post -
construction Stormwater Management Program must equal or exceed the
Stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure -that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the.requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A)The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
Part 11 Page 9 of 1 1

PERMIT NO. NCS000422
(C) Stortnwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(b) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(C) A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part 11 Page 10 of 11

PERMIT NO. NCSO00422
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.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
BMP
Measurable ;Goals
Y K
YR
YR
YR
YR
1
2
3,
4'
S
(a) Develop an operation
Develop an operation and maintenance
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
runoff, the stormwater 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
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Specifically 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.
Part H Page 1 1 of 11

PERMIT NO. NCS000422
PART III PROGRAM ASSESSMENT
l . Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation ofBMPs, 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 for it period of five years and made available to the Director or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information'will be submitted by
August 31 of each year and cover the previous year's activities from July 1 to .Tune 3-1.
The permittee's reporting will include appropriate information to accurately describe the
progress, status, and results of the permittee's Stormwater Plan and will include, but is
not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the 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
Part III Page 1 of 2

PERMIT NO. NCS000422
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. 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.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan,
Part M Page 2 of 2

PERMIT NO. NCS000422
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
I. 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, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a.principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmental/stormwater matters; and
(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 1 of 2

PERMIT NO. NCS000422
3. 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.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional 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 time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. 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.
6. 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.
7. 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. NCS000422
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.
(a) The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the lime
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than I year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $ 11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500), Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations
Part V Page I of 6

PERMIT NO. NCS000422
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 I1 penalty not to exceed
$137,500).
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 143-2153,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6

PERMIT NO. NCS000422
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.
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, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6

PERMIT NO. NCS000422
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 permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000422
SECTION C: MONITORING AND RECORDS
1. 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
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the,EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer -system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records 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;
Part V Page 5 of 6

PERMIT NO. NCS000422
(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.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of 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 143-215.613 or in Section 309 of the Federal
Act.
Part V Page 6 of 6

PERMIT NO. NCS000422
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123: Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. at.
Part V1 Page I of I

PERMIT NO. NCS000422
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. NCS000422
PART VIII DEFINITIONS
1. Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning'(see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
If it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part VIII Page I of 4

PERMIT NO. NCS000422
6. Department
rtment
Department means the North Carolina Department of Environment and Natural
Resources
7. Division DW
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part H6 pursuant to Section 311 of the Clean Water
Act.
12. Elicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
Part VIII Page 2 of 4

PERMIT NO. NCS000422
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):
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;
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
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infilI development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
Part VIB Page 3 of 4

PERMIT NO. NCS000422
r
17.Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
18. Permittee
' F+
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.
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)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4
e , I