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HomeMy WebLinkAboutNCS000434_Archdale 2017 FINAL PERMIT_20170516STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. Alc�OU093`-t I DOC TYPE INAL PERMIT fl ANNUAL REPORT ❑ APPLICATION ❑ COMPLIANCE 0 OTHER DOC DATE ❑ YYYYMMDD Energy, Mineral & Land Resources ENVIRONMENTAL OUAUTY May 15, 2017 D.J. Seneres City of Archdale i'O Box 14068 Archdale, NC 27263 Subject: NPDES Permit Number NCS000434 City of Archdale Dear Mr. Seneres: ROY COOPER Governor MICHAEL S. REGAN 5eeretary TRACY DAVIS Dirrefor MEG IVED MAY 16 2017 CENTRAL FILES DWR SECTION We are forwarding herewith the revised 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 150E 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, ra nda I I nancdenr.gov. Sincerely far Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources cc: Central Files cc: Mike Mitchell, EPA Region IV Stormwater Permitting Files DEQ Regional Office Attachment Nothing Compares--,,, SState of North Carolina I Environmental Quality I Energ y, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000434 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, Tewn City of Archdale is hereby authorized to discharge stonnwater from their municipal separate storm sewer system located: within the Town City of Archdale Corporate Limits Randolph County to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River Basins in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, II1, IV, V, VI, VI1 and VIII hereof. This permit shall become effective February 20, 2017. 'Phis permit and the authorization to discharge shall expire at midnight on February 19, 2022. Revised May 15, 2017, Signed this day ' May 15, 2017. 1 fo;TrLy E. Da ' , P.E., CPM Division of Energy, Mineral, and Land Natural Resources By the Authority of the Environmental Management Commission PERMIT NO. NCS000434 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 1-1: TOTAL MAXIMUM DAILY LOADS (TMDLS) SECTION 1: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)] PARTIll 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 VII ADMINISTERING AND COMPLIANCE MONITORING FEE - REQUIREMENTS PART Vlll DEFINITIONS I PERMIT NO. NCS000434 PART) PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the :�ewn City of Archdale is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit including, for each of the measures identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) 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 permitter 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 within the corporate limits of the permittee. The permit applies to 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 Plana 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. NCS000434 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. 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 I Page 2 of 2 PERMIT NO. NCS000434 PART 11 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: 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 permittee 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 permittee 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 BMPs 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. 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 permittee'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. NCS000434 consistent with the permit and will establish a deadline to finalize such changes to the program. 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. 7. 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 I1 Page 2 of 15 PERMIT NO. NCS000434 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff. 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 pollutants and/or stressors and/or stressors and likely sources. c. Describe target audiences The permittee shall describe, evaluate annually and update the description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee describe issues, such as specific pollutants, likely 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 educational material to appropriate materials to identified target target groups. Instead of developing its own materials, the audiences and user groups. For permittee may rely on Public Education and Outreach materials example, schools, homeowners, supplied by the state, and/or other entities through a cooperative and/or businesses. 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 designed to reach 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 the permittee shall estimate and record the extent of exposure. Part 11 Page 3 of 15 PERMIT NO. NCS000434 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 II Page 4 of 15 PERMIT NO. NCS000434 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 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 outlalls 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 into your storm sewer system and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to 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 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 a. 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. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanism, that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. 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. NCS000434 BMP " Measurable Goals e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. 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. g. 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. h. 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. i. 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. j. Enforcement of the 1DDE 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. NCS000434 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the 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 N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State 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. The NCGO10000 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 II Page 7 of 15 PERMIT NO. NCS000434 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. 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 an 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 shalt 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 II Page 8 of 15 PI.RMIT NO. NCS000434 BMP Measurable Goals b. Strategies which include Stormwater Strategies which include Stormwater Control Measures Control Measures (SCMs) (SCMs) appropriate for the MS4, include, but are not limited appropriate for the MS4 to compliance with 15A NCAC 0211 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-term maintenance d. I.nventory 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 permittee'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 permittee 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 as required 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 or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee's performance standards have been met or 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 II Page 9 of 15 PERMIT NO. NCS000434 h. Educational materials and training for developers Measurable Goals The permittee shall make available through paper or electronic means, ordinances, post -construction requirements, design standards checklist, and other materials appropriate for developers. New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee's new development and redevelopment program. i. 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. 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 permittec. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase 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. C. 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. d. 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 II Page 10 of 15 PERMIT NO. NCS000434 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations a. Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. b. Provide employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations 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 0&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. 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. e. 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 f. Identify municipally owned or The permittee shall maintain a current inventory of municipally - maintained structural owned or operated structural stormwater controls installed for stormwater controls compliance with the permittee's post -construction ordinance. Part 11 Page I I of 15 PERMIT NO. NCS000434 BMP Measurable -Goals g. O&M for municipally -owned The permittee shall maintain and implement, assess annually and or maintained structural update as necessary an O&M program for municipally -owned or stormwater controls maintained structural 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 if necessary, all municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. h. 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. i. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part II Page 12 of 15 PERMIT NO. NCS000434 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 unpaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 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. 6. 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 permittce shall describe the strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports. Part 11 Page 13 of 15 PERMIT NO. NCS000434 SECTION 1: ELECTRONIC REPORTING OF REPORTS 1G.S. 143-215.1(b)] 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). 2. 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 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 1V, Paragraph 8.] In accordance with 40 Cl~R 122.41(t)(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;Hwww.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 11 Page 14 of 15 PERMIT NO. NCS000434 How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon, expire. At such time, monitoring data and reports shall be submitted electronically 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://deq.nc.gov/about/divisions/water-resources/edmr Records Retention [Supplements Part IV, Paragraph 1.] 'rhe permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122,41]. Part 11 Page 15 of 15 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: 1. 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 Stormwater 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. 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(c) 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 III Page 1 of 1 PERMIT NO. NCS000434 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS A. Records The pennittee 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. 'Phis 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: b. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. C. A description of the effectiveness of each program component d. Planned activities and changes for the next reporting period, for each program component or activity. C. 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 III, 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 3. Completion and submittal of the reporting information contained within the online RIMS Stonnwater Management Program Assessment (SMPA) satisfy Part III, 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. NCS000434 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. F. 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 property 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. NCS000434 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 pen -nit coverage upon renewal application. 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).] 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] 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 I1 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. NC5000434 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. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $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. NCS000434 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 pennittee 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. NCS000434 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 PERMITNO. NCS000434 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; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records of the permittee that shall be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations of the permittee regulated or required under this permit; and 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 shall be available for public inspection at the offices of the Division of Energy, Mineral, and Land Resources. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERMIT NO. NCS000434 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 I of 1 PERMIT NO. NCS000434 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, NCS000434 PART VIII 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). I Built -upon Area "Built -upon area" or "BUA" has the same meaning as in G.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. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part VIII Page 1 of 5 PERMIT NO. NCS000434 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. NCS000434 15. Minimum Design 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 Categories ries 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 Vill Page 3 of 5 PERMIT NO. NCS000434 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 1s 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. NCS000434 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 natural hydrologic 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 l and Phase II regulations to be developed by MS4 permittees. 28. Stormwater Plan The Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 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 Energy, Mineral & Land Resources ENWRONMENTAL OVALITY February 27, 2017 D.J. Seneres City of Archdale PO Box 14068 Archdale, NC 27263 Subject: NPDES Permit Number NCS000434 City of Archdale Dear Mr. Seneres: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Dimetor RECEIVED FEB 28 Z017 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.randall(a)ncdenr.gov. Sincerely for Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Natural Resources cc: Mike Mitchell, EPA Region IV Central Files ec: Stormwater Permitting Files DEQ Regional Office Attachment Nothing Compares SState of North Carolina I Environmental Quality I EnNgy,Mineraland land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000434 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 Archdale is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Archdale Corporate Limits Randolph County to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River Basins in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, II1, IV, V, VI, V11 and VIII-hcrcof. This pen -nit shall become effective February 20, 2017. This permit and the authorization to discharge shall expire at midnight on February 14, 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. NCS000434 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 Vll ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V111 DEFINITIONS u PERMIT NO. NCS000434 PART I PERMIT COVERAGE A. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Archdale is authorized to discharge stormwater from the municipal separate storm sewer systcm (MS4) to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Stormwater Quality Management Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the permittee's stormwater management program for the five-year term of the stormwater permit including, for each of the measures identified in the permit, a narrative description of the program, a table that identifies each best management practice (BMP) 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. "Phis permit covers activities associated with the discharge of stormwater from the MS4 within the corporate limits of the permittee. The permit applies to 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. NCS000434 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. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Unless otherwise stated, full compliance with the requirements of the permit is expected upon the effective date of the permit. Part I Page 2 of 2 PERMIT NO. NCS000434 PART iI FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the maximum extent practical the discharge of pollutants from its municipal storm sewer system associated with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program implementation, however, will be subject to, 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: 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 permittee 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 permittee 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 BMPs 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 permittee'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. NCS000434 consistent with the permit and will establish a deadline to finalize such changes to the program. 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 permitter remains responsible for compliance if the other�entity fails to perform the permit obligation and may be subject to enforcement action if neither the permitter 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. NCS000434 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach Distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps 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 pollutants and/or stressors and/or stressors and likely sources. c. Describe target audiences The permittee shall describe, evaluate annually and update the description of the target audiences likely to have significant storm water impacts and why they were selected. d. Describe residential and The permittee describe issues, such as specific pollutants, likely 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 educational material to appropriate materials to identified target target groups. Instead of developing its own materials, the audiences and user groups. For permittee may rely on Public Education and Outreach materials example, schools, homeowners, supplied by the state, and/or other entities through a cooperative and/or businesses. 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 designed to reach 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 the permittee shall estimate and record the extent of exposure. Part II Page 3 of 15 PERMIT NO. NCS000434 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 permittec 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 hotlinelhelpline for the purpose of public involvement and participation. Part 11 Page 4 of 15 PERMIT NO. NCS000434 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 into your storm sewer system and implement appropriate enforcement procedures and actions; d. Implement a plan to detect and address non -storm water discharges, including illegal dumping, to 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 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 a. 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. b. Maintain adequate legal authorities The permittee shall maintain an IDDE ordinances or other regulatory mechanism, that provides the legal authority to prohibit illicit connections and discharges. c. Maintain a Storm Sewer System The permittee shall maintain a current a map showing major Map of Major Outfalls. outfalls and receiving streams. d. 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. NC5000434 BMP" - Measurable Goals ` e. Investigate sources of identified The permittee shall maintain written procedures for illicit discharges. conducting investigations of identified illicit discharges. f. 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. g. 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. h. 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. i. 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. j. 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 PERM IT NO. NCS000434 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Pursuant to 40 CFR 122.35(b) and the maximum extent practicable (MEP) standard, the permittee may rely on the N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program effectively meets the M EP 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 N.C. Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to ensure the State 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. NCS000434 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls a. Implement and enforce a program to address storm water runoff from new development and redevelopment projects, including public transportation maintained by the permittee, that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program shall ensure that controls are in place that would prevent or minimize water quality impacts. 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 an 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 II Page 8 of 15 PERMIT NO. NCS000434 BMP Measurable Goals b. Strategies which include Stormwater Strategies which include Stormwater Control Measures Control Measures (SCMs) (SCMs) appropriate for the MS4, include, but are not limited appropriate for the MS4 to compliance with 15A NCAC 02H 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-term 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 permittee.'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 permittee 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 as required 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 or temporary certificate of occupancy, the permittee shall conduct a post - construction inspection to verify that the permittee.'s performance standards have been met or 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 II Page 9 of 15 PERMIT NO. NCS000434 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 permittee 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. 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) (1 July 2003 Edition), b. The permittee shall meet the requirements of the post -construction program for construction projects that are performed by, or under contract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post - construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements by complying with another entity's Phase 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. d. 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 II Page 10 of 15 PERMIT NO. NCS000434 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. 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. 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. e. 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 sstems f. Identify municipally owned or The permittee shall maintain a current inventory of municipally - maintained structural owned or operated structural stormwater controls installed for stormwater controls compliance with the permittee's post -construction ordinance. Part 11 Page 1 I of 15 PERMIT NO. NCS000434 BMP Measurable Goals g. O&M for municipally -owned The permittee shall maintain and implement, assess annually and or maintained structural update as necessary an O&M program for municipally -owned or stormwater controls maintained structural 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 if necessary, all municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by permittee. The permittee shall document inspections and maintenance of all municipally -owned or maintained structural stormwater controls. h. 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. i. Staff training The permittee shall implement an employee training program for employees involved in implementing pollution prevention and good housekeeping practices. j. Prevent or Minimize The permittee shall describe and implement measures to prevent Contamination of Stormwater or minimize contamination of the stormwater runoff from all areas Runoff from all areas used for used for vehicle and equipment cleaning. Vehicle and Equipment Cleaning Part 11 Page 12 of 15 PERMIT NO. NCS000434 SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs) 1. Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of concern in accordance with approved Waste Load Allocation (WLAs) assigned to stormwater in an approved TMDL. 2. The Permittee shall comply with the requirements of an approved TMDL. 3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall include a description of existing programs, controls, partnerships, projects, and strategies to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall include an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters and a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. 5. Within 36 months of the final approval of a TMDL, the permittee's annual reports shall include a description of activities expected to occur and when the activities are expected to occur. 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 11 Page 13 of 15 PERMIT NO. NCS000434 SECTION 1: ELECTRONIC REPORTING OF REPORTS ]G.S. 143-215.1(b)] 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). 2. 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 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 8.1 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 ail electronic submissions in accordance with the requirements of Part IV, Paragraph 8. (c.) of this permit. Part 11 Page 14 of 15 PERMITNO. NCS000434 5. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically 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://deq,nc.gov/about/divisions/water-resources/edmr 6. Records Retention [Supplements Part IV, Paragraph 1.] The permittee shall retain records of all Program Assessment annual reports, including electronic submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41). Part II Page 15 of 15 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: 1. 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 Stormwatcr Plan. 4. 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. 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(c) 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 III Page I of I PERMIT NO. NCS000434 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: b. A summary of past year activities, including where available, specific quantities achieved and summaries of enforcement actions. C. A description of the effectiveness of each program component d. Planned activities and changes for the next reporting period, for each program component or activity. e. 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 III, 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 111, 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 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 111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 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. NCS000434 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. F. 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 2. 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. 3. 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. 1 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 PERMITNO. NCS000434 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. 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 1 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 11 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 $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class I penalty not to exceed $137,500). Part V Page 1 of 5 PERMIT NO. NCS000434 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. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $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. NCS000434 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. NCS000434 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 permitter 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. NCS000434 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 permittec'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; 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 shall be available for public inspection at the offices of the Division of Energy, Mineral, and Land Resources. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 5 of 5 PERM ITNO. NCS000434 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 tenminating 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. NCS000434 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000434 PART VI11 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. Department Department means the North Carolina Department of Environmental Quality. 7. Division (DEMLR) The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 8. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing; authority. Part VIII Page 1 of 5 PERMIT NO. NCS000434 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. IL 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 S stem 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. NCS000434 15. Minimum Design 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 Categories The following are categories of non-stormwater discharges that the permittee shall address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, 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. NCS000434 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 Activit 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. NCS000434 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 natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination thereof. 27. Stormwater Mana ement 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 Stormwater Plan is the written plan that is used to describe the various control measures and activities the permittee will undertake to implement the stormwater management program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances or other regulatory requirements, the description of all programs and procedures (including standard forms to be used for reports and inspections) that will be implemented and enforced to comply with the permit and to document the selection, design, and installation of all stormwater control measures. 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 Vlii Page 5 of 5 A74 +' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 22, 2005 Bertha L. Stone, Mayor 307 Balfour Drive Archdale, North Carolina 27763 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: NPDES Permit Number NCS000434 Randolph County, Town of Archdale Dear Ms. Stone; In accordance with your application for a stormwater discharge permit received on March 10, 2003 and as amended on August 4, 2004, 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: httpa/h2o.enr.state.ne.us/su_/NPDES_Phase_It Stormwater_Program.htm Pursuant to Part 11, Section A of the subject permit, Municipalities shall incorporate in their Stormwater Management Plan site -specific stormwater management requirements for streams supporting federally -listed threatened and endangered aquatic animal species required by site -specific management. plans and schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. As a result of comments received during the comment period, DWQ revised the TMDL language for communities that are or may be subject to TMDLs during the term of their permit. The revisions were editorial in nature and necessary to clarify the additional requirements a community would be subject to if 1) the permitted MS4 is or becomes subject to an approved TMDL, and 2) following notice of such by the Division. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 7j., 512 N. Salisbury St., Raleigh, North Carolina 27604 NOCIllCarOhna Phone: 919.733-7015 / FAX, 9 19-733-2496 1 Internet: h2o.enr.state.nc.us Natural& An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper r 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 andbinding. 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. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 est. 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. NCS000434 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 Archdale is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Archdale Jurisdictional Area Randolph County to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River basins in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 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. Alan W. Rlimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART 1 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. NCS000434 PART I PERMIT COVERAGE During the period beginning on the effective date of the perinit and lasting until expiration. the Town of Archdale is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Muddy Creek and Little Uwharrie River and unnamed tributaries, within the Deep River and Yadkin River basins. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase Il Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater 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 for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee 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. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 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. Part 1 Page 1 of 2 PERMIT NO. NCS000434 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. 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 NC AC 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. NCS000434 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged- from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all 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. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page 1 of 12 PERMIT NO. NCS000434 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. 11. if the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The following additional requirements apply. (a) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential of discharging the pollutant(s) of concern: to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. The permittee shall also develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s) of concern: to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. (b) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement Part 11 Page 2 of 12 PERMIT NO. NCS000434 appropriate BMPs to control the pollutant(~) of concern to the maximum extent practicable. Implementation of the appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (C Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the pennittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream segments in the MS4 jurisdictional area by referencing the 2004 Integrated 305(b) and 303(d) Report (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. 12. Municipalities shall incorporate in their Stormwater Management Plan site -specific stormwater management requirements for streams supporting federally -listed threatened and endangered aquatic animal species required by site -specific management plans and schedules developed under provisions of 15A NCAC 2B .0110. Certain waters provide habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. Part 11 Page 3 of 12 PERMIT NO. NCS000434 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 . 1 1,:!:3 2 _`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 X X 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 materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and atspecial ecial events. Part 11 Page 4 of 12 PERMIT NO. NCS000434 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following 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 Y,R YR YR" YR -YR.. 1 2 3 4 5.,: (a) Admister a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the stormwater Stormwater Plan management program. (c) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group for input on X X X X Group stormwater issues and the stormwater program. Part H Page 5 of 12 PERMIT NO. NCS000434 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION I. 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. IYsRr �.YR- t.gas un- e (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Pro ram 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 Identify outfall locations and map X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalIs, drainage areas, and receiving streams. (d) Implement illicit Implement inspection program to detect X X X X X discharge detection dry weather flows at system outfalls. procedures 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 Program. Part II Page 6 of 12 PERMIT NO. NCS000434 BMP �i; F` Measuralble Goals 1 ' °"_ YR YR YK YR YR r ,.A Xr ` 3:. F ' • 4` 7' y! J`hj (e) Conduct employee Conduct training for town staff on X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and 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 reporting mechanism mechanism for the public to report illicit dischar es. Part H Page 7 of 12 PERMIT NO. NCS000434 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 permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), specifically Par 1, 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 permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part 11 Page 8 of 12 PERMIT NO. NCS000434 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. ObJectives for Post -Construction Site Runoff Controls (a) Manage stormwater 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) Provide a mechanism to require 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 town of Archdale shall implement the following BMPs to meet the objectives of the Post -Construction Stormwater Management Program. BMP Measurable Goals YR 'YR YR YR,. YR l 2 :3 4 5 (a) Establish a Post- Develop, adopt by ordinance (or similar 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 which include BMPs include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual- inspection reports of permitted structural BMPs performed by a qualified professional. (e) Establish a program to Control the sources of fecal coliform to X 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 11 Page 9 of 12 PERMIT NO. NCS000434 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the 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. (Ili) 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 II Page 10 of 12 PERMIT NO. NCS000434 (C) Stormwater 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 fect 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. (c) 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. (d) 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 H Page 1 1 of 12 PERMIT NO. NCS000434 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. Measurable Goals YR . YRBMP 1. 2: 3, 4` S, (a) Develop an operation Develop an operation and maintenance 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 X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs.. Inspect 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 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. 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 II Page 12 of 12 PERMIT NO. NCS000434 PART III PROGRAM ASSESSMENT 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. if monitoring and sampling are being performed documentation of results shall be included. 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 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 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 I to June 31. 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 PIan (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 review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page I of 2 PERMIT NO. NCSO00434 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 III Page 2 of 2 PERMIT NO. NCS000434 PART IV REPORTING AND RECORD KEEPING REQUIREMENT'S 1. Records The perrnittee 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 t617 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: (1) 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 property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS000434 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 perfonncd 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 required by this permit on an annual basis per Part M 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. NCS000434 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 time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 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 ❑ violations Part V, VI, VII & VIII Page 1 of I 1 PERMIT NO. NCS000434 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 $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class L1 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 143-215.3, 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 US 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. b. 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, VI, VII & VIII Page 2 of 1 i PERMIT NO. NCS000434 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 pert -nit. S. Penalties for'fampering 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, VI, VIi & VIII Page 3 of 1 1 PERMIT NO. NCS000434 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, VI, VII & VII1 Page 4 of 11 PERMIT NO. NCS000434 SECTION C: MONITORING AND RECORDS I. 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 MS4 receiving'the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and Part V, V1, VII & VIE Page 5 of I 1 PERMIT NO. NCS000434 (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, V 1, VU & V IIl Page 6 of 11 PERMIT NO. NCS000434 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 VII ADMINISTERING AND COMPLIANCE MONITORING TEE 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 V, VI, VII & VIII Page 7 of I I PERMIT NO. NCS000434 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management _Practice {BMA 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. 6. Department Department means the North Carolina Department of Environment and Natural Resources Part V, V1, VII & VIII Page 8 of 1 I PERMIT NO. NCS000434 7. Division (DWQI The Division of Water Quality, Department of Environment and Natural Resources. S. Director The Director of the Division of Water Quality, the permit Issuing authority. EMC 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 116 pursuant to Section 311 of the Clean Water Act. 12. 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. 13. Industrial_ Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 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 Part V,VI, VII&VIIIPage 9of 11 PERMIT NO. NCS000434 agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 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 infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, VI, VH & VIII Page 10 of 1 1 PERMIT NO. NCS000434 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 V, VI, VH & V111 Page 1 I of 1 1 RrCMVED N.C, L;VPt, 64 ENR Cr�O� ,�f11 A]FRQG Michael F. Easley, Governor .}no) William G. Ross Jr., Secretary SET 2 2 CU 4 North Carolina Department of Environment and Natural Resources rWin : ;,atom Atan W. Klimek, P. E. Direclor -) Re[tianai OfflCt Division of Water Quality Q Coleen 11. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date) DOCUMENTS REVIEWED Town of Archdale NCS000434 Town of Archdale Municipal Separate Storm Sewer System Muddy Creek, Little Uwharrie, Muddy Creek East Tributary, and Muddy Creek West Tributary Deep and Yadkin River Basins WS-IV, WS-I11 See attached draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable October 8, 2004 NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 and as amended on August 4, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date � 2 ZOd Stormwater and General Permits Supervisor >92Date Concurrence by Regional Offic Date 4'eY ZQ�� Water Quality Supervisor Date (� f N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (9l9) 733-7015 &A NM- ENR Customer Service 1-877-623-6749 Regional Office Staff Comments ,T \f11Ar,�-npG Michael F. Easley, Governor (,VOary O`O� William G. Ross Jr., ticcrctar North Carolina Deparuncnt of Hnvironmcnl and Natural Resources Alan W. Klimek, 1'. L. Director Division or Water Quality Q Y Coleen H. Sullins, Deputy Director Division ur Water Quality September 21, 2004 Bertha L. Stone, Mayor 307 Balfour Drive Archdale, North Carolina 27763 Subject: NPDES Permit Number NCS000434 City of Archdale Dear Ms. Stone; Enclosed for your review and comment is the draft Phase 2 NPDES Stormwater Permit for the City of Archdale. Following an appropriate public notice and comment period, we anticipate this permit will become effective in the 4"' quarter of 2004. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Friday, October 8, 2004. You will also have an opportunity to submit comments during the public comment period in November, 2004. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, �'_2 2 �- 7 ��� Mike Randall Environmental Engineer cc: Stormwater and General Permits Unit Winston-Salem Regional Office N. C. Division of Water Quality 1617 Mail service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 t4CDENft Customer Service 1-877-623-6748 0 a0� W A r�RQ6 THE'C1TY OF ARCHDALE JOHN N. OGBURN III, CITY MANAGER P.O. BOX 14068 ARCHDALE, NC 27263 John N. Ogburn III: Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11 /6/2002 Subject: NPDES Phase II Stormwater Program In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase 1 relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase 1I program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. We are writing to you to remind you that the City of Archdale has been identified as being located within a census designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the City of Archdale does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is March 10, 2003. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site. Our web address is http://h2o.enr. state. nc,us/su/stormwater .htmI- You may also contact us for hard copies of the documents. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Winston-Salem Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733.7015 e"A NCDENR Customer Service 1. 800-623-7748 State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Paid Permit Number 05000y3y NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDE5 Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentati'on,-completed-in.,accQrdance with Instructions for Preparing the Comprehensive Stormwater Management Program -Report (SWU--168) are required for the application package to be considered a complete application' sub ittAI.-'In M ap Wcatto , submittals may be returned to the applicant. �] I. APPLICANT STATUS INFORMATION j E AUG 4 2004 ` a. Name of Public Entity City of Archdale Seeking Permit Coverage b. Ownership Status (federal, Public i POINT S(}UkCE 8RA!VC state, or local)- c. Type of Public Entity (city, City town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Randolph f. lurisdictional Area (square 8.7 square miles miles g. Population Permanent 9014 Seasonal (if available) 0 h. Ten-year Growth Rate 2.9% (Annual Growth Rate) i. Located on Indian Lands? Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 8.7 square miles b. River Basin(s) Deep River, Yadkin River c. Number of Primary Receiving Streams 2 (primary) streams Muddy Creek and Little Uwharrie River and other unnamed tributaries d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 55 % • Commercial 15 % • Industrial 20% • Open Space 10% Total W 100% e. Are there significant water uali issues listed in the Yes ®No Page 1 NPDES RPE Stormwater Permit Application attached application report? III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 N/A • NPDES Permit Number N/A c. Do you intend to co -permit Yes ®No with another Phase II entity? d. If so, provide the name(s) of N/A the enti : e. Have legal agreements been finalized between the co- ❑ Yes ❑ No N/A ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of ® Yes ❑ No our permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity NCDENR- Division of Water Quality (WSRO) • Element they will Sediment and Erosion Control (1+ acres) --implement • Contact Person Steve Mauney, Regional Supervisor • Contact Address 585 Waughtown Street Winston-Salem, North Carolina 27107 • Contact Telephone 336-771-4600 Number c. Are legal agreements in place ®Yes ❑ No to establish responsibilities? VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated N/A b. Title/position of person above N/A Page 2 NPDES RPE Stormwater Permit Application c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the hest of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature _ Name Be a L. Stone Title Mayor Street Address 307 Balfour Drive PO Box P. 0. Box 14068 City Archdale State North Carolina Zip 27263 Telephone 336-431-9141 Fax 336-431-2130 E-Mail bertstone@northstate.net VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day-to-day implementation and oversight of the stormwater program. a. Name of Contact Person Jeffrey D. Wells b. Title Planning Director c. Street Address 307 Balfour Drive d. PO Box P.O. Box 14068 e. City Archdale f. State North Carolina g. Zip 27263 h. Telephone Number 336-431-9141 i. Fax Number 336-431-2130 j. E-Mail Address jwells@archdale-nc.gov Page 3 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. IIIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA Page 4 NPDES RPE Stormwater Permit Application X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed Stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 NPDES RPE Stormwater Permit Application 1. STORM SEWER SYSTEM INFORMATION I.I. Population Served The current population of the City of Archdale is 9014. This data as of and taken from the 2000 U.S. Census. 1.2. Growth Rate The annual growth rate for the City of Archdale is 2.9%. This was calculated from the increase ill population between the 2000 Census and the 1990 Census. 1.3. Jurisdictional and MS4 Service Areas The MS4 service area and the Jurisdictional area for the City of Archdale are the same at 8.7 square miles. 1.4. MS4 Conveyance System The City of Archdale stormwater system utilizes primarily open channels and swales to convey surface waters to receiving creeks. Most residential and industrial subdivisions built during the 70's and early 80's were designed using ribbon -paved streets with side ditches to direct surface waters to receiving creeks and streams. During the mid to late 1980's, curb and gutter with piping became the prevailing method of' collecting stormwater in the community. Two primary creeks (Muddy/Uwharrie) drain the City of Archdale. Past and current growth of the municipal stormwater system has not had a noticeable impact on the quality/quantity of waters within them. I.S. Land Use Composition Estimates The estimated percentage of jurisdictional area within the City of Archdale contains the following distribution. The existing GIS planning data has been simplified to provide the four basic land use activities as requested. The data breakdown is as follows: Residential: 55 % Commercial: 15 % Industrial: 20 % Open Space: 10 % 1.6. Estimate Methodology The land use percentages were taken from the City of Archdale GIS system and simplified as necessary to get the breakdown as shown in section 1.5. Page 6 NPDES RPE Stormwater Permit Application 1.7. TMDL Identification To the City of Archdale's knowledge, we do not discharge to any TMDL listed waterways. 2. RECEIVING STREAMS Receiving Stream. Stream Segment Water Quality Use Support Water Quality Name Classification Rating Issues Muddy Creek 17-9-1 and 17-9-2 WS-IV Critical FS NIA Area Little Uwharrie 13-2-0.5 and 13-2-1 WS-111 Unknown NIA River From Culvert under Muddy Creek Raker Road (SR East Tributary 1193) to confluence WS-IV FS NIA with Muddy Creek at SR 1916 From Culvert under Swathmore Road Muddy Creek (1-ligh Point city WS-IV FS NIA West Trihutary limits) to confluence with Muddy Creek at S R 1608 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs The City of Archdale has adopted watershed protection ordinances for two classified watersheds in our area. Randleman Lake (Muddy Creek) watershed is classified as a WSIV (Critical Area) watershed by the DWQ and impacts approximately sixty-five (65%) percent of� our community. The remainder of our jurisdiction is located in the Lake Reese (Little Uwharrie River) watershed area. This watershed is classified as WS11I and covers approximately thirty (30%) percent of our total jurisdiction. 3.2. State Programs Page 7 NPDES RPE Stormwater Permit Application The City of Archdale is a participant in the State erosion and sedimentation control program administered by the NCDENR. For parcels of greater than one (1) acre in size, representatives of the Winston-Salem NCDENR office review all plans for site grading and erosion control. They also perform periodic site inspectiotis to insure compliance with the approved plan. On occasion, NCDENR staff is called upon to visit non -permitted sites that have been identified through citizen complaints or general concern by local officials. 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List Contact Person for Overall NPDES Program Contact Person for Erosion Control Bertha L. Stone, Mayor City of Archdale P.O. Box 14068 Archdale, North Carolina 27263 336-431-9141 336-431-2130 (fax) bertstone@uorthstate.net Steve Mauney, Regional Supervisor NCDENR — WSRO 585 Waughtown Street Winston-Salem, North Carolina 27107 336-771-4600 Contact Person for Stormwater Plan Review: Jeffrey D. Wells City of Archdale Planning Department 336-431-9141 336-431-2130 (fax) jwells@arclidale-iic.gov Contact Person for Drainage System Maintenance: Mike Shuler, Public Works Director City of Archdale Public Works Dept. 336-431-9141 Contact Person for Public hiforniation/Education Contact Person for Construction Site Inspections Contact Person for Issuing Public Notices for our Organization: 4.2. Organizational Chart Jeffrey D. Wells City of Archdale Planning Department 336-431-9141 Mike Shuler, Public Works Director City of Archdale Public 336-431-9141 Patsy Dougherty Archdale City Clerk 336-431-9141 Works Department Page 8 NPDES RPE Stormwater Permit Application See Appendix -A- 4.3. Signing Official Bertha L. Stone, Mayor City of Archdale 4.4. Duly Authorized Representative The City of Archdale does not wish use this option at this time. S. Co -Permitting Information (if applicable) The City of Archdale does not wish use this option at this time. 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity At this time the only other government entity that the city of Archdale is relying on a portion of its permit application activity is the NCDENR Division of Water Quality Sediment and Erosion Control Program. Listed below is the contact information for the local sediment and erosion control office. 6.1. Name of Entity NCDENR Division of Water Quality Sediment and Erosion Control Program 6.2. Measure Implemented The City of Archdale will continue to rely on the NCDENR Sediment and Erosion Control Program to comply with the construction site runoff controls portion of the NPDES Phase H program rules (for sites greater than l acre). 6.3. Contact Information Name of Entity: NCDENR - Division of Water Quality (WSRQ) Contact Person: Steve Mauney,, Regional Supervisor Contact Address: 585 Waughtown Street Winston-Salem, North Carolina 27107 Contact Telephone Number: 336-771-4600 6.4. Legal Agreements Page 9 NPDES RPE Stormwater Permit Application Legal agreements are currently in place with NCDENR Division of Water Quality to provide tills service to the City of Archdale. 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts What pollutant source are you trying to address and why? List the targeted pollutants and give a brief explanation as to why these are selected. Write a narrative description of the approach you are going to take in your outreach program. Our program as envisioned, will focus on bringing basic information to the public about the importance of protecting the quality of our water supply lakes by preventing trash and other contaminants from being washed into our streams, creeks and rivers by storlwater. Public programs will be implemented as a way to educate the public on our initiative. The city internet site as well as periodic educational pamphlets will provide the public with the proper information. Decision Process: describe the derision process used to create this program element. Work on this element began initially by creating an informal group of staff representing Phase I and Phase I1 cities within the upper Cape Fear basin. It was determined that many of the public education requirements could be addressed regionally as well as locally by partnering with a nearby Phase I community. The BIYWP's chosen by the City of Archdale will be performed locally, however the costs may be shared with other Phase I or Phase II cities. 7.2. Public Involvement and Participation Are you going to comply with the public hearing requirement to meet this minimum control measure? Yes Describe how you involved the public in developing your application. A notice of Public Hearing was published in the High Point Enterprise (a paper of regional distribution) on January 14, 2003 and January 14, 2003. Describe the decision process used in developing your public participation process. (Who was involved, what issues were important, what goals are you trying to achieve) A public hearing was held in the Archdale City Hall, Council Chambers on January 28, 2003 for the purpose of review and discussion of the Phase 11 application and rules. Michael Erwin of AMEC, Inc. gave a thirty -plus minute Power Point presentation that covered the goals of the program, the application process and the benefits to future water quality by detecting and eliminating illicit stormwater system connections. Mr. Erwin was asked a single question by a member of the City Council concerning the meaning of NPDES. The public hearing was opened to those persons in the audience allowing them an opportunity to ask questions or comment upon the Phase 11 pen -nit. Page 10 NPDES RPE Stormwater Permit Application 7.3. Illicit Discharge Detection and Elimination Storm sewer system map: Describe how you are going to complete a storm sewer system map of outfall locations. (What sources of information will you use? What form will the map take (digital, paper map)? What method will you use to verify the accuracy of the locations? Will you do.field verification and if so, will you use any specific technology? How will you update the map, once data collection begins? Who will keep the map current? Where will the map he located within the organization for the public to view or review if desired? Public Works Depatlment employees will be used (with the assistance of student interns) to map illicit discharges along our stone sewer outfalls. USGS (or similar maps) will be used for all fieldwork. Information gathered will be given to the City Consulting Engineer to snap using digital mapping methods. His office will maintain the maps to keep it current. Copies will be kept in the Planning Department and Consulting Engineer's office for public review. 7.3.1. Regulatory Mechanism Do you have an ordinance in place that prohibits non -storm water from your drainage system? No Describe your process for developing a regulatory mechanism and when you plan on doing so. Currently, we have ordinances in place that prohibit the connection of sanitary sewers to the storn}water system. We plan in year one, to do an extensive review of this and other municipal ordinances to detenmine the need to modify and/or create an illicit discharge ordinance. 7.3.2. Enforcement Actions Describe the methodology you will use to lake enforcement actions needed when you.find an illicit connection. Include process you will.follow if different from the method of adopting or amending vour current ordinance. Currently, enforcement actions are as dictated in the relevant ordinance. For any new ordinances, the enforcement actions will be very similar to any existing ordinances and/or as dictated by State, Federal laws or local regulations. Methodology for enforcement will center on removing the illicit discharge. 7.3.3. Detection and Elimination Describe the plan you are going to follow tofind and eliminate illicit connections. Address spills and illegal clumping controls as well. Include procedures for locating high priority areas in the community; procedures fur tracing the source of an illicit connection; procedures or removing the discharge and procedures fur program evaluation and assessment. Periodic inspection of the stonm sewer outfalls will allow municipal staff to identify and eliminate illicit connections. hidustrialized areas will be an area of high priority and special focus given the Page 11 NPD€S RPE Stormwater Permit Application potential for future illegal connections and dumping. Spills and illicit connections will be addressed using established remedies found in our local codes. How will you find illicit connections? Staff will conduct periodic inspections of our storm sewer outfalls to identify illicit coiuiections. They will also perform dry weather field screening and act on complaints received through the public hotline. How will you address spills, within your own operation and within the community? Every effort will be undertaken to contain the spill and remove the discharge material to the betterment of the stream or creek. Assistance from other resources may be called upon (i.e.. Fire Department, City of High Point, NCDENR or Environmental Clean-up contractor) if necessary. How will you eliminate an illicit connection or discharge? Staff will eliminate connections through aggressive enforcement of local codes acid ordinances related to said illicit connections. How will you evaluate your program and make changer over time? Success of the program will be measured by reviewing the activity of the various components of the program as well as feedback from the community. 7.3.4. Illicit or Allowable The City of Archdale has determined that the following discharges will be considered allowable discharges for the purpose of this permit application. 1. Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)): Allowable 6. Uncontaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10. Irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. Lawn watering: Allowable 15. Individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Allowable 18. Street wash water: Allowable Page 12 NPDES RPE Stormwater Permit Application Are there other incidental discharges that you will define as NON-STORMWATER and ILLICIT,for purposes within your community? If yes, describe them and how you will address them in your program. At this time, we do not consider adding any additional items as illicit discharges. 7.3.4.1 Occasional and Incidental Discharges Given the infrequent nature of charity car washes, the municipality considers this to be an acceptable occurrence. However, limits as to the number of car washes permitted (two (2) per year per organization) will be established by municipal ordinance. All charity car washes shall prevent the runoff of wash waters into nearby storm sewers. No charity car washes will be permitted within one - quarter mile of an existing or proposed reservoir. 7.3.5. Public Outreach for Illicit Connections Now will you inform the public, and your employees about the hazards of illicit connections and illegal clumping? This activity should be coordinated with your Public Education Program and your Good Housing Keeping Program. As indicated in the Public Education portion of the program, every effort will be made to educate the public/employees on the importance of protecting our drinking water by acting proactively to prevent waste and illegal discharges from entering the storm water system. See Public Education/Public Involvement 7.3.5.1. Program Approach. Describe how you developed your program approach to illicit discharge elimination. How did you choose your BMPs and your measurable goals? Our program was developed with the assistance of the North Carolina League of' Municipalities with environmental expertise being provided by AMEC, Inc. BMP's were chosen after careful consideration and discussion by municipal staff and representatives of AMEC. 7.3.5.2. Measurable Goals Explain how you will evaluate the success of your program. What are the measurable goals for each BMP? Success of the program will be measured by reviewing the activity of the various components of the program as well as feedback from the community. 7.4. Construction Site Stormwater Runoff Control Are you going to use the State Sediment and Erosion Control program to comply with this minimum control measure? Yes Page 13 NPDES RPE Stormwater Permit Application If yes, who is responsible for the program in your community? NCDENR Regional Office - Winston-Salem (WSRO) How will you evaluate the program? What are your goals and measures for each of your BMPs? City staff will perform periodic inspections of all construction sites under the jurisdiction of NCDENR. Should the requirements specified in the approved Erosion Control permit be in violation, the WSRO will be notified immediately by City staff. Citizen complaints and concerns will be forwarded to WSRO staff for follow-up inspection as required. 7.5. Post -Construction Storm Water Management in New Development and Redevelopment Do you currently have development standards that address stormwater management on new or redevelopment projects that disturb more than one acre of property? No Do you have requirements for structural BMPs to control stormwater on site for new or redevelopment activities to control water quality? No If no standards and controls exist to control water quality, describe the process you will use to select the on -site controls and standards. City staff will consult with the City's Consulting Engineer to deternune those methods and on -site controls that are most appropriate for our community and drainage area. Our ordinance will include requirements from the State including buffers and structural BMP's in high -density areas to control the difference in pre and post construction runoff from the one year 24 hour storm and removal of 85%v of the total suspended solids. This portion of our stormwater management plan will be implemented by March 10, 2005. Do you have a regulatory mechanism to address post -construction controls for water quality? No Describe how you will develop a mechanism, what you are considering and when you will develop it. The requirement for the necessary BMP's will be included in our current site plan review process. A requirement for pre -construction and follow-up inspections will be added to our procedures. There will also be steps taken to address noncompliance through enforcement actions. Buffer requirements and low and high density development are already addressed in our watershed protection ordinance. The ordinance will also establish a process for the inspection of BMP's and define who will inspect them and establish any necessary fees related to such activity. This portion of our stormwater management plan will be implemented by March 10, 2005. 1 f yes, do you have standards to control water quality, is long-term maintenance required and how is it regulated? If no, describe how you will incorporate maintenance requirements. If no long-term Page 14 NPDES RPE Stormwater Permit Application maintenance strategy is included in your program, describe the process you will use to establish a long-term maintenance strategy and the schedule you will.follow. The community will develop standards for the inspection and long-term maintenance of structural BMP's. Tlus policy will be in effect by March 10, 2005. Describe the process you followed in determining your plan of action for this minimum control measure. We concluded that tliis procedure was required by the regulation. What are your priority areas? Areas of high priority are highway commercial and industrial areas requiring large amounts of paved parking to support those uses. What conditions exist in your community that are unique or require tailored BMPs? Archdale has a moderate topography that does not require tailored BMP's. Describe your measurable goals and evaluation process. We plan to track and report the number of BMP's created under the regulation, track the number of those successfully inspected, and review die status of those requiring maintenance. 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Is your community certified Environmental Management System community? Describe your program. No What are you currently doing that could be considered as BMP strategies under the Permit? List measures and check to indicate that you are going to use these to comply with the permit requirements. Periodic street sweeping of curbs and gutter, curbside pickup of recyclable items, covered area for equipment storage, the underground fuel storage tanks at the public works facility have been removed and closed, spill absorbent kit available at public works building and the public works facility is locked and made secure after regular working hours. List the municipal operations that will be impacted by this measure. Do you operate or maintain: List the municipal operations that must have a separate Industrial NPDES permit. They may include: • Vehicle maintenance, fueling and repair facility for transportation vehicles (public transit, ambulances, school buses, dump trucks, garbage haulers, parks vans for special activities such as programs for the elderly, boat maintenance) • Wastewater treatment plant over I mgd capacity • Landfill • Recyclables processing center for co -mingled materials Page 15 NPDES RPE Stormwater Permit Application • Airport • Mining operations (i.e., borrow area for landfill operation) • Marinas An initial assessment of municipal operations was conducted on January 28, 2003 and at this time; it does not appear that the City of Archdale's municipal operations require industrial permitting. Describe your procedures for controlling floatable and other pollutants, from the drainage System. If you do not have a plan, how will you address this in your permit? The community currently provides several services that by their nature have the effect of reducing floatable pollutants. We provide curbside recycling to reduce plastic and paper products from being improperly discarded along the roadside. Through the organizing efforts of our Community Appearance Commission, citizens can participate in the Clean Sweep and Adopt -a -Highway programs. Describe your procedures for maintenance of the drainage system including inspection of the system. If you do not have a plan, how will you address this in your permit? At this time, inspection and maintenance of the system is infrequent and performed only as needed. Beginning in Year 3 and after adequate training has been given, public works employees will perform seasonal inspections of the system that may coincide with other maintenance activities such as snowing of sewer right -of ways. Describe controls for reducing pollutants from parking lots, storage yards, waste transfer stations, outdoor storage areas at vehicle maintenance shops, salt storage and snow disposal areas. If you do not have a plan, how will you address this in your permit? We plan to develop a pollution prevention plan for municipal operations that will train employees on proper pollution prevention measures to address material storage, equipment storage, equipment maintenance, general housekeeping practices and POL storage practices. Describe your procedures far the proper disposal of waste removed from your drainage system? If you do not have a plan, how will you address this in your permit? Maintenance staff will properly dispose of white goods and other debris in an approved permitted solid waste landfill. Household and other hazardous waste will be sent to the Household Hazardous Waste Facility located in Greensboro, North Carolina. What are your procedures to incorporate water quality controls within flood management projects? If you do not currently consider this in your program of flood management, how will you address this in your permit? The community encourages developers to incorporate NCDOT stormwater quality/quantity BMP's into their designs. Describe how you developed your pollution prevention plan for this permit. What important factors did you consider? Act to eliminate stormwater pollution potential at municipal facilities and through local government policies and procedures, encourage the population of Archdale to comply with similar measures. Page 16 NPDES RPE Stormwater Permit Application What are your measurable goals and how will you evaluate them.? To inspect all facilities and operations with the Potential for generating polluted stormwater runoff owned and operated by the pemiittee. There will also be an wmnual review of storinwater prevention plans for permitted facilities owned and operated by the permittee. Also, to train 50%, of our municipal staff that work with or around equipment that uses or carries POL products. Two tinier a year a "no notice" spot inspection may be conducted at each municipal facility. The purpose of these inspections will be to assess good housekeeping, pollution prevention and OSHA practices. Page 17 State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd 63-10-4>3 Fee Paid 4 -11i Permit Number kj-5 0 4z,4 NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES Sormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity City of Archdale Seeking Permit Coverage b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, City town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Randolph f. Jurisdictional Area (square 8.7 square miles miles g. Population Permanent 9014 Seasonal (if available) 0 h. Ten-year Growth Rate 2.9% (Annual Growth Rate) i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 8.7 square miles b. River Basin(s) Deep River, Yadkin River c. Number of Primary Receiving Streams 2 (primary) streams Muddy Creek and Little Uwharrie River and I other unnamed tributaries d. Estimated percentage of Jurisdictional area containing the following four land use activities: • Residential 55 % f ` I } le - - • Commercial 15 % li ' J� -` _ (19 1r `' R - • Industrial 20% • Open Space 10% Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No "'u t ��-� n'� .t i Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 N/A • NPDES Permit Number N/A c. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of N/A the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No N/A ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of ® Yes ❑ No our permit obligations? b. If yes, identify each entity and the element they will be implementing • Name of Entity NCDENR- Division of Water Quality (WSRO) • Element they will Sediment and Erosion Control (1} acres) implement • Contact Person Steve Mauney, Regional Supervisor • Contact Address 585 Waughtown Street Winston-Salem North Carolina 27107 • Contact Telephone 336-771-4600 Number c. Are legal agreements in place ® Yes ❑ No to establish responsibilities? VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority N/A has been delegated b. Title/position of person above N/A c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name ertha L. Stone Title Mayor Street Address 307 Balfour Drive PO Box P. O. Box 14068 City Archdale State North Carolina Zip 27263 Telephone 336-431-9141 Fax 336-431-2130 E-Mail archmayor@triad.rr.com VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day-to-day implementation and oversight of the stormwater program. a. Name of Contact Person J. Martin Myers, AICP b. Title Planning Director c. Street Address 307 Balfour Drive d. PO Box P.O. Box 14068 e. City Archdale f. State North Carolina g. Zip 27263 h. Telephone Number 336-431-9141 i. Fax Number 336-431-2130 j. E-Mail Address archplanner@triad.rr.com Page 3 5Wu-264-103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA Page 4 5WU-264-103102 NPDES RPE Stormwater Permit Application X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS 3, EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7, STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control T5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 Swu-264-103102 NPDES RPE Stormwater Permit Application 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served The current population of the City of Archdale is 9014. This data as of and taken from the 2000 U.S. Census. 1.2. Growth Rate The annual growth rate for the City of Archdale is 2.9%. This was calculated from the increase in population between the 2000 Census and the 1990 Census. 1.3. Jurisdictional and MS4 Service Areas The MS4 service area and the Jurisdictional area for the City of Archdale are the same at 8.7 square miles. 1.4. MS4 Conveyance System The City of Archdale stormwater system utilizes primarily open channels and swales to convey surface waters to receiving creeks. Most residential and industrial subdivisions built during the 70's and early 80's were designed using ribbon -paved streets with side ditches to direct surface waters to receiving creeks and streams. During the mid to late 1980's, curb and gutter with piping became the prevailing method of collecting stormwater in the community. Two primary creeks (Muddy/Uwharric) drain the City of Archdale. Past and current growth of the municipal stormwater system has not had a noticeable impact on the quality/quantity of waters within them. 1.5. Land Use Composition Estimates The estimated percentage of jurisdictional area within the City of Archdale contains the following distribution. The existing GIS planning data has been simplified to provide the four basic land use activities as requested. The data breakdown is as follows: Residential: 55 % Commercial: 15 % Industrial: 20 % Open Space: 10 % 1.6. Estimate Methodology The land use percentages were taken from the City of Archdale GIS system and simplified as necessary to get the breakdown as shown in section 1.5. 1.7. TMDL Identification To the City of Archdale's knowledge, we do not discharge to any TMDL listed waterways. 2. RECEIVING STREAMS Page 6 5WU-264-103102 NPDES RPE Stormwater Permit Application RLceiving,51ream SlrL'am Segment Water Quality Use ,Sul)l)orl Water Quality Araine Classification Rating Issue's Muddy Creek 17-9-1 and 17-9-2 WS-IV Critical Area FS NIA Little Uwharrie River 13-2-0.5 and 13-2-1 WS-111 Unknown NIA rom Culvert un er Muddy Creek Baker Road (SR Last Tributary 1193) to confluence WS-IV FS NIA with Muddy Creek at SR 1916 From Culvert under Swathmore Road Muddy Creek (High Point city WS_IV FS NIA West "Tributary limits) to confluence with Muddy Creek at SR1608 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs The City of Archdale has adopted watershed protection ordinances for two classified watersheds in our area. Randleman Lake (Muddy Creek) watershed is classified as a WSIV (Critical Area) watershed by the DWQ and impacts approximately sixty-five (65%) percent of our community. The remainder of our jurisdiction is located in the Lake Reese (Little Uwharrie River) watershed area. This watershed is classified as WSIII and covers approximately thirty (30%) percent of our total jurisdiction. 3.2. State Programs The City of Archdale is a participant in the State erosion and sedimentation control program administered by the NCDENR. For parcels of greater than one (1) acre in size, representatives of the Winston-Salem NCDENR office review all plans for site grading and erosion control. They also perform periodic site inspections to insure compliance with the approved plan. On occasion, NCDENR staff is called upon to visit non -permitted sites that have been identified through citizen complaints or general concern by local officials. Page 7 SWU-264-103102 NPDES RPE Stormwater Permit Application 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List Contact Person for Overall NPDES Program: Contact Person for Erosion Control I3ertha L. Stone, Mayor City of Archdale P.O. Box 14068 Archdale, North Carolina 27263 336-431-9141 336-431-2130 (fax) archmayor@triad.rr.com triad.rr.com Steve Mauney, Regional Supervisor NCDENR — WSRO 585 Waughtown Street Winston-Salem, North Carolina 27107 336-771-4600 Contact Person for Stormwater Plan Review: Martin Myers, A1CP City of Archdale Planning Department 336-431-9141 336-431-2130 (fax) arch planner cr triad.rr.com Contact Person for Drainage System Maintenance: Contact Person for Public Information/Education: Contact Person for Construction Site Inspections Contact Person for Issuing Public Notices for our Organization: 4.2. Organizational Chart See Appendix -A- 4.3. Signing Official Bertha L. Stone, Mayor City of Archdale 4.4. Duly Authorized Representative Mike Shiner, Public Works Director City of Archdale Public Works Dept. 336-431-9141 Martin Myers, A1CP City of Archdale Planning Department 336-431-9141 Mike Shuler, Public Works Director City of Archdale Public Works Department 336-431-9141 Debbie Hinson, CMC Archdale City Clerk 336-431-9141 archclerk@triad. rr.com The City of Archdale does not wish use this option at this time. Page 8 SWU-264-103102 NPDES RPE Stormwater Permit Application 5. Co -Permitting Information (if applicable) The City of Archdale does not wish use this option at this time. 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity At this time the only other government entity that the city of Archdale is relying on a portion of its permit application activity is the NCDENR Division of Water Quality Sediment and Erosion Control Program. Listed below is the contact information for the local sediment and erosion control office. 6.1. Name of Entity NCDENR Division of Water Quality Sediment and Erosion Control Program 6.2. Measure Implemented The City of Archdale will continue to rely on the NCDENR Sediment and Erosion Control Program to comply with the construction site runoff controls portion of the NPDES Phase 11 program rules (for sites greater than 1 acre). 6.3. Contact Information Name of Entity: NCDENR - Division of Water Quality (WSRO) Contact Person: Steve Mauney, Regional Supervisor Contact Address: 585 Waughtown Street Winston-Salem, North Carolina 27107 Contact Telephone Number: 336-771-4600 6.4. Legal Agreements Legal agreements are currently in place with NCDENR Division of Water Quality to provide this service to the City of Archdale. 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts What pollutant source are you trying to address and why? List the targeted pollutants and give a brief explanation as to why these are selected. Write a narrative description of the approach you are going to take in your outreach program. Our program as envisioned, will focus on bringing basic information to the public about the importance of protecting the quality of our water supply lakes by preventing trash and other contaminants from being washed into our streams, creeks and rivers by stormwater. Decision Process: describe the decision process used to create this program element. Page 9 SWU-269.103102 NPDES RPE Stormwater Permit Application Work on this element began initially by creating an informal group of staff representing Phase I and Phase II cities within the upper Cape Fear basin. It was determined that many of the public education requirements could be addressed regionally as well as locally by partnering with a nearby Phase I community. The BMP's chosen by the City of Archdale will be performed locally, however the costs may be shared with other Phase I or Phase I1 cities. 7.2. Public Involvement and Participation Are you going to comply with the public hearing requirement to meet this minimum control measure? Yes Describe how you involved the public in developing your application A notice of Public Hearing was published in the High Point Enterprise (a paper of' regional distribution) on .January 14, 2003 and January 14, 2003. Describe the decision process used in developing your public participation process. (Who was involved what issues were important, what goals are you trying to achieve) A public hearing was held in the Archdale City Hall, Council Chambers on .January 28, 2003 for the purpose of review and discussion of the Phase lI application and rules. Michael Erwin of AMEC, Inc., gave a thirty -plus minute Power Point presentation that covered the goals of the program, the application process and the benefits to future water quality by detecting and eliminating illicit Stormwater system connections. Mr. Erwin was asked a single question by a member of the City Council concerning the meaning of NPDES. The public hearing was opened to those persons in the audience allowing them an opportunity to ask questions or comment upon the Phase II permit. 7.3. Illicit Discharge Detection and Elimination Storm sewer system neap: Describe how you are going 10 complete a storm sewer system map of oulfall locations. (What sources of information will you use? What form will the map take (digital, paper map)? What method will you use to verify the accuracy of the locations? Will you do field verification and if so, will you use any specific technology? How will you update the map, once data collection begins? Who will keep the map current? Where will the 117ap be located within the organization for the public to view or review if desired? Public Works Department employees will be used (with the assistance of student interns) to map illicit discharges along our storm sewer outfalls. USGS (or similar maps) will be used for all fieldwork. Information gathered will be given to the City Consulting Engineer to map using digital mapping methods. His office will maintain the maps to keep it current. Copies will be kept in the Planning Department and Consulting Engineer's office for public review. 7.3.1. Regulatory Mechanism Do you have an ordinance in place that prohibits non-stormwater from your drainage ,yslein? No Describe your process for developing a regulatory mechanism and when you plan on doing so. Page 10 SWU-264-103102 NPDES RPE Stormwater Permit Application Currently, we have ordinances in place that prohibit the connection of sanitary sewers to the Stormwater system. We plan in year one, to do an extensive review of this and other municipal ordinances to determine the need to modify and/or create an illicit discharge ordinance. 7.3.2. Enforcement Actions Describe the melhodoloSV you will use to take enforcement actions needed when yoz4 find an illicit connection. Include process you will follow if different from the method of adopting or amending your current ordinance. Currently, enforcement actions are as dictated in the relevant ordinance. For any new ordinances, the enforcement actions will be very similar to any existing ordinances and/or as dictated by State, Federal laws or local regulations. Methodology for enforcement will center on removing the illicit discharge. 7.3.3. Detection and Elimination Describe the plan you are going to follow to find and eliminate illicit connections. Address spills and illegal dumping controls as i-vell. Include procedures for locating high priority arc(is in the community; procedures for tracing the source of an illicit connection; procedures for remoi, ng the discharge and procedure's for prograrn evaluation and assessment. Periodic inspection of the storm sewer outfalls will allow municipal staff to identify and eliminate illicit connections. Industrialized areas will be an area of high priority and special focus given the potential for future illegal connections and dumping. Spills and illicit connections will be addressed using established remedies found in our local codes. How ivill you find illicit connections? Staff will conduct periodic inspections of our storm sewer outfalls to identify illicit connections. They will also perform dry weather field screening and act on complaints received through the public hotline. Now will you address spills, within your own operation and within the community? Every effort will be undertaken to contain the spill and remove the discharge material to the betterment of the stream or creek. Assistance from other resources may be called upon (i.e.. hire Department, City of High Point, NCDENR or Environmental Clean-up contractor) if necessary. How will you eliminate ern illicit connection or discharge? Staff will eliminate connections through aggressive enforcement of local codes and ordinances related to said illicit connections. Holm will you evaluate your program and make changes aver lime? Success of the program will be measured by reviewing the activity of the various components of the program as well as feedback from the community. 7.3.4. Illicit or Allowable The City of Archdale has determined that the following discharges will be considered allowable discharges for the purpose of this permit application. Page 11 5WU-264-103102 NPDES RPE Stormwater Permit Application l . Water line flushing: Allowable 2. Landscape irrigation: Allowable 3. Diverted stream flows: Allowable 4. Rising ground waters: Allowable 5. Uncontaminated ground water infiltration (as defined at 40 CFR §35.2005(20)) 6. Uncontaminated pumped ground water: Allowable 7. Discharges from potable water sources: Allowable 8. Foundation drains: Allowable 9. Air conditioning condensation: Allowable 10, irrigation water: Allowable 11. Springs: Allowable 12. Water from crawl space pumps: Allowable 13. Footing drains: Allowable 14. Lawn watering: Allowable 15. Individual residential car washing: Allowable 16. Flows from riparian habitats and wetlands: Allowable 17. Dechlorinated swimming pool discharges: Allowable 18. Street wash water: Allowable Allo-wable Are there other incidental discharges that you will define cis NON-STORMWATER and ILLICIT for purposes within your community? If yes, describe them and how you will address them in your program. At this time, we do not consider adding any additional items as illicit discharges. 7.3.4.1 Occasional and Incidental Discharges Given the infrequent nature of charity car washes, the municipality considers this to be an acceptable occurrence. However, limits as to the number of car washes permitted (two (2) per year per organization) will be established by municipal ordinance. All charity car washes shall prevent the runoff of wash waters into nearby storm sewers. No charity car washes will be permitted within one - quarter mile of an existing or proposed reservoir. 7.3.5. Public Outreach for Illicit Connections How will you inform the public and your employees about the hazards of illicit connections and illegal dumping? This activity should he coordinated with your Public Education Program and your Good Housing Keeping Program. As indicated in the Public Education portion of the program, every effort will be made to educate the public/employees on the importance of protecting our drinking water by acting proactively to prevent waste and illegal discharges from entering the storm water system. See Public Education/Public Involvement 7.3.5.1. Program Approach. Describe how you developed your program approach to illicit discharge elimination. How slid you choose your 13M1-'s rind your measurable goals? Our program was developed with the assistance of the North Carolina League of Municipalities with environmental expertise being provided by AMEC, Inc. BMI''s were chosen after careful consideration and discussion by municipal staff and representatives of AMCC. 7.3.5.2. Measurable Goals Page 12 SWU-264-103102 NPDES RPE Stormwater Permit Application Explain how you will evaluate the success of your program. What are the measurable goals fbr each BMP? Success of the program will be measured by reviewing the activity of the various components of the program as well as feedback from the community. 7.4. Construction Site Stormwater Runoff Control Are you going to use the Stale Sediment and Erosion Control program to comply with this minimum control measure? Yes if yes, who is responsible for the program in your community? NCDI,'-NR Regional Office - Winston-Salem (WSRO) How ii, ill you evaluate the program? What are your goals and lneasuresfor each ofyour BA4P.s•? City stafT will perform periodic inspections of all construction sites under the jurisdiction of NCDENR. Should the requirements specified in the approved Erosion Control permit be ill violation, the WSRO will be notified immediately by City staff. Citizen complaints and concerns will be forwarded to WSRO staff for follow-up inspection as required. 7.5. Post -Construction Storm Water Management in New Development and Redevelopment Do you currently have development standards that address slormwater management on new or redevelopment projects that disturb more than one acre of properly? No Do you have requirements for structural BMPs to control stormwater on site for new or redevelopment activities to control water quality? No If no standards and controls exist to control water quality, describe the process you will use to select the on -site controls and standards. City staff will consult with the City's Consulting Engineer to determine those methods and on -site controls that are most appropriate for our community and drainage area. Our ordinance will include requirements from the State including buffers and structural BMP's in high -density areas to control the difference in pre and post construction runoff from the one year 24 ]lour storm and removal of 85% of the total suspended solids. This portion of our Stormwater management plan will be implemented by March 10, 2005. Do you have a regulatory mechanism to address post -construction controls for water quality? No Describe holly you will develop a mechanism, what you are considering and when you will develop it. The requirement for the Necessary BMP's will be included in our current site plan review process. A requirement for follow-up inspections will be added to our procedures. The ordinance will also Page 13 SWU-264-103102 NPDES RPE Stormwater Permit Application establish a process for the inspection of BMI''s and define who will inspect them and establish an)' necessary fees related to such activity. This portion of our stormwater management plan will be implemented by March 10, 2005. If yes, do you have standards to control water quality, is long-term maintenance required and horn is it regulated? If no, describe how you will incorporate maintenance requirements. If no long-term mainlenance slrateg% is included in your program, describe the process you will use to establish a long-term maintenance strategT and the schedule you will follow. The community will develop standards for the inspection and long-term maintenance of structural BMP's. This policy will be in effect by March 10, 2005. Describe the process you followed in determining your plan of action for this minimum control measure. We concluded that this procedure was required by the regulation. What are your priority areas? Areas of high priority are highway commercial and industrial areas requiring large amounts of paved parking to support those uses. What conditions exist in your community that are unique or require tailored 13MPs? Archdale has a moderate topography that does not require tailored BMI''s. Describe your measurable goals and evaluation process. We plan to track and report the number of BMP's created under the regulation, track the number of those successfully inspected, and review the status of those requiring maintenance. 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Is your communily certified Environmental Management System community? Describe your program. Iwe, What are you currently doing that could he considered cis BMP strategies under the Permit? List measures and check to indicate thal you are going to use these to comply with the permit requirements. Periodic street sweeping of curbs and gutter, curbside pickup of recyclable items, covered area for equipment storage, the underground fuel storage tanks at the public works facility have been removed and closed, spill absorbent kit available at public works building and the public works facility is locked and made secure after regular working hours. List the municipal operations that will be impacled by this measure. Do you opercite or iiicrintciiri: L ist the municipal operations that must have a separate Industrial NPDES perrnil. They may include: • Vehicle maintenance, fiteling and repair facility for transportation vehicles public transit, ambulances, school buses, dump trucks, garbage haulers, parks vans for special aclivities such as prograins for the elderly, boat maintenance) • 111'astewater treatment plant over 1 mgd capacily • Landfill • Recyclables processing center for co -mingled materials Page 14 SWU-264-103102 NPDES RPE Stormwater Permit Application • Airport • Mining operations (i.e., borrow area for landfill operation) • Marinas An initial assessment of municipal operations was conducted on January 28, 2003 and at this time; it does not appear that the City of Archdale's municipal operations require industrial permitting. Describe your procedures for controlling floatable and other pollutants fr-orn the drainage system. If you do not have a plan, how will you address this in your permit? The community currently provides several services that by their nature have the effect of reducing f7oatable pollutants. We provide curbside recycling to reduce plastic and paper products from being improperly discarded along the roadside. Through the organizing; efforts of our Conlmunity Appearance Commission, citizens can participate in the Clean Sweep and Adopt-a-l-lighway programs. Describe your procedures for maintenance of the drainage system including inspection of the system. Ifyou do not have a plan, how will you address this in your permit? At this time, inspection and maintenance of the system is infrequent and performed only as needed. Beginning in Year 3 and after adequate training has been given, public works employees will perform seasonal inspections of the system that may coincide with other maintenance activities such as mowing of sewer right -of ways. Describe controls for reducing pollutants from parking lots, storage yards, waste transfer stations, outdoor storage areas at vehicle maintenance shops, salt storage and snow disposal areas. If you do not have a plan, how will you address this in your permit? We plan to develop a pollution prevention plan for municipal operations to address material storage, equipment storage, equipment maintenance, general housekeeping practices and I'OL storage practices. Describe your procedures for- the proper disposal of i,vcrsle rensoved fr-oiri your drainage system? If you do not have a plan, how will you address this in your permit? Maintenance staff will properly dispose of white goods and other debris in an approved permitted solid waste landfill. Household and other hazardous waste will be sent to the Household Hazardous Waste Facility located in Greensboro, North Carolina. What are your procedures to incorporate water quality controls within flood management projects? If you do not currently consider this in your program of flood management, how will you address this in your permit? The community encourages developers to incorporate NCDOT stormwater quality/quantity BMP's into their designs. Describe how you developed your pollution prevention plan for this permit. What important frctors did you consider? Act to eliminate stormwater pollution potential at municipal facilities and through local government policies and procedures, encourage the population of Archdale to comply with similar measures. What are your measurable goals and how will you evaluate them? To train 50% of our municipal staff that work with or around equipment that uses or carries POL products. Two times a year a "no notice" spot inspection may be conducted at each municipal Page 15 SWU-269.103102 NPDES RPE Stormwater Permit Application facility. The purpose of these inspections will be to assess good housekeeping, pollution prevention and OSHA practices. Page 16 5WU-264-103102 1. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Goals YR YR YR YR YR Responsible Position/Party 1 2 3 4 5 1 Mailers, brochures, posters Develop mailer for insert in utility bills and implement in X X X X Water/Sewer Collections Clerk Year 2. Target homeowners and businesses with messages about how they can reduce pollution picked up by stormwater. Track number of homes and businesses reached by mailer and report annually. 2 Use of Public/Gov't Cable TV and Develop press materials to run on our local government X X X X Planning Director other media cable channel and/or public television stations in Year 2. Target message about the importance of clean water and how stormwater gets dirty. Give tips on reducing pollution. Identify target audience and track the number of times shown; report annually. 3 Coordination with other in-house Provide education materials for City of Archdale X X X X X Public Works Director communication tools employees a minimum of once a year starting in Year 1. using existing distribution methods available. Focus on importance of carrying out their duties without impacting clean water. Track number of employees reached and number of education materials distributed and report annually. 4 Festivals, parades, local fairs Participate in the Archdale Heritage Festival annually by X X X X Planning Director providing a booth starting in Year 2 and report annually on event and message provided. Provide messages on the importance of dean water and on specific activities that can be carried out to help keep stormwater clean. 5 Library handouts Develop materials for distribution in local library in Year X X X X Planning Director 2. Focus messages on overall stormwater quality activities that can be addressed in the home. 6 Hotline Establish a hotline in Year 1 for communication with the X X X X X Water/sewer Collections Clerk public and publicize through utility bill inserts and public service ads. Track number and type of issues as well as disposition of call. Report annually on data gathered and issues addressed. Page 1 SWU-268-103102 2. BMP's and Measurable Goals for Public Involvement Program BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position/Party 1 Have a public hearing to inform the Conduct the public hearing, record the results and X Planning Director general public about the NPDES include in NPDES Phase II application. Note: A public Phase II program and elicit hearing was conducted on January 28, 2003 in the City feedback from the citizens or of Archdale City Hall. Archdale. Page 1 SWU-268-103102 3. BMP's and Measurable Goals for Illicit Discharge Detection and Elimination BMP Measurable: Goals YR YR YR YR YR Responsible Posibon/Party 1 2 3 4 5 1 Develop ordinance/amend existing Develop an ordinance within Year 1 and have the X X X X X Planning Director ordinance to include illicit ordinance adopted by the elected officials by end of detection, right of entry, and Year 1. Note date of adoption and copy of ordinance in prohibition of certain discharges, annual report file. enforcement actions and penalties for dumping, spills, and willful illicit connections Year 4. 2 Develop system map showing Prepare system map beginning in Year 1, in support of X X X X Planning Director outfalls and the receiving body of inspection program, completing one quarter of the water. Complete one -quarter of community each year, finishing in Year 4. The map will the community each year, updating note outfalls and receiving body of water for each any system changes within already outfall. Report annually on progress. mapped areas as they occur. 3 Develop fact sheets for public Prepare one fact sheet and distribute copies to City X X X X X Planning Director education program on illicit Hall, Library and Fire Department for pubic distribution. connections and spill management. Complete by end of Year 1 and provide samples in Place in the Public Library and annual report. Note date completed and number of provide to Fire Department for copies placed for distribution. distribution to industry. 4 Coordinate with local health Provide a fact sheet on septic system management in X X Planning Director department on failing septic City Hall and Library. Note date of distribution and systems, locating problem areas in number of copies placed. Complete by end of Year 4 the system map. Provide public and update in Year 5. information on septic system management. 5 Train employees on how to inspect Provide materials through HR to all employees in X X X X Planning Director for illicit connections and establish organization on illicit connections and how to recognize a tracking system for managing one. Complete by end of Year 2 and note date problem areas. distributed. Summarize in annual report. 6 Utilize local hotline set up under Maintain log of hotline calls and disposition. Note the X Planning Director Public Involvement Program for numbers that are related to illicit connections. Set up public reporting of illicit in Year 1 and report annually. connections. 7 Conduct inspections of outfall Inspect one quarter of the geographic area of the X X X X Public Works Director discharges during dry weather. community during dry weather conditions (i.e., has not rained in 72 hoursper year and test flows found at Page 1 SWU-268-103102 BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position/Party discharge points. Create database of outfalls, inspection date, findings and follow-up procedures. Report on number and actions taken in each annual report. Page 2 SWU-268-103102 4. BMP's and Measurable Goals for Construction Site Stormwater Controls BMP Measurable Goals YR YR YR YR YR Responsible Position/Party. 1 2 3 4 5 1 Continue to rely on the North Conduct random inspections of local land disturbing X X X X X Public Works Director Carolina Department of Natural activities that have a sediment and erosion control Resources Division of Water Quality permit, issued by NCDENR, to see if the site is in Sediment and Erosion Control compliance. The hotline will also act as a complaint Program to comply with this center for sedimentation issues. minimum measure. Monitor NCDENR program for effectiveness in the City of Archdale. Sites that are not in compliance with their sediment and erosion control permits will be reported to NCDENR. Follow-up actions by that office will be monitored. Create a database of findings and follow-up procedures, Page 1 SWU-268-to3102 S. BMP`s and Measurable Goals for Post Construction Site Management BMP Measurable Goals YR YR YR YR YR Responsible Position/Party 1 2 3 4 5 1 Develop standards and policies on Implement standards and practices for post- Planning Director BMPs for the development of new construction controls by March 10, 2005. Report properties or the redevelopment of annually on progress made, addressing plan review properties. Consider the following process, number of sites impacted, inspection practices, strategies in your program: and any follow up procedures implemented. In first report, document procedures followed in adopting program, including any input from the stakeholder communities. a. Policies and ordinances that provide requirements and standards to direct growth to identified areas b. Policies that protect sensitive areas such as wetlands and riparian areas c. Policies or standards that maintain and/or increase open space (including a dedicated funding source for open space acquisition) d. Policies or standards that provide buffers along sensitive water bodies e. Policies or standards that minimize impervious surfaces, f. Policies or standards that minimize disturbance of soils and vegetation g. Policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; h. Education programs for developers and the public about project designs that minimize water quality impacts (coordinate with Public Education minimum control measure) i. Source control measures often thought of as good housekeeping, preventive maintenance and spill prevention for new development as part of the regulatory controls; j. Storage practices such as wet ponds and extended detention outlet structures; k . Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips I. Infiltration practices such as infiltration basins and infiltration trenches. m. Design and control standards to address on site treatment for total suspended solids removal of 85% n. Standards for density of development limitations to reduce impervious coverage. 2 Establish regulatory controls for In Year 5 adopt an ordinance that requires the long X Planning Director ensuring long-term maintenance of term maintenance of structural controls for new and Page I SWU-268-103102 BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 Responsible Position/Party on -site structures redevelopment projects. In annual report, identify date of adoption, and procedures to be followed. Annually report on program status. Page 2 SWU-268-103102 6. BMP's and Measurable Goals for Post Construction Site Management for New and Redevelopment BMP Measurable Goals YR 1 YR 2 YR 1 3 YR 4 YR 5 Responsible Position/Party 1 Complete an inventory of facilities In Year 1 inventory facilities owned by the community X Planning Director that will be evaluated through an and prioritize them for an environmental audit. Report environmental audit to determine on the number and type of facilities that you will audit. potential pollution contributions. Page 1 SWU-268-103102 Public Education BMP Summary Table BMP: Mailers, brochures, posters Measurable Goals: Develop mailer for insert in utility bills and implement in Year 2. Target homeowners and businesses with messages about how they can reduce pollution picked up by stormwater. Track number of homes and businesses reached by mailer and report annually. Years Committed: Yr 2 Responsible Position/Party: Water/Sewer Collections Clerk Target Audience: Households, Farmers, Business and industry, Gas station owners, "Do-it-yourself" community, Elderly, and Gardeners BMP: Use of Public/Gov't Cable TV and other media Measurable Goals: Develop press materials to run on our local government cable channel and/or public television stations in Year 2. Target message about the :importance of clean water and how stormwater gets dirty. Give tips on reducing pollution. Identify target audience and track the number of time shown; report annually. Years Committed: Yr 2 Responsible Position/Party: Planning Director Target Audience: School Children, Households, Farmers, Business and industry, Gas station owners, and the Elderly BMP: Coordination with other in-house communication tools Measurable Goals: Provide education materials for City of Archdale employees a minimum of once a year starting in Year 1, using existing distribution methods available. Focus on importance of carrying out their duties without impacting clean water. Track number of employees reached and number of education materials distributed and report annually. Years Committed: Yr 1 Responsible Position/Party: Public Works Director Target Audience: City Staff BMP: Festivals, parades, local fairs Measurable Goals: Participate in the Archdale heritage Festival annually by providing a booth starting in Year 2 and report annually on event and message provided. Provide messages on the importance of clean water and on specific activities that can be carried out to help keep stormwater clean. Years Committed: Yr 2 Responsible Position/Party: Planning Director Target Audience: School Children, Households, and the Elderly HMP: Library handouts Measurable Goals: Develop materials for distribution in local library in Year 2. Focus messages on overall stormwater quality activities that can be addressed in the home. Years Committed: Yr 2 Responsible Position/Party: Planning Director Target Audience: School Children, Households, and the Elderly BMP: Hotline Measurable Goals: Establish a hotline in Year 1 for communication with the public and publicize through utility bill inserts and public service ads. Track number and type of issues as well as disposition of call. Report annually on data gathered and issues addressed. Years Committed: Yr 1 Responsible Position/Party: Water/Sewer Collections Clerk Target Audience: School Children, Households, Farmers, Business and industry, Gas station owners, "Do-it-yourself" community, and the Elderly Public Involvement Program BMP Summary Table BMP: Have a public hearing to inform the general public about the NPDES Phase II program requirements and to elicit feedback from the citizens of Archdale. Measurable Goals: Conduct the public hearing, record the results and include in NPDES Phase II application package. Years Committed: Before application submittal Responsible Position/Party: Planning Director Note: A public hearing was conducted on January 28, 2003 in the City of Archdale Town Hall. Illicit Discharge Detection and Elimination BMP Summary Table BMP: Develop ordinance/amend existing ordinance to include illicit detection, right of entry, prohibition of certain discharges, enforcement actions and penalties for dumping, spills, and willful illicit connections in Year 4. Measurable Goals: Develop an ordinance within year adopted by the elected officials by end of year one. have copy of ordinance in annual report file. Years Committed: Yr 1 Responsible Position/Party: Planning Director one and have the ordinance Note date of adoption and BMP: Develop system map showing outfalls and the receiving body of water. Complete one -quarter of the community each year, updating any system changes within already mapped areas as they occur. Measurable Goals: Prepare system map beginning in year one, in support of inspection program, completing one quarter of the community each year, finishing in year four. The map will note outfalls and receiving body of water for each outfall. Report annually on progress. Years Committed: Yr 1 Yr 2 Yr 3 Yr 4 Responsible Position/Party: Planning Director BMP: Develop fact sheets for public education program on illicit connections and spill management. Place in public library and provide to Fire Department for distribution to industry. Measurable Goals: Prepare one fact sheet and distribute copies to City Hall, Library and Fire Department for public distribution. Complete by end of year one and provide samples in annual report. Note date completed and number of copies placed for distribution. Years Committed: Yr 1 Responsible Position/Party: Planning Director BMP: Coordinate with local health department on failing septic systems, locating problem areas in the system map. Provide public information on septic system management. Measurable Goals: Provide a fact sheet on septic system management at City Hall and Library, Note date of distribution and number of copies placed. Complete by end of year four and update in year five. Years Committed: Yr 4 Yr 5 Responsible Position/Party: Planning Director BMP: Train employees on how to inspect for illicit connections and establish a tracking system for managing reported problem areas. Measurable Goals: Provide materials through HR to all employees in organization on illicit connections and how to recognize one. Complete by end of year two and note date distributed. Summarize in annual report. Years Committed: Yr 2 Responsible Position/Party: Planning Director BMP: Utilize local hotline set up under Public Involvement Program for public reporting of illicit connections. Measurable Goals: Maintain log of hotline calls and disposition. Note the numbers that are related to illicit connections. Set up in Year one and report annually. Years Committed: Yr 1 Responsible Position/Party: Planning Director BMP: Conduct inspections of outfall discharges during dry weather. Measurable Goals: Inspect one quarter of the geographic area of community during dry weather conditions (i.e., has not rained in 72 hours) per year and test flows found at discharge points. Create database of outfalls, inspection date, findings and follow up procedures. Report on number and actions taken in each annual report. Years Committed: Yr 1 Yr 2 Yr 3 Yr 4 Responsible Position/Party: Public Works Director Construction Site Stormwater Runoff Controls BMP Summary Table BMP: Continue to rely on the North Carolina Department of Natural Resources Division of Water Quality Sediment and Erosion Control Program to comply with this minimum measure. Conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by NCDENR, to see if the site is in compliance. The hotline will also act as a complaint center for sedimentation issues. Measurable Goals: Monitor NCDENR program for effectiveness in the City of Archdale. Sites that are not in compliance with their sediment and erosion control permits will be reported to NCDENR. Follow-up actions by that office will be monitored. Create a database of findings and follow up procedures. Report on number and actions taken in each annual report. Years Committed: Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position/Party: Public Works Director Post Construction Site Management for New and Re- development activities BMP Summary Table SNIP: Develop standards and policies on BMPs for the development of new properties or the redevelopment of properties. Consider the following strategies in your program: a. Policies and ordinances that provide requirements and standards to direct growth to identified areas b. Policies that protect sensitive areas such as wetlands and riparian areas c. Policies or standards that maintain and/or increase open space (including a dedicated funding source for open space acquisition) d. Policies or standards that provide buffers along sensitive water bodies e. Policies or standards that minimize impervious surfaces, f. Policies or standards that minimize disturbance of soils and vegetation g. Policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; h. Education programs for developers and the public about project designs that minimize water quality impacts (coordinate with Public Education minimum control measure) i. Source control measures often thought of as good housekeeping, preventive maintenance and spill prevention for new development as part of the regulatory controls; j. Storage practices such as wet ponds and extended detention outlet structures; k. Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips 1. Infiltration practices such as infiltration basins and infiltration trenches. m. Design and control standards to address on site treatment for total suspended solids removal of 85% n. Standards for density of development limitations to reduce impervious coverage. Measurable Goals: Implement standards and practices for post -construction controls by March 10, 2005. Report annually on progress made, addressing plan review process, number of sites impacted, inspection practices, and any follow up procedures implemented. In first report, document procedures followed in adopting program, including any input from the stakeholder communities. Years Committed: By March 10, 2005 Responsible Position/Party: Planning Director BMP: Establish regulatory controls for ensuring long-term maintenance of on - site structures. Measurable Goals: In Year 5 adopt ordinance that requires the long-term maintenance of structural controls for new and redevelopment projects. In annual report, identify date of adoption, controls and procedures to be followed. Annually report on program status. Years Committed: Yr 5 Responsible Position/Party: Planning Director Post Construction Site Management for New and Redevelop- ment activities BMP Summary Table BMP: Complete an inventory of facilities that will be evaluated through an environmental audit to determine potential pollution contributions. Measurable Goals: In Year 1 inventory facilities owned by the community and prioritize them for an environmental audit. Report on the number and type of facilities that you will audit. Years Committed: Yr 1 Responsible Position/Party: Public Works Director CITY OF ARCHDALE ORGANIZATIONAL CHART k 1�� • f f � . f1.��-^+ ve•.._. f {_ _._—__.—r___'__ ,_...... �.._ ._ _�tt'_ - i ' r k ' CITY OF ARCHDALE 307 BALFOUR DRIVE P.O. BOX 14069 ARCHDALE, NORTH CAROLINA 27263 PHONE. (336) 431-9141 FAX: (336) 431-2130 RESOLUTION Authorization to Submit National Pollutant Discharge Elimination System Phase 11 Permit Application and Stormwater Management Plan WI-1LREAS, The United States Congress passed the Clean Water Act in 1972 and amended said Act in 1987 to address controls for pollution carried by stormwater; W1-IEREAS, The Environmental Protection Agency (EPA) was authorized to define and proscribe a program of measures to improve the quality of water in our national and state streams, rivers and water bodies under the National Pollutant Discharge Elimination System (NI'DES) and promulgated Phase II rules on December 9, 1999 affecting; communities and institutions under 100,000 population; WI-IEREAS, the State of' North Carolina is delegated by EPA to establish a regulatory program for NPDES Phase II and has established rules and regulations as required; WHEREAS, the City of Archdale has been notified of and is legally designated to comply with the NPD1 S Phase II regulations as established by LPA and the State, requiring the submittal of a permit application and stormwater management plan: WHEREAS, the regulations require designation of the legally responsible party and authorization for submittal of the appfication and stormwater management plan; and WHEREAS, the City of Archdale supports the goals and objectives of the regulatory program to provide a safe and healthy environment for all its citizens; NOW TI-IEREPORE, the Archdale City Council on this day o-.2,,7, in 2003, is hereby resolved to the following: i. The Mayor of Archdale shall sign and submit on behalf of the City of., Archdale, no later than March 10, 2003, the necessary documentation for compliance with the NPDES Phase It program requirements as established by the State; and The Mayor of Archdale shall carry out all necessary strategies and requirements as set forth in the stormwater management plan developed and submitted as required by the NPDES Phase II regulations, to ensure compliance on behalf of the City of Archdale. Adopted by the Archdale City Council, this the ::-IS day of Mayor, Bert Lane Stone Debbie Hinson, City Clerk 2003. sl7-AL Mti. Ke. Nud y 941- &04 I CITY OF ARCHDALE Planning and Zoning Department P.O. Box 14068 Archdale, North Carolina 27263 Phone # 431-9141 Fax # 431-2130 NOTICE OF PUBLIC HEARING is hereby given that the Archdale City Council will hold a public hearing at 7 p.m. on Tuesday, January 28, 2003, at the Archdale City Hall for the purpose of discussing issues related to the submission of an application for a NPDES Phase 1I Stormwater permit pursuant to Title 15A, North Carolina Administrative Code 2H.0126. Persons having an interest in the aforementioned item are encouraged to attend and make their views known for or against. Debbie Hinson, City Clerk Pis. run on the 14" and 2 1 " days of January. Thank you! COPY CITY OF ARCHDALE 307 BALFOUR DRIVE P.O. BOX 14068 ARCHDALE, NORTH CAROLINA 27263 BERT LANCE STONE PHONE: (336) 431-9141 FAX: (336) 431-2130 MAYOR Agenda Archdale City Council Regular Meeting Tuesday, January 28, 2003 7:00 P.M. Please Note: There will be a Pre -Agenda Session at 6:30 p.m. 1. Call to Order, Welcome, and Register of Attendance. 2. Invocation. C(OPY 3. Pledge of Allegiance. 4. Council Action to Accept or Amend Agenda. 5. Consent Agenda: • Approval of Minutes from November 19`h, December 17`I' (Pre -Retreat), and December 17`h (Regular) Meetings. 6. Notices, Persons, and Petitions to be Heard. 7. Presentation of Annual Randolph County Economic Development Report. • Bonnie Renfro, President, RCEDC 8. Public Hearing: Stormwater Management Program (NPDES Phase 1I). 9. Public Hearing: Amendment to Zoning Ordinance Regarding Signage. 10. Consideration of Proposed City/County Library Agreement. 11. Discussion of Underground Storage Tank Limited Site Assessment. 12. Consideration of Reclassification of Public Works Technician. 13, Closed Session as per N.C.G.S. 143-318.11(a)(3) and (a)(5) for the purpose of consultation with City Attorney and consideration of real property. 14. Additional Items. 15. Adjournment. CITY OF ARCHDALE 9 307 BALFOUR DRIVE P.O. BOX 14068 ARCHDALE, NORTH CAROLINA 27263 BERT LANCE STONE �1 r�Afl�' PHONE: (336) 431-9141 FAX: (336) 431-2130 MAYOR ARCHDALE CITY COUNCIL REGULAR MEETING TUESDAY, 3ANUARY 28, 2003 7:00 P.M. MEMBERS PRESENT: Mayor, Bert Stone; Council members Roger Blackwell, Lewis Dorsett, Roger Hill, and Larry Warlick. MEMBERS ABSENT: Council members Eddie Causey and Trey Gray. OTHERS PRESENT: Manager, Gary Parker; City Attorney, William Miller; Planning/Zoning Director, Martin Myers; Code Enforcement Officer, Jeffery Wells; Chief of Police, Gary Lewallen; Archdale/Trinity News, Misty Keiser and Virginia Walker; High Point Enterprise, Pat Kimbrough; Finance Department, Patsy Dougherty; and City Clerk/Finance Director, Debbie Hinson. ITEM 1. Call to Order. Mayor Stone called the Tuesday, January 28, 2003 Regular Meeting to order. She asked Chief Lewallen to make sure those present signed the Attendance Sheet for the record. She welcomed everyone present and thanked him or her for his or her interests and concerns on the interests that face the community and city. ITEM 2. Invocation. Mayor Stone gave the invocation. ITEM 3. Pledge Of Allegiance. Mayor Pro- Tem Dorsett led the Pledge ojAllegiance. ITEM 4. Council Action To Accept Or Amend Agenda. Mayor Stone called for any changes to the January 28, 2003 Agenda. With no changes to the January 28, 2003 Agenda, Council member Warlick moved to accept the Agenda aspresented. Council member Blackwell seconded the move to motion. The move to motion and second was approved unanimously by all Council members present ITEM 5. Consent Agenda: • Approval of Minutes from November 19''', December 170', (Pre -Retreat), and December 17a' (Regular) Minutes. Willi no changes, Council member Blackwell moved to make a motion to accept the Consent Agenda as presented Council member Warlick seconded the move to motion. The move to motion and second was approved unanimously by all Council members present ITEM 6. Notices, Persons, And Petitions To Be Heard. Mayor Stone opened the meeting to anyone that wished to bring any items before Council not listed on the Agenda and asked that comments be limited to three (3) minutes. 4 2002. The state provides some very enhanced tools for communities and economic development agencies to use within the State Development Zone. 'There is new area that is a part of the City of Archdale that has become a part High Point's Development Zone. The boundary of that is Surrett Drive. It goes south to Sealy Drive to the Intersection of Trindale Road (NC 62) and goes up past the Guilford County border and includes the residential area that is part of the City of Archdale that borders Guilford County in that proximity. The western portion of this development zone for the City of Archdale includes a strip that is Uwharrie Drive from the county line south to Sunset Extension. These are areas that have residential, industrial, and commercial possibilities. The tools that this would bring to Archdale are the companies that would locate or grow their business in this area are entitled to very substantial tax credits. This is a Statutory Program and all they have to do is to come forward and ask for this. You have a particular opportunity in Community Development Block Grants for development in these areas where you would have the opportunity to waive the local match. This would allow you to get the entirety of the Grant from the State without having local dollars to put into this project. I wanted to share this with you so that as you think about how you could use this tool for the growth for the City of Archdale you could use these tools not only on industrial sites but for other types of growth that you plan or are experiencing. There may be an opportunity to use this on the housing side or in another area with special needs. There is another program called the Zone Improvement Program that might be used to refurbish, or redevelop a building that has fallen into disrepair. This can be used for any development purpose even recreation. I will be glad to share additional information with Manager Parker on these programs. They are good for two (2) more years. We are looking at how we can partner with you. We would like to be a partner with you in your effort to grow in the industrial and business base. We appreciate your support and welcome any feedback. Council member Dorsett stated that economic growth was one of the items listed on the Annual Retreat Agenda. We have been thinking about this. ITEM 8. Public Hearing: Stormwater Management Program (NPDES Phase II) or (National Pollutant Discharge Elimination System) Mayor Stone opened Item 8 and introduced Michael Irwin with AMEC to describe the program to Council and what the City is doing to meet the requirements of the deadlines. Mr. Irwin discussed his presentation (attached) with Council. Highlights from this presentation included the following. • What is Stormwater Pollution. What are the Benefits of Managing Stormwater. • The Six (6) minimum Control Measures for Stormwater and how to implement them. • Evaluation and Assessment Requirements. • Reporting and Record keeping Requirements. • How to Meet the Requirements for Stormwater Phase Il. • Applications and Deadlines. • How to pay for the Stormwater Management System. • How to work with other communities. After review of these items and the conclusion of Mr. Irwin's presentation, Mayor Stone opened the Public Hearing to anyone who wished to speak in support of this item. Hearing none, Mayor Stone opened the Public Hearing to anyone who wished to speak in opposition of this item. Hearing none, Mayor Stone closed the Public Hearing. 4 No action was required on this item by CounciL ITEM 9. public Hearing: Amendment to Zoning Ordinance Regarding Signage. Mayor Stone asked Mr. Myers to address Council on this item. Mr. Myers advised Council that the Community Appearance Commission and the Planning Board had reviewed this Ordinance. Suggested changes from both have been incorporated into this document. This Ordinance will allow staff to have more say so as to the consistency of the signs. This will cause the developer to demonstrate that they have or will do what is required in this Ordinance. We are already receiving some comprehensive plans from the developers as they relate to the Main Street Overlay. This will also give us the ability to limit the size of a wall mounted sign and make it proportional to the wall size that it will be mounted on. At this time, Mayor Stone opened the Public Hearing to anyone who wished to speak in support of this item. Hearing none, Mayor Stone opened the Public Hearing to anyone who wished to speak in opposition of this item. Hearing none, Mayor Stone closed the Public Hearing and turned the item over to Council for discussion and action. Council member Dorsett asked if the portion on the last page pertaining to signs prohibited referred to flat sheet metal that was painted. Mr. Myers stated this was correct. Attorney Miller asked if the Zoning Administrator approved the Master Signage Plan or Common Signage Plan. There was discussion between Council members, Attorney Miller, and Mr. Myers concerning the need for defining the term "Enforcement Officer", as used on page 2, paragraph 2. Council member Blackwell stated that he felt this needed to be defined or changed not only for usage in this document but for any other causes that may arise as well since the city had a Code Enforcement Officer, Mr. Jeff Wells. After further discussion, Attorney Miller made the following recommendations for changes in this document. I . Section 9.9: Paragraph 1, Sentence 1; delete the words "unless" and "and"; change the ending of sentence one (1) to read "has been approved by the Zoning Administrator." 2, Section 9.9: Section C-2; Replace "Enforcement Officer" with "Zoning Administrator or his agent." This will allow the Zoning Administrator to designate an agent. 3. Review the document and make needed changes to reflect the changes made in Zoning Administrator or his agent. With no further discussion, Council member Dorsett moved to make a motion to approve the Ordinance per the changes recommended by the City Attorney, the wording. Council member Hill seconded the move to motion. The move to motion and second was approved unanimously by all Council members present ITEM 10. Consideration of Proposed City/County Library Agreement. Mayor Stone opened the item and asked Manager Parker to brief Council. Manager Parker advised Council that there were two (2) agreement copies in their packet. One is the final after the draft version that is located behind it. As I explained in the memo attached, I felt the italicized language was not a good idea as was initially proposed in the committee meeting . The underlined