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NCS000444_FINAL PERMIT_20080901
STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. o u (.� DOC TYPE U,,FINALPERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ OOJ YYYYMMDD North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 1, 2005 Ted Horne Mayor, City of Lowell 101 west First Street Lowell, North Carolina 28098 Subject: NPDES Permit Number NCS000444 Gaston County, City of Lowell Dear Mr. Horne; In accordance with your application for a stormwater discharge permit received on March 11, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: htip:/lh2o.enr.state.nc.us/su/NPDES Phase H Stormwater Program.htm If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other state, federal or local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919.733.24961 Internet: h2o.enr.state.nc.us An Equal Opportunily/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarolina ;Vatutullff If you have any questions concerning this permit, please contact Ken Pickle at telephone number 919/733-5483 ext. 548. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV DWQ Central Files Stormwater Permitting Unit Files DWQ Mooresville Regional Office STATE of NORTH CAROLINA DEPARTMENT' of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000444 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, City of Lowell is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Lowell Jurisdictional Area Gaston County to receiving waters South Fork Catawba River, Duharts Creek, and unnamed tributaries to them, all within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, V1I and VM hereof. This permit shall become effective October 1, 2005. This permit and the authorization to discharge shall expire at midnight on September 30, 2010. Signed this day September 1, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS Permit No. NCS000444 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the City of Lowell is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters South Fork Catawba River, Duharts Creek, and unnamed tributaries to them, all within the Catawba River basin. Such discharge shall be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Plan, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase IT Municipal NPDES Stormwater Permit Application, Comprehensive Stormwater Management Program Report, and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 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 the 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 may 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 shall 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 Plan. The purpose of the Stormwater Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance Part I Page 1 of 2 Permit No. NCS000444 with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Plan and other components of this permit shall 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 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 NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 Permit No, NCS000444 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee shall 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 shall develop and maintain adequate legal mechanisms, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee shall keep the Division advised of the status of development of appropriate ordinances and legal authorities and shall pursue these authorities in accordance with the schedule outlined in the Storrwater Plan. 2. The permittee's Stormwater Plan shall 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 shall 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. The permittee shall implement the components of the Stormwater Plan to prohibit illicit connections, spills, and illegal dumping into the MS4. 4. The permittee shall 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 shall include the provisions of this permit. 5. The.permittee shall maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee shall 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 shall 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 shall 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 shall include provisions for long- term operation and maintenance of BWs. Part U Page 1 of 12 Permit No. NCS000444 9. The permittee shall evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part H Page 2 of 12 Permit No. NCS000444 SECTION B: PUBLIC EDUCATION AND OUTREACH ]. 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. L'r fiI3MPy r �'" r -r • s, r'4 d •Y"^�r q*S5" h' Ah4 ~�11� ,i i .Mr or{�` 1Vlcasurable.Goals�t*�� 5 :` k A k'f r u"` "pYF - 'r'' J �yxik , .� ,YR YR 7"4 9SYIt 3. _.... YIt .� , i' ,. (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) Public education Develop general stormwater educational X X X X X materials for schools, material to appropriate target groups likely homeowners, and/or to have a significant stormwater impact. businesses Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. (c) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part H Page 3 of 12 Permit No. NCS000444 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� � '�' s"r` -..•.- 'ti = Measurable�Goalsy �YR�YdRYRYR= YR" ..�� '� •:,t§ � »� ��` a. ia,�`�f�u U �4~; � �,. �1" -. $`{' 2 "�� ,j '� r v t r- trk,:...irY•ri:".'r»sai:':%:3,f++}1u1_.,�.1. cG.-k-`tv_:.'i3xi ^i_Sv'""sSn..hh�'' '(5.+7,� .. .:.:. -1�' 7 ..r.....__........ ..u. i s .iii_ F-•, -,4.c .ac;� �4i. S J �r::K. (a) Administer 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 X X X X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) stormwater issues and the stormwater program. Part H Page 4 of 12 Permit No. NCS000444 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. � ? �X µP,.h�R, Measurablos W.,ffis, cw�y�K~YII 1. , ' ..�a.., . «_. 1r r, �_� (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 Program assessment and evaluation. (b) Establish and Establish and maintain adequate legal X X X maintain appropriate authorities to prohibit illicit discharges legal authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a storm Identify outfall locations and map X X X X X sewer system base stormwater drainage system components. map At a minimum, mapping components include outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to update the map of drainage system components on a priority basis per the approved Illicit Discharge Program.' Part H Page 5 of 12 Permit No. NCS000444 -+� � "' -Y ems• , j BMI'�" g � MeasurablGoals��YRYR � c YR x- YfRyFRs '• Y (e) Conduct employee Conduct training for municipal staff on X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and 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 reporting mechanism mechanism for the public to report illicit discharges. Part H Page 6 of 12 Permit No. NCS000444 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, for 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 shall implement the following BMPs to meet the objectives of the Construction Site Runoff Controls and shall notify the Division prior to modification of any goals. jBNLP1 w Yy.1Vleasurable�Goals.�r �j .u•� 'i f �¢ N 1 'i - ✓ j.'S4 .�wi� S^4�j `� 3{ �.A� YR Wpi^- 1+ 4 „ _ A, (a) implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory and sediment controls at construction sites mechanism for and providing for sanctions to ensure erosion and sediment compliance. Instead of originating a new control program, the permittee may elect to comply by relying on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the delegated DLR program only to the extent that that program satisfies all of the . followin BMPs. (b) Develop requirements Require construction site operators to X X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water quality impacts. Part It Page 7 of 12 Permit No. NCS000444 K BMP y�_j t 1 Measurable Goals 'ti». �. YR" YR -W'YR YW �,v.I.I f4.JN. �,i:..—cu:eC.; :i .,.Sti..,.d-�✓%7. „M. _.1- •.1� �i ?r F�;ii_ 4r (c) Provide educational New materials may be developed by the X X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the permittee's construction runoff controls program. (d) institute plan reviews Review construction plans and establish X X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X X information consideration of erosion and procedures sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (t) Establish inspection Establish procedures for site inspection X X X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. The permittee relies on Gaston County to comply with this minimum measure. The preceding table is modified by the following: ➢ The permittee shall conduct random inspections of local land disturbing activities that have sediment and erosion control permits, issued by Gaston County, to see if the sites are in compliance. ➢ The permittee shall monitor the Gaston County program for effectiveness in the permittee's jurisdiction. ➢ Sites that are not in compliance with their sediment and erosion control permits shall be reported to the Gaston County agency responsible for the program. ➢ Follow-up action by that agency shall be monitored. ➢ The permittee shall maintain a record of findings and follow-up procedures. 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 NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Part 11 Page 8 of 12 Permit No. NCS000444 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 safe. (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 permittee shall implement the following BMPs to meet the objectives of the Post - construction Site Runoff Controls Program and shall notify the Division prior to modification of any goals. tsir.r'i; ��. r �BNIPk 9 S. V { Measuralile';Goafs f �� _, aYR F, ;8 � �'YR 1�YR tYR i�411' Y'¢�^' :� th, 9 c T" `aa� _ � � �.��- '�_ �r.,t 2 3 4. .S i'..>,.rR-m ti = ... .� � .� .. ��. �� , �' ,� � 14s� . .�a, . s �: � �� . 5 �-.::.,�z � �.,_. �._���� �r.�„_. • �.s ,��• � , (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X X Construction Site regulatory mechanism), implement, and Runoff Controls enforce a program to address stormwater Program (hereafter the runoff from new development and Program) redevelopment. The. ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a mechanism MS4 to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to the X X X X X control the sources of maximum extent practicable. Develop and fecal coliform to the implement an oversight program to ensure maximum extent proper operation and maintenance of on -site practicable wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part H Page 9 of 12 Permit No. NCS000444 3. The evaluation of Post -construction Site Runoff Controls 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-1-- 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 Site Runoff Controls 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; (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 feet landward of perennial and intermittent surface waters; and, Part 11 Page 10 of 12 Permit No. NCS000444 (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-cotstruction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part II Page 11 of 12 Permit No. NCS000444 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 objective of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. �� BMPw Y' F Y K= MeaSurablc Coals y� 549 2 1t}F y i1 n 'J ` F, YR` 4 �Y a �,ygJ3e-s°,—r'.t gin (a) Develop an operation Develop an operation and maintenance X X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X 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 accom lishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping procedures. Part 11 Page 12 of 1? Permit No. NCS000444 PART III PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan shall 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 shall 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 shall be reviewed and updated as necessary, but at least on an annual basis. The permittee shall submit a report of this evaluation and monitoring information to the Division on an annual basis. This information shall be submitted by November 30 of each year and cover the previous year's activities from October 1 to September 30. The permittee's reporting shall include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and shall include, but is not limited to, the following components: (a) The permittee shall give a detailed description of the status of implementation of the Stormwater Plan. This shall 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 shall adequately describe and justify any proposed changes to the Stormwater Plan. This shall include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee shaft document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Flan. In addition, any changes in the cost of, or funding for, the Stormwater Plan shall be documented. (d) The permittee shall 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 shall 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 shall provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary shall include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and Part III Page 1 of 2 Permit No. NCS000444 review of the storm sewer system, education, training, and results of the illicit discharge detection and elimination program. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee shall 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 shall provide certification in writing (in accordance with Part N, 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. NCS000444 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality. Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official, or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: " I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and'evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 Permit No. NCS000444 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. 'Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. S. Annual Reporting The permittee shall submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part 1V Page 2 of 2 Permit No. NCS000444 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 I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class i violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations Part V Page 1 of 6 Permit No. NCS000444 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 U 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 which 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. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 Permit No. NCS000444 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 to be kept 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 that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 Permit No. NCS000444 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 Permit No. NCS000444 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. . 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 Permit No. NCS000444 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 6 of 6 Permit No. NCS000444 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. a]. Part VI Page 1 of 1 Permit No. NCS000444 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part V11 Page 1 of 1 Permit No. NCS000444 PART VIII DEFINITIONS 1, Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. Part VIII Page 1 of 4 Permit No. NCS000444 6. Dc_ ap rtment Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWQ� The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. 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. 1 t. 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. B. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VIII Page 2 of 4 Permit No. NCS000444 14. Municipal Separate Storm Sewer System (MS4� Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; 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 BMA 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 Part VIE Page 3 of 4 Permit No. NCS000444 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. 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 VICI Page 4 of 4 City of Lowell CC DEMW =11RONNEW1 AMD [L=RAL REMURCE5 �:.00REV' NIL OFFf OCT 0 1 200A ULIVI N Ik Storm Water NPDES Phase 11 Permit • Submitted on 03/01/03 r-] Table of Contents. Applicant Status Information 1 RPE/MS4 System Information i Existing Local Water Quality Programs 2 Receiving Streams 2 CO -Permit Application Status Information 2 Reliance on Another Entity to Satisfy One or More of Your Permit Obligation 3 Delegation of Authority 3 Signing Official's Statement 3 MS4 Contact Information 4 Permits and Construction Approvals 5 . Public Education and Outreach on Storm Water Impacts 6 Public Involvement and Participation 7 Illicit Discharge Detection and Elimination 8 Construction Site Stormwater Runoff Control I I Post -Construction Storm Water Management in New Development and 12 Redevelopment Pollution Prevention/Good housekeeping for Municipal Operations 13 Appendix A BMP's 15 Appendix B Organization Chart 20 Appendix C Contact Sheet 22 L� Table of Contents Cont. Appendix I) Flood Plan Ordinance 24 Appendix E Delegation of Authority 26 Appendix F Advertisements 28 Appendix G NPI)FS Waste Water Discharge Permit 31 .7 e State of North Carolina OFFIC USE Department of Environment & Natural Resources Date Rec'd Division of Water Quality Fee Raid Permit Number 10 NPDES STORMWATER PERMIT APPLICATION FORM is 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 WDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Lowell Seeking Permit Coverage b. Ownership Status (federal, Local 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) Gaston f. Jurisdictional Area (square 2 miles g. Population Permanent 2667 (according to the 2000 census) Seasonal (if available) h. Ten-year Growth Rate -.01 i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 2 b. River Basin(s) Catawba c. Number of Primary Receiving Streams 2 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 75 • Commercial 5 • Industrial 5 • Open Space 15 Total = 100% (this was established using the official zoning ma e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No _ NPDES RPE Stormwater Permit Application 1. Briefly describe the system. This should detail the use of ditches, infiltration ditches, pipes, and maintenance. • Currently the City has a mixture of ditches and pipes that channel the stormwater to the outfalls. The pipes are located mainly on the state maintained roads were there is curb and guttering. The ditches are located through out the rest of the city. The public works director is in charge of overseeing the maintenance and repair of this system. The maintenance is done on an as needed basis. 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 Receiving Streams `fable 1. River Basin Receiving Stream Name Stream Segment Water Quality Classification Use Support I Raton Water Quality Issues South Park Catawba 1 1-129- (15.5) WS-V Not Related Duharts Creek 1 1-129-19 WS-V Not Related • IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a permitted Phase I entity? b. if so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ® No permittees? • Page 2 NPDES RPE Stormwater Permit Application • • V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our rmit obligations? ® Yes ❑ No b. If yes, identify. each entity and the element they will be implementing • Name of Entity NCDENR • Element they will implement Soil and Erosion Control • Contact Person Matt Heller • Contact Address 919 N. Main St. Mooresville, NC 28115 • Contact Telephone Number 704-663-1699 c. Are legal agreements in place to establish responsibilities? ❑ Yes ® No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority Ben T. Blackburn has been delegated b. Title/position of person above City Manager 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 qualifled personnel properly gather and evaluate the information submitted. Based on my inquiryof 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. lam aware that there are significant penalties for submitting false information, including the possibility of fines and iirrgr' nment for knowing violations. Signature 1--- Name Ted Horne Title Mayor Street Address 101 West First St. PO Box City Lowell State NC NPDES RPE Stormwater Permit Application Zip 28098 Telephone 704-824-3518 Fax 704-824-4700 E-Mail 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 Ben T. Blackburn b. Title City Manager c. Street Address 101 West First St. d. PO Box e. City Lowell f. State NC g. Zip 28098 h. Telephone Number 704-824-3518 i. Fax Number 704-824-4700 j. E-Mail Address L' 11 • NPDES RPE Stormwater Permit Application C7 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 Management Program b. UIC program under SDWA c. NPDES Wastewater Discharge Received Permit Number d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for 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 section 404 of CWA 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-26$). 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. 1. Stormwater Management Program Plan You must develop, implement, and enforce a stormwater management program (SWAP) designed to reduce the discharge of pollutants from your small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act, The SWMP must be developed and fully implemented within five years from the effective date of the issued NPDES stormwater permit. For each of the measures listed below, provide a table that summarizes what best ® management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation. An example BN P summary table is provided in Appendix A. NPDES RPE Stormwater Permit Application I.I. Public Education and Outreach on Storm Water Impacts You must implement a public education program to distribute educational materials to the community or O conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. Include the following information to explain your proposed program to meet these requirements. 1.1.1. BMP Summary Table See Appendix A 1.1.2 Target Audience: Explain the target audiences for your education program. Target audiences shouh those likely to have significant storm water impacts (including commercial, industrial and instituti entities). Describe why those target audiences were selected. The city has targeted the households, employees, and all commercial operation. All of these group will have an effect on storm water. The house holds may dam up and cause rerouting of the flow, while the commercial activities may increase the amount of impervious area thus resulting in runoff. 1.1.3 Target Pollutant Sources: Explain what target pollutant sources your public education program is designed to address and why those sources are an issue for your MS4. Trash: Trash will not only contaminate to water within the MS4 but may also cause'problems for the water treatment plant, which is located down stream of the MS4 discharge Sediment: Sedimentation will not only increase the cost of production for our water plant but also can clog pipes and other transportation equipment for the storm water Disposal of household chemicals and used oil: Used oil will contaminate the ground water. The ground water is were the City source of water is ultimately obtained from. Application of lawn care products: Lawn care products which are applied and allowed to run off into the • system help to provided nitrate which several organism live off of These organisms often have a negative impact on the system Car Washing. As a largely residential community car washing can have a dramatic effect on the pollutant in the runoff. 1.1.4 Outreach Program: Describe your outreach strategy, including the mechanisms (e.g., printed brochz newspapers, media, workshops, etc.) you will use to reach your target audiences , and how many people do you ex to reach by your outreach strategy over the permit term. Explain how you plan to inform individuals and housch about the steps they can take to reduce storm water pollution and how you plan to inform individuals and group how to become involved in the storm water program (with activities such as local stream and beach restora activities). Lowell will be using a number of different outreach programs. The city will develop a printed media that can be ran a local newspaper, and placed at key public location. The city may also explore the use of mass mailing. These mailing may be placed in the utility bills or as a separate insert in the bills, Also with this program there will be several public hearing on the proposed ordinances that the people may attend. The city predicts that at least 2,000 people of its current population of around 2,600 will be aware of the stonnwatcr and the problems associated with illicit discharge by the end of the filth year. 1.1.5 Decision Process: Document your decision process for the development of a storm water public education and outreach program. Your rationale statement must address your overall public education program and the individual BMPs, measurable goals and responsible persons for your program. The responsible person for the educational program will be the City Manger Ben Blackburn. The program will be aimed at the general population and the commercial activities that take place with in the city jurisdiction. The city will prepare an education plan in the coming years that will outline each step • that will be needed for an effective program. The city will then develop printed material that may be distributed on a number of different pollutants and programs. The city will also educate the employee who serve the citizen to ensure that they are capable of answering any question that might come up. NPDES RPE Stormwater Permit Application from the effective prohibition against non -storm water and need only be addressed where they are identific, significant sources of pollutants to waters of the United States). • You may also develop a list of other similar occasional incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing these discharges to your MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodics, BMPs). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to your MS4. At this time the City will allow all of the above named pollutants to discharge into the system. 1.3.11 Outreach: Describe how you plan to inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Include in your . description how this plan will coordinate with your public education minimum measure and your pollution prevention/good housekeeping minimum measure programs. The city will be using printed material that can be distributed to the general population through the use of mailers, The public employees will have materials distributed by the city manager on a regular basis that goes over storm water and what effects it can have on the environment. This will coordinate with the BMP's outlined in appendix A. 1.3.12 Decision Process: Document your decision process for the development of a storm water illicit discharge detection and elimination program. Your rationale statement must address your overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and responsible persons for your program. The city developed the BMPs by examining what it currently has in place. The city has only recently seen enough development pressures to cause concern about storm water runoff and will be addressing this issues using the BMPs outlined in this permil. This includes first nmipping the area. Second we must write an ordinance for the city. Third we need to educate the employees and officials on the effects of Stonnwater. Lastly is the education of the public. The responsible person for the program as it stands will be the City Manager . 1.3.13 Evaluation: Explain how you will evaluate the success_ of this minimum measure, including the measurable goal. - each of the BMPs. Goal I Develop an ordinance. The City will develop an ordinance that is easily understood by the local population. The City will be able to measure the effects of the ordinance by the decrease in the number of illicit connection or discharges. Goal 2 Develop a system map. The City will develop a system neap for use as a reference material to developers, citizens, and City official. The City plans on having; the whole system mapped in five years. Goal 3 The City will develop a fact sheet that will be placed in public areas in order to ensure that the general public will have access to information on illicit discharges. Goal 4 the City will provide information to the einployces on illicit connection. The effects can be measured by noting (lie employees complaint and if the complaint had merit. Goal 5Tbc City will develop a sop for cnforccmcul. The SOP can be measured by the number of cases cleared each year. NPDES RPE Stormwater Permit Application 4 1.3.5 Detection and Elimination: Describe your plan to detect and address illicit discharges to your system, inclul discharges from illegal dumping and spills. Consider the use of Best Management Practices (BMPs) such as weather field screening for non -storm water flows, field tests of selected chemical parameters as indicator discharge sources and on -site sewage disposal systems that flow into your storm drainage system. Your descrile must address the following, at a minimum: The City will use a combination of dry weather checks and water sampling, to detect and eliminate illegal discharges. Using the data collected from the sampling of the outfalls the City will be able to locate high priority areas and address these through proper education and enforcement. The City will try to locate the illegal discharge of into the Stonnwater system when through chemical test an abnormal chemical level is detected. The easiest and simplest way for the City to locate the source is by taking measurement along the feeding and receiving streams until one area can be identified as having the highest concentration_ . Visual inspection will take place after the area has been identified. 1.3.6 Procedures for locating priority areas which includes areas with higher likelihood of illicit connections (e.g., areas with older sanitary sewer lines, for example) or ambient sampling to locate impacted reaches. Procedures for tracing the source of an illicit discharge, including the specific techniques you will use to detect the location of the source. Illicit connections that can be traced during the collection of water samples will be located. Furthermore gray water will also be addressed through education a program that inform and encourages the citizens to report or correct the discharges. Also the City will be visually inspecting the areas during their normal work duties as soon as we can train our employees to detect these connections. 1.3.8 Procedures for removing the source of the illicit discharge.? The city will plan to eliminate illicit connection or discharges by first educating the population. After the education phase we will develop an ordinance that will provide us with all the enforcement ability given to us by the stale. if the violation continues then we will seek help from the regional office for NCDENR. The city will respond to spills into our Stonnwater system that have the potential to be hazards. We will use the Hazards Response Guidelines in place in our fire department. 1.3.9 Procedures for evaluation of the plan to detect and eliminate illicit discharges. Our program will be evaluated by using the water quality data collected over tlic years. If at the end of five years we do not see a degradation of water quality or a decrease in water quality then the program will be determined that it is effective. 1.3..10 Hon Stormwater Discharges: Address the following categories of non -storm water discharges or flows (i.c., it discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flush landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration defined at 40 CFR §35.2005(20)), uncontaminated pumped ground water, discharges from potable water soul foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, foc drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorin swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded • NPDES RPE Stormwater Permit Application the effective prohibition against non -storm water and need only be addressed where they are identified as signifi. sources of pollutants to waters of the United States). You may also develop a list of other similar occasional incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing; these discharges to your MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BM.Ps). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a provision prohibiting; any individual non -storm water discharge that is determined to be contributing; significant amounts of pollutants to your MS4. At this tine the City will allow all of the above nained pollutants to discharge into the system. 1.3.11 Outreach: Describe how you plan to inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Include in your description how this plan will coordinate with your public education minimum measure and your pollution prevention/good housekeeping; minimum measure programs. The city will be using printed material that can be distributed to the general population through the use of mailers. The public employees will have materials distributed by the city manager on a regular basis that goes over storm water and what effects it can have on the environment. This will coordinate with the BMP's outlined in appendix A. 1.3.12 Decision Process: Document your decision process for the development of a storm water illicit discharge detection and elimination program. Your rationale statement must address your overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and 10 responsible persons for your program. The city developed the BMPs by examining what it currently has in place. The city has only recently seen enough development pressures to cause concern about storm water runoff and will be addressing this issues using the BMPs outlined in this permit. This includes first mapping the area. Second we must write an ordinance for the city. Third we need to educate the employees and officials on the ef%cis of Stormwater. Lastly is the education of the public. The responsible person for the prograin as it stands will be the City Manager . 1.3.13 Evaluation: Explain how you will evaluate the success of this minimum measure, including; the measurable goal! each of the BMPs. Goal 1 Develop an ordinance. The City will develop an ordinance that is easily understood by the local population. The City will be able to measure the effects of the ordinance by the decrease in the number of illicit connection or discharges. Goal 2 Develop a system map. The City will develop a system inap for use as a reference material to developers, citizens, and City official. The City plans on having the whole system mapped in five years. Goal 3 The City will develop a fact sheet that will be placed in public areas in order to ensure that the general public will have access to information on illicit discharges. Goal 4 the City will prov�idc inforiation to the employees on illicit connection. The effects can be measured by noting; the employees complaint and if the complaint had incrit. Goal 5Thc City will develop a sop for enforcement. The SOP can be measured by the number of cases cleared each year. NPDES RPE Stormwater Permit Application Goal 6 Tile City will develop a data base for tracking enforcement action and illicit discharges. This database will lielp the City measure the effects of the stormwater controls on the system 1.4 Construction Site Stormwater Runoff Control You must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. You may indicate your intention to rely on the State Erosion and Sediment Control Program (or a locally delegated program) and the D WQ general stormwater permit for construction activities to meet these requirements. If you choose to develop and implement your own construction site stormwater runoff control program, then you must provide the following information. 1.4.1E BMP Summary Table See appendix A 1.4.2 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory mechanism) you will use to require erosion and sediment controls at construction sites and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections as an appendix. You must establish requirements for: The City will be looking at the sediment and erosion control ordinance developed by the Gaston County Division of Environmental and Natural Resources. This ordinance addresses all major concerns that sediment and erosion controls causes. 0 1.4.3 Plan Reviews: Describe your procedures for site plan review, including the review of pre -construction site pl which incorporate consideration of potential water quality impacts. Describe your procedures and the rationale how you will identify certain sites for site plan review, if not all plans are reviewed. Describe the estimated nun and percentage of sites that will have pre -construction site plans reviewed. Currently the city does not rc sediment and erosion control measure for new and expanding development. If the city does adopt the county ordinance the county will review all plans for compliance. if the city does not adopt the county ordinance then a review process be established and an engineering firm contracted for those duties. 1.4.4 Enforcement: Describe your plan to ensure compliance with your erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms you will use to ensure compliance. Describe your procedures for when you will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. Enforcement for the construction site Stormwater runoff controls will be handled through the county. The county and the city will be able to with hold certificates of occupancy if the regulation of the program are not meet. The enforcement of the ordinance will depend on the agreements in place at the time of adoption. If the city adopts there own ordinance then the city will use all available remedies to enforce the ordinance. 1.4.5 Inspections: Describe your procedures for site inspection and enforcement of control measures, including how will prioritize sites for inspection. Upon adoption of Gaston County sediment and erosion control ordinance all inspection will be handled by Gaston County. Areas of concern will be prioritize by categorizing their locations. area that are closer to outfalls will receive a higher priority than areas farther away. One area of importance will be lands located along the South fork River. 1.4.6 Public Information: Explain your procedures for receipt and consideration of information submitted by the public. Consider coordinating this requirement with your public education program. ? The city holds regular meeting to which the public may attend and voice there concerns. A citizen may also file a formal complaint with the city if they feel that action has not been taken on the • matter. NPDES RPE Stormwater Permit Application 1.4.7 Decision Process: Document your decision process for the development of a construction site stormwater ru control program. • The staff and council decided that the best way for a city the size of Lowell to handle the increase in responsibility was to contract with the county for administration of certain prograins. 1.4.8 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal. - each of the BMPs. The program will be evaluated by detennining how effective the county has been in enforcement and site plan review. If we can tell a difference in water quality during sampling then the county ordinance and enforcement will,bc considered successful. Although we will not base our decision only on improved water quality. If there is not discernible impairment or degradation in water quality (lie City may also consider the ordinance and enforcement successful. 1.5 Post -Construction Storm Water Management in New Development and Redevelopment 1.5.1 Do you currently have development standards that address Stormwater management on new or redevelopment projects that disturb more than one acre of property. If you answered yes is this an ordinance that required plan reviews, and upkeep of BMP's , describe how it meets the requirements for this permit, and does it address structural and non-structural controls? No 1.5.2 Describe your maintenance program, including enforcement mechanism. The city does provided maintenance of the structural system on as needed bases as determined by the City Manager and Public Works Director, 1.5.3 Describe your plan review process. There is no review process 1.5.4 Of all your current practices and strategies, list the ones that will be used as on -going BMPs under . this permit. None 1.5.5 Do you have requirements for structural BMPs to control Stormwater on site for new or redevelopment activities to control water quality? No 1.5.6 Describe the regulatory mechanism, those controls and how they were selected to control water quality'? There arc none 1.5.7 Do you have a regulatory mechanism to address post -construction controls for water quality? No 1.5.7 If you don not have standards that address post construction storm water management how will you meet this requirement. The City does not currently have a regulatory ►ncchanism to control post construction. Although we will develop one to address the illicit connection to the system. The City will plan on developing the ordinance in year throe of the storm water permit. 1.5.8 Describe how you will establish a long term maintenance program and who will pay for this program. The city will be incorporating a policy for long terin maintenance of single family developments. Commercial sites will be responsible for their own upkeep of the sediment ponds and other BMP's. The city will also be examining the predicted cost of the program to determine if the program caI! be supported by the general fund or if a special assessment will be needed. 1.5.9 What minimum control will you follow? AThe city will be examine the use of buffers, built upon areas, sediment ponds, setbacks, and other proven BMP's. the city will then incorporate some of these into the zoning and subdivision ordinance. r NPDES RPE Stormwater Permit Application 1.5.10 . What are your priority areas and wither condition that may require special attention. The area along the South Fork would be our priority area. Other than this area the city cannot note any O other special condition or area that may be a priority. 1.5.11 Describe how the city will measure the goals of this program. The city will determine the effects of this section by tracking the sample obtained from the outfalls and monitoring the pollution levels for a stabilization or decrease. 1.6 Pollution Prevention/Good Housekeeping for Municipal Operations You must develop and 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. Using training materials that are available from EPA, your State, Tribe, or other organizations, your program must include 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 stone water system maintenance. Include the following information to explain your proposed program to meet these requirements. 1.6.1 BMP Summary Table See appendix A 1.6.2 Affected Operations: Specifically list your municipal operations that are impacted by this. operation maintenance program. You must also include a list of industrial facilities you own or operate that are subje( NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated industrial activity that ultimately discharge to your MS4. Include the permit number and certificate of cov number for each facility. None that we can note. 1.6.3 Training: Describe any government employee training program you will use to prevent and reduce storm w pollution from activities such as park and open space maintenance, fleet and building maintenance, new construe and land disturbances, and storm water system maintenance. Describe any existing, available materials you pla use. Describe how this training program will be coordinated with the outreach programs developed for the pr information minimum measure and the illicit discharge minimum measure. The city will began a process of education for all employees on the effects of stornwater run off. The employees will be given the material and information by the human resource department and will have discussion with the City Manger and Public Works Director on proper usage of chemicals and the effects on storm water. 1.6.4 Maintenance and Inspections: Describe maintenance activities, maintenance schedules, and long- term inspection procedures for controls to reduce floatables and other pollutants to your MS4. The City will be developing a maintenance plan for the system in the coming years. The plan will include inspection and maintained of areas when it is determined that they have been compromised or degraded. .inspection will be the plain source of this identification. The inspection will not only Uirget illicit discharge but will be a review of the system performance. The inspectors will be qualified through training. 1.0.4 Vehicular Operations: Describe your controls for reducing or eliminating the discharge of pollutants from munic. parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor stol areas, and salt/sand storage locations and snow disposal areas you operate. The city will explore the possibility placing materials such as salts and solid waste vehicles under a shelter. The vehicle maintenance will be keep minimum and proper techniques of spill clean up will be observed. NPDES RPE Stormwater Permit Application 1.6.6 Waste Disposal: Describe your procedures for the proper disposal of waste removed from your MS4 and your municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris. Non -hazards waste will be disposed of at the local landfill. Hazards waste will be disposed of following (lie guidelines for hazards waste disposal that the local fire department must follow. 1.6.7 Flood Management Projects: Describe your procedures to ensure that new flood management projects are assessed for impacts on water quality and existing projects are assessed for incorporation of additional water quality protection devices or practices. Lowell will continue to use the flood plan construction ordinance in the zoning code and any additional FEMA guidelines in order to address these issues. 1.6.8 Existing ordinances: Describe your decision process for reviewing existing ordinances for possible modificatia address Stormwater .issues. Currently the City Manager is focusing on revising the City Code and Zoning Subdivision Code. While undertaking this process lie will examine the relevant ordinances for coinpliancc with the st water permit and rules. 1.6J Decision Process: Document your decision process for the development of a pollution prevention/good housekeeping program for municipal operations. Your rationale statement must address both your overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for your program. The City will develop a pollution prevention plan as needed for conipliancc with the permit. Also the City will consider the affected areas of the potential spills and take appropriate steps to limits and control the effects of the spills. 1.6.10 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal, - each of the BMPs. . The measurable goal will include the identification of areas, which are owned by the City and have a potential to discharge storm waters. Option will be explored as to how the city can decrease the amount of pollutants in the run off. Beginning in year two the City will develop an implement a program were educational material is distributed to all of the employees. Employees who will be in charge of managing the systems performance will be given additional training to ensure that they will be capable of effectively discharging their duties. 0 Prepare and laddressed The city will prepare an educational plan that will detail what areas will be f I X I X X City Manager Education al Plan and metrials needed to address these area. I ` Material Develop mailers or statements for the utility bills which can provided I I I I X I X City Manager information to the customers of the city on storm water and its affects on the purity of the water supply. Education of the Provide education materials for the City employees at least once a year X X X X X Employees starting in year one, These will focus on the importance of storm water management and provided the employees with background knowledge so that they may answer question and perform there job responsibility better Hand Outs Develop materials for distribution in the city hall, during meetings, and other pubic places, The message will be focused towards the households land will detail what they can do to reduce storm waters. City Manager City Manager e • • ordinance Develop and ordinance and hold a public hearing . Submit the ordinance lin the annual report x I x I x Develop A System Prepare a system map over the five year span of the permit. The map will x x X X X Map be developed by the public works director under the supervision of the city manager City Manager City Manager lop printed Prepare printed material on illicit connection and place the material in areas X X City Manager rial on illicit were the public will have access bo the material. Provided contact ections information to report any illicit connection that they may find. in employees on 1provided materials and training through the city managers offices on how z x City Manager a to detect illicit to located illicit connections and who to contact when an illicit connection is nection. found Ix Establish a data Establish a computer data base on illicit connection complaints and i x x City Manager base on inspection enforcement action taken also track the inspection of the outfalls and enforcement Develop Standard The city will work with the county in developing procedures for ; City Manager procedures for the administrations of the program and responsible areas of each group programs ' x blish a plan (Establish a plan review requirement with the county Inorder to ensure that �w (sediment and erosion control measure are address during construction Establish an (Establish the areas of responsibility between the city and county. Also nforcement (develop penalties for non-compliance procedures evelop ordinance The city will be examine and amend any policies and ordinances that may nd policies that affect storm waters and construction projects. Attach in the annual report ddress infill, any new ordinances or policies which affect this section, also document the !diment and procedures followed when the changes were made, rosion controls, uilt upon areas, x x City Manager City Manager City Manager 0 • 0 Develop training materials on pollution prevention for aublic facilities The city will develop training materials and educate all employees and pollution prevention techniques. The city will submit the training material with the annual report x x x City Manager Provide advance The city will provided advance training on maintaining, inspections, x x x City Manager training for cleaning and disposing of waste for employees who will be involved in the employees who will upkeep of the system. provided upkeep to the system I Conduct and The city will conduct an environmental audit on the public works facility in i . City Manager environmental audit the second year and fifth year. The city will try to implement the I recommendation over the four years. Iv v • CITY OF LOWELL ORGANIZATIONAL CHART MAYOR AND CITY COUNCIL CITY MANAGER 40 CHIEF OF PUBLIC WORKS ADMINISTRATION POLICE DIRECTOR U PRIORITY CONTACT LIST BE'N "I'. BLACKBURN OFFICE 7048243518 CITY MANAGER CELL 704 616 8140 HOME 704 435 8987 POLICE DEPARTMENT HAROLD SPRINKLES POLICE CHIEF MARK BUCHANAN CAPTAIN PUBLIC WORKS DEPT rI HOMAS SI-IREWSBURY PUBLIC WORKS DIRECTOR BOBBY REID JACKIE LEWIS OFFICE 704 824 8540 CELL 704 506 3143 CELL 7045063144 OFFICE 704 824 1072 CELL 704 913 1 149 HOME 704 4.35 4562 CELL 7045063145 [-TOME 704 824 9390 CELL 704 506 3146 HOME 704 827 7479 .., • Cityo a well 101 W. First Street • Lowell, North Carolina 28098 • Phone: 704-824-3518 • Fax: 704-824-4700 J 9 9-90 Planning and Regulation of Development $ 9-92 Article 6. Flood Damage. -Prevention Part 1. General Provisions Sec. 9-90. Statutory authorization. The legislature of the State has in Parts 3, 5, and 8, Article 19, of Chapter 160A and Article 8 of Chapter 160A of the General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore the city council does ordain the sections which follow. (Ord. of 3/16/87) Sec. 9-91. Findings of fact. (a) (1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extra -ordinary public expenditures of flood protection, and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions --in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated,, floodproofed, or otherwise unprotected from flood damages. Sec. 9-92. Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging, and other development which may increase erosion or flood damage; and (5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. § 9-93 The Code 9.1-94 Sec. 9-93. Objectives. The objectives of this article are: (1) to protect human life and health; (2) to minimize expenditure or public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to the public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges, located in flood plains; (6) to help maintain a stable tax base by providing for the sound use and development of flood prone areas.in such a manner as to minimize flood blight areas; and (7) to insure that potential home buyers are notified that property is in a flood area. Sec. 9-94. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted, so as to give them the, meaning they have in common usage and to give this article its most - reasonable application. (1) "Addition" (to an existing building) means any walled and roofed expansion to the perimeter of a building in • which the addition is connected by a common load -bearing wail other than a fire wall. Any wailed and roofed addition which is connected by a fire wall or is separated by independent perimeter load -bearing walls is new construction. (2) "Appeal" means a request from a review of the local administrator's interpretation of any provision of this article, or a request for a variance. (3) "Area of shallow flooding" means a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. ----_....— (4) "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (5) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. (6) "Basement" means that lowest level or story which has its floor subgrade'on all sides. (7) "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway . wall shall have a design safe loading resistance of not less than ten (10_)-and no more then twenty (20) pounds per square foot. A § 9-94 Planning and Regulation of Development § 9-94 wall with loading resistance of more than twenty (20) pounds per square foot requires •�`an:. architect, `or: - professional engineer's certificate. (8) "Building" means any structure built for support, shelter, or enclosure for any occupancy or storage. (9) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (10) "Elevated building" means a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. (I1) "Existing manufactured home park" or "manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article. (12) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland water; b. the unusual and rapid accumulation of runoff of surface waters from any"sources: (13) "Flood hazard boundary map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard and the risk premium zones applicable to the. community. (14) "Flood insurance rate map (FIRM)" means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (15) "Flood insurance study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. (16) "Floodway" means the channel of a river or other watercourse, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. (17) "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction, or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (16) "Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term does not include long term storage, manufacture, sales, or § 9-94 The Code § 9-94 service facili:ties.. (19) "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. t (20) "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary u flooding. (21) "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. (22) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor provided that the enclosure is not built so as to render the structure in . violation of the applicable non -elevation design requirements ofi this article.=. (23) "Manufactured home" means a structure, transportable in one or more sections, which is built on a - permanent chassis and designed to be used with or without a 11 permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer, and intended to be improved property. (24) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or _ more manufactured home lots for rent or sale. ' (25) "Mean sea level." means the average height of sea for all stages of the tide. it is used as a reference for t establishing various elevations within the floodplain. Forx purposes of this section, the term is synonymous with national geodetic vertical datum (NGVD). (26) "National geodetic vertical datum (NGVD)," as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. (27) "New construction" means structures for which the start of construction commenced on or after the effective date of this article. (28) "Remedy a violation" means to bring the structure or- other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impact of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected ; development from flood damage, implementing the enforcement provisions of the regulation, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. (29) "Start of construction," for other than new �. construction or substantial improvements under the coastal i barrier resources act (P.L. 97-348), includes substantial ktl k't 9-94 Planning and Regulation of Development § 9-95 improvement, and means the date the building permit was issued, ` provided the actual start of construction repair, reconstruction, �y or improvement was within 180 days of the permit date. The fa actual start means the first placement of permanent construction ^3 of a structure (including a manufactured home) on a site, such as ry the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of ' excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land n-_...preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it if° include excavation for a basement, footings, piers, or Y� foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, I such as garages or sheds not occupied as dwelling units or not part of the main structure. ' (30) "Structure" means a walled and roofed building that is principally aboveground, a manufactured home, a gas or rr liquid storage tank, or other man-made facilities or I: infrastructures. is (31) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part 'ly of the building commences, whether or not that alteration affects the external dimensions of the structures. The term does not, G, however, include either any project for improvement of a structure to comply with existing state and local health, sanitary, or safety code specifications, which is solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. (32) "variance" is a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article, where a specific enforcement would result in unnecessary hardship. (33) "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A .structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 9-103 through 9-106 and 9-107 through 9--111 is presumed' to be in violation until such time as that documentation is provided. Sec. 9-95. Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the city. § 9-96 'ihe Code - § 9-101 Sec. 9-96. Basis for establishing the areas of s ecial.flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood hazard boundary map dated October .13, 1978, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this article. Sec. 9-97. Establishment of development permit. A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities. Sec. 9-98. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. Sec. 9-99. Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed. restrictions. However, where this article and another regulation conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 9-100. Interpretation of article. In the interpretation and application of this article, all provisions shall be: - .. (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. J Sec. 9-101. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger -floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard, or uses permitted within such areas, will be free from flooding or flood damages. This article shall not create liability on the part of the city, or by any officer or employee thereof, for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. § 9-102 Planning and Regulation of Development 9 9-104 Sec. 9-102. Penalties for violation. Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Part 2. Administration Sec. 9-103. Designation of local administrator. The zoning enforcement officer is appointed to administer and implement the provisions of this article. Sec. 9-104. Permit procedures. Application for a development permit shall be made to the local administrator on forms furnished by him prior to any development activities, and may include, but not be limited to the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) elevation in relation to mean seal level of the proposed lowest floor (including basement) of all structures; (2) elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (3) provide a certificate from a. registered professional engineer or architect that the non-residential floodproofed structure meets the floodproofing criteria in section 9-108(2); (4) description of the extent to which any watercourse will .be altered or relocated as a result of proposed development; and (5) provide a floor elevation or 'floodproofing certification after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit ._holder to submit to the local administrator a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the bottom of the horizontal structural members of the lowest floor, whichever is applicable, § 9-104�" The Code § 9-105 ` as built, in relation to mean sea level. This certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer, and certified by same. When floodproofing is. utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect, and certified by same. Any work done withn the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The local administrator shall review the floor elevation survey data submitted. _ Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make the corrections required hereby, shall be cause to issue a stop --work order for the project.._:. Sec. 9-105. Duties and responsibilities of local administrator. I Duties of the zoning enforcement officer shall include, but not be limited to: (1) Review all development permits to assure that the permit requirements of this article have been satisfied. (2) Advise permittee that additional federal or state permits may be rquired, and if specific federal or state permits; are known, require that copies of those permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the State Department of Crime Control and Public Safety, Division of Emergency Management, state coordinator for the national flood insurance program, prior to any alteration or relocation of a _ water -course, and submit evidence of such notification to the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of the water. course so that the i flood -carrying capacity is not diminished. (5) Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Sections 9-107 through 9-111 are met. it (6) Verify and record the actual elevation (in`, relation to mean sea level) of the lowest _floor (including basement) of all new or substantially improved structures, in `► accordance with Section 9-104(5). (7) verify and record the actual elevation (in relation to mean sea level) to which the new or substantially k improved structures have been floodproofed, in accordance with Section 9-1D4(5). (8) __._When floo_dproofing is utilized for a particular structure, the local administrator shall obtain certifications from a registered professonal engineer or architect in accordance with Section 9-108(2). (9) Where interpretation is needed as to the exact, location of boundaries of the areas of special flood hazard (fors example, where there appears to be a conflict between a mapped boundary and actual field conditions), the local administrator:; bfY! i9 9-105 Planning and Regulation of Development 9-106 ,;.shall make the necessary interpretation. The person contesting the location of the boundary shall, be given a reasonable opportunity to appeal the interpretation as provided in this '.article. (10) When base flood elevation data has not been „provided in accordance with Section 9-96, then the local administrator shall obtain, review, and reasonably utilize any `base flood elevation data available from a federal, state, or other source including daa developed pursuant to Section 9- .,110(4), in order to administer the provisions of this article. (11) All records pertaining to the provisions of this :article shall be maintained in the office of the local ,administrator and shall be open for public inspection. .Sec. 9-106. Variance procedures. (a) The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this article. (b) The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this article. (c) Any person aggrieved by the' decision of the board of adjustment, or any taxpayer, may appeal such decision to Superior Court, as provided in G.S. Chapter 7A. (d) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section. (e) 1n passing upon- such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and; (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative locations not subject to flooding or erosion damage, for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; § 9--106 The Code § 9-107 (6) The relationship of the proposed use to the comprehensive plan and flood plain management program for that areas. (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at -the site; and (11) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above and the purposes of this article, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would,result. (h) Conditions for variances: (1) Variances'- shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship; and C. a determination that the granting of a variance will not result in increased flood heights, additional threats, to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions. (4) The local.administrator shall maintain the records of all appeal actions, and report any variances to the Federal Emergency Management Agency upon request. Part 3. Flood hazard Reduction Sec. 9-107. General standards. In all areas of special flood hazard, the following Provisions are required: - (1) All new construction and substantial improvements 0 1 : • § 9-107 Planning and Regulation of Development 9 9-108 's shall be anchored. to prevent floatation, collapse, or lateral movement of the structure. (2) Manufactured homes shall be anchored to prevent ' flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of aver -the -top or frame F� ties to ground 'anchors. This standard shall be in addition to 'i and consistent with applicable state requirements for resisting k wind- forces. (3) All new construction and substantial improvements -- shall be constructed with materials and, utility equipment resistant to flood damage. E (4) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems, and discharges from the systems into flood i waters. (8) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding., (9) Any alteration, repair, reconstruction, or improvement- to a structure which is in compliance with the provisions of this article shall meet the requirements of new construction as contained in this article. Sec. 9-108. Specific standards. f; In all areas of special flood hazard where base flood a elevation data has been provided, as set forth in Section 9-96 or Section 9--105(10), the following provisions are required: (1) Residential construction. New construction or substantial improvement of any residential structure shall have { the lowest floor, including basement, elevated no lower than the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate I, the unimpeded movement of flood waters shall be provided. (2) Nonresidential construction. New construction or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated no lower than the level of the base flood elevation. Structures located in AO zones may be floodproofed in lieu of elevation, provided that all areas of .the structures below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall § 9-108 The Code § 9-108 certify that the standards of this, subsection are satisfied. Such certification shall be provided to the official as set forth in Section 9-104(5). (3) Elevated buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. a. Designs for complying with this requirement msut either be certified by a professional engineer or architect, or meet the following minimum criteria: 1. Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one (1) foot above grade; and 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions. b. Electrical, plumbing, and other utility connections are prohibited below the base flood elevation. C. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), , or limited storage of maintenance equipment used in connection with the premises (standard .exterior door), or entry to the living area (stairway or elevator). d- The interior portion of the enclosed area shall not be partitioned or finished into separate rooms. (4) Floodways. Located within areas of special flood hazard established in Section 9-95 are areas designated as floodways. Since the'floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply: a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during -occurrence of the base flood discharge. b. If Section 9-108(4)(a) above_ is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 9-107 through-9-111. C. Prohibit the placement of manufactured homes (mobile. homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or , subdivision, provided the anchoring standards of Section 9- 107(2), and the elevation standards of Section 9-7-108(.1) above are met. 9-109 Planning and Regulation of Development § 9-111 Sec. 9-109. Standard's for steams without established base flood elevations and/or floodways. Located within the areas of special flood hazard established in Section 9-96, where small streams exist but where --no base flood data has been provided or where no floodways have been provided, the following provisions apply: (1) No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank, or twenty (20) feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Section 9-105(10). When base flood elevation data is not available from a federal state, or other source, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. Sec. 9-110. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and (d) Base flood elevation data shall be -provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres. Sec. 9-111. Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in Section 9--96 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path. of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and of residential structures shall have the basement, elevated to the depth number insurance rate map, in feet, above the If no depth number is specified, the substantial improvements lowest floor, including specified on the flood highest adjacent grade. lowest floor including § 9-111 ; The Code § 9-111 basement, shall be elevated at least two feet above the highest , adjacent grade. (2) All new construction and substantial improvements of nonresidential structures shall: a. have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade; or b. together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects -of buoyancy. 0 RESOLUTION WIIVREAS, The City Council for the City of Lowell, North Carolina, finds that in executing the requirements for the stormwater permit the authority to do so shall be delegated to the City Manager; and WHEREAS, The federal and state governments have required local govern- ments to complete and implement a stormwater permit; and WHEREAS, The implementation of the stormwater permit will be an ongoing proiect. NOW, THEREFORE BE, IT RESOLVED, by the City Council for the City of Lowell, that the City Manager be authorized to assume the responsibilities of implementation, maintenance, and construction of all new and existing stormwater systems and programs. Motion to adopt the foregoing Resolution was made by Council - member J j�_.t,c.� � , ,�_�-� , seconded by Council- : • member �.ti,� ] 1 ��'r _ _..j_,_ __ _. Said Resolution adopted in the regular meeting, duly assembled, this the IT" day of February 2003 by the following vote: AYES: 3 NAYS: Q `_-�70Z Ted Horne, Mayor AryTEST: .lulls I3. Colgate, City Clerk ;,1 LJ Thursday,•January, 30,2003 The Gaston Gazette 750.00).It a deposit Is re• ro- an not posted by the Wof bidder at Such sale, the such defaulting bidder shall be rejected and the prop- uali- erty shall be Immediately resold and at public auction at the same t of time and place. The successful de_ bidder shall he required to tan- inty, der the full balance of the pur- ifies chase price so bid in cash or ora- certified check at the time the the Trustee tenders to him a Deed the for the property or attempts to kpril lender such Deed, and should i be the successful bidder fall to pay nary, the full balance of the purchase said price so bid at that time, he me. shall remain liable on his bid as der- provided for in North Carolina General Statute 45-21,30(c) and (d), The successful bidder may also be required to pay an assess- ment in the amount of thirty cents (30C) per" one hundred dollars ($100.00), or major trac- tion (hereof, of the final sale price, with a minimum of }03 $10.00 and a maximum of $200.00 as required by N,C,G. S. §7A-308(a)(1), If the promises ,are still occupied by the present record Tali- owner• or any tenant upon con- firmation of the foreclosure sale es- by the Clerk of Superior Court ;ed, and delivery of the Dead, the DIM all purchaser of the property al the foreclosure sale, being entitled eons of the real prop- lossession that time, may evict tinat • 16, a persons occupying said be premises. 'ery, said This safe will be held open ten (10) days for upset bids as re- me- Jer- quired by law. This the 15th day of January, 2003, David W. Smith, III, Substitute Trustee 516 South New Hope Road Post Office Box 2636 Gastonia, NC 28053 Tel: 704 865 4400 2C-January 30, 2003 February 6, 2003 JASON YOUNG CONTACT DANI AT 307-632.5786, 307-221-2046 felt• NOTICE OF CONFIRMATION OF ASSESSMENT ROLL AND ,on, LEVYING OF ASSESSMENTS ton SOUTHWOOD& SUBDIVI- 'eley SION PROPERTY TO BE SOLD: 1 -NOTICE-OF-PUBLIC-HEAR- "South 5 West 300 feet from thee. The following property to be ING ON SUBMISSION OF " northwest intersection of said sold is located in Gaston Court- THE NPDES STORM WATER unnamed street and Lewis ty, North Carolina + PAHSE Ii PERMIT. ,' '. Street, said Intersection being a point in the southern fine of R. BEING the full contents of Notice is hereby given that the L_ Groves; thence with the Townhouse 93 in Phase I bf following public hearing will be western line of said unnamed Willow Run Townhomes as held at 101 West First St. Low- street South 5 West 50 feet to a shown upon plat thereof pre- ell, NC 28098 Tuesday, Febrti- corner of Rhyne's land; thence pared by Mack Drake, R.S„ ary t1'at 7:00 pm, before the with Rhyne's line North 84.30 dated April 29, 1982 and re- City of Lowell City Council on 300 feet to another corner of corded in Plat Book 38 at Page the following items. •' said Rhyne land; thence with 67 in the Gaston County Regis- another line of said Rhyne try. NPDES Storm Water Phase II North 5 East 50 feet to the Permit. Under the direction of southwest corner of lands of Subject to Covenants, Condi- the EPA and the State of NoM Sam Plumley; thence with said lions and Restrictions as re- Carolina the City of Lowell will ` Plumley line (southern) South corded in Book 1406 at Page be submitting a permit for com-' 84-30 East 300 feel to the Be- 307 in the Gaston County Reg- pliance with toe NPDES Storm ginning. islry. Water Phase II regulation! I These regulations will affect de; Title Reference: Book 2628 at. RECORD OWNERS OF THE roeloprnent and redevelopment - Page 624 of the Gaston County • REAL PROPERTY: I activities within the City of Low i Registry. , The record owners of the ell jurisdiction, , - . • • 1' V l�qr rr Arvin Head .- , , • - General Post Office Box 1657 Gastonia, NC 28053 �j Body i 4C-January 23, 30; 2003 1, Ie February 6. 13, 2003 C 1 PUBLIC AUCTION Medium, High To body needed. Tr February 8, 2003 qualified pers 8:00 a.m. Apply in pe Bio 050 David Wilson Br Terresa Carpenter L 714.866.7 Bundy's Storage 704.922.5945 General 2C-January 30, 2003 Cleats Up Hel Febuary 6, 2003 Needed for Mon -St 8 driving as neede, NOTICE OF PUBLIC HEAR- Apply at: Oulck I ING ON SUBMISSION. OF ere, 2641 Kings M' THE NPDES STORM WATER General PAHSE II PERMIT. above -described real property I he said property is, upon in- Notice Is hereby given that the as reflected on the records of Text and maps showing the formation and belief, locally following public hearing will be the Gaston County Register of proposed wording and the juris- designated as 2507 Ridge Ave- held at 210 N. Holland St, Dal. Deeds not more than 10 days diction affected by the permit pue, Gastonia, North Caro4na' las, NC 28034 Tuesday, Febru- prior to the posting of this No- are on file and available for ' 28054. ary 11 at 7:00 pm, before the lice are Loyce P. Dillard and viewing between the hours of i Town of Dallas Board of John David Dillard. 8:00 am and 5:00 pm, Monday IThe sale will be made subject Aldermen on the lolloWng thru Friday, in the office of the • to all prior liens, unpaid taxes; • Items. TERMS OF SALE: City of Lowell City Manager. W. restrictions, assessments, Pursuant to the provisions o1 the City of Lowell Adminisira-} easements and all other mat- NCGS 45.21.10(b) and tfie tion offices located at the aboveii lers of record, it any. terms of the Deed of Trust, any address. , ' successful bidder may be re- The record owner of the above quired to deposit with the Trus- Furthermore all person having described real property as re - tee immediately upon the can. an interest in City of Lowell, fleclod on the records of the elusion of the sale a cash de- , North Carolina,. and its penme• Gaston County Register of posit to be determined by the ter, are, therefore, urged io be Deeds not more than ten (10) ggreater of 5 % of the bid (or present at these hearings. For days prior to the posting of this $750.00 and will be required,to further Information, call (704) Notice is Glenn W. Croft and tender the full purchase price 824-3518, Any individual re- wife, Helen P. Croh. so bid in cash or certified chock quiring special accommodation at the time the Trustee tenders should contact the City before Pursuant'. to North 'Carolina to him a Deed to the property the meetings. General Statute 45721.10(b), land or attempts to lender such the terms of the Deed of Deed, and should said site- Ted Horne ; Trust, any successful bidder cessful bidder fail to pay the full Mayor. City of Lowell may be required to deposit with balance purchase price so bid �' the Trustee immediately upon at the time, he shall remain lib• 2C-January 30, 2003 conclusion of the sale a cash ble as provided for in NCGS February 6, 2003 deposit not to exceed the great• 45-21.30(d)(e). The sale will a of live (5%) percent of the fifty be made subject to all prioi.--NOTRCE`OF—SERVICE—OF—b!d liens, unpaid taxes, assess. PROCESS OF PUBLICATION or seven hundred dol- lays ($750.00). II a deposit is re- ments, restrictions and ease- IN THE DISTRICT COURT.OF. . quired and is not posted by the ments of record, if any. ROCKDALE COUNTY IN THE ' high bidder at such sale, the STATE OF GEORGIA %r:' bid of such defaulting bidder. This the 16th day of January, shall be rejected and the prop- 2003 TO: Michael Tallon arty shell be immediately resold By: Erick Durbin at public auction at the same Jay B. Green, time and place. The successful Substitute Trustee TAKE NOTICE that a pleading bidder shall be required to ten-. 4601 Six Forks Road, seeking relief as been • filed ; der the full balance of the pur- Suite 500. against you. The nature of the chase price so bid In cash or Raleigh, North Carolina 27609 relief being sought is the term!- certified check at the time the Telephone: 919-786-2512 nation of parental rights of your' Trustee tondors to him a Deed Facsimile: 919-786-2513 biological son Zachary Tyler for the property or attempts to Tallon for the purpose of his tender such Deed, and should 2C-January 30, 2003 adoption by Erick Durbin. You the successful bidder fail to pay February 6, 2003 are required to make defense the full balance of the purchase, NOTICE OF HEARING to such pleading not later than sixty (60) days from the first-. price so bid at that time, he shall remain liable on his bid as date of publication (January 16 •d d f • N rth C I' 'r"s e THE PUBLIC will take notice STATE OF SOUTH CAROLI- 2003) •to the clerk of court of General Statute �45721 30(c) on that the Assessment Roll for NA Rockdale county or by certified and (d). this the construction of an eight (8) COUNTY OFYORK letter to Erick Durbin P,O. Box r of Inch sewer line extended from PROBATE COURT 1871 Conyers, GA 30012, and The successful bidder may also in- oudalls installed as a result o1 annexation to serve the lots IN THE MATTER OF SONJA upon your failure to do so the party seeking service against- . be required to pay an assess - will a Y and parcel9 within Southwtoods MOGLE RHOADS you will apply to the Court for. ment in the amount of thirty cents- (30C) per one hundred Subdivision follows: Extending CASE NUMBER the rellel sought, which will tar- g dollars {$100,00), or major e southwester) direction Y Southwood Drive from 2002ES46000362 urinate any parental rights you have. •lion thereof, of the final safe sate rice with a minimum of t New Hope Road to NOTICE TO ALL PERSONS levue Terrace an approxi- INTERESTED IN THE ES - mate distance of 1,600 feel; ex- TATE tending in a northwesterly di- rection along Pinecrest Drive • Notice is hereby given to all from Southwood Drive to the persons interested in the estate OF dead end an approximate dis- as heirs or devisees, or other - lance, of 1,300 feet; extending wise, calling on Diane Ander- N in a southerly direction along son./Deanna Anderson/Diana Pineview Drive from Anderson, her personal repre- Southwood Drive to the cut de sentafives. heirs or devisees, to LI- sac an anoroximato distance of appear before the Court at the 4C-January 16, 23, 30, 2003 February 6, 2003 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY . STATE OF NORTH CAROLINA COUN- TY OF GASTON N THE GENERAL COU p $10.00 and a maximum of $200.00 as required by N.C.G.S. §7A-308(a)(1). t . If the premises are still occupied by the present record owner or any tenant upon con- firmation of the foreclosure sale by the Clerk of Superior Court and delivery of the Dead, the purchaser of the property at the NPDES Storm Water Phase II Permit. Under the direction of the EPA and the State of North Carolina the Town of Dallas will' be submitting a permit for com- pliance with the NPDES Storm Water Phase II regulation, These regulations will affect de- velopment and redevelopment activities within the Town of Dallas jurisdiction.' Text and maps showing the proposed wording and the juris-' diction affected by the permit are on file and available for viewing between the hours of 8:00 am and 5:00 pm, Monday thru Friday, in the office of the . Town of Dallas Community De-' velopmeni Department. In the Town of Dallas Administration offices located at the above ad- dress. I Furthermore all person having an interest in Town of Dallas, North Carolina, and its perime- ter, are, therefore, urged to be present at these hearings. For further information, call (704) 922-3176, Arty Individual re- quiring special accommodation should contact the Town before the meetings. ' Sam C. Rhyne Mayor, Town of Dallas 2C-January 30, 2003 February 6; 2003 - .UCCI S T©RY Houston Hudson says 20 people ' responded to his - Help Wanted.., ad Clerl Better than avera( commissions. Must and reliable. Appl, only. Gastonia Vid 414 W. Main Ave. G General Counter Alt Needed for Unlor Way Cleaners. 7:3 dayshveek. Apply i 2641 Kinas Mount Delivery F How does 2=3 hot for extra pay t weekends soup, USA 7DDAY has for an independe person workin morning hour. Kings Mountairy Good ciedil reliable van or requirec To respond, plea 24-hour hotii +888-854 General Diet Office � Certified, Exp We Have a position Stanley Total LI% charting, care pt loss, tray line cheel er duties. Apply 1 STLC, 514 Old h Stanley, NC. 704.5 Ol1r_f> iml A Ministry of Cc General EXPERIENCED needed. Must have porialion. Call 704-. General Floral -De: & Temp Vah Day Drir Experienced Flort needed for uptowt area. Apply in per Central Avenue, C cal 704.335 yea $200.00 as -required by C.G.S.§7A•308(a)(1). ' the promises 'are still occupied by the present record uali- owner or any tenant upon con- es- -fi(matlon of the foreclosure safe sed, by the Clerk of Superior Court orth and delivery of the Deed, the all purchaser of the property at the ions foreclosure sale, being entitled ace- to possession of the real prop•' un. erty at that time, may evict 16. those persons occupying said be premises, eery. said This sale will be held open ton me. (10) days for upset bids as ie- der- quired by law.. ' This the 151h,day of January, 20o3, - ` - David W,•Smtth, Ill, Substitute Trustee 516 South New Hope Road Post Office Box 2636 Gastonia, NO 28053 Tel: 704 865 4400 2C-January 30, 2003 February 6, 2003 NOTICE OF EXECUTOR NORTH CAROLINA GASTON COUNTY uali- es- The undersigned, having quali- ton, fied as Executor of the Estate >ton o1 Ruth Phillips Bridgeman, do- e ceased, late of Gaston County, and raby notifies all. persons, rims corporations having sentsagainst V.and the estate of so- n ordecedent to exhibit them to this the undersigned on or before u of ,' May 8,2003, or this notice will I In- be pleaded in bar of their recov- will ery. All persons firms, and cor- 3ay. porations Indebted to the said Estate wilt please make imme- diate payment lb the under- signed, This the 6th day of February,' 2003. , John D. Bridgeman, Executor Estate of Ruth Phillips Bridge - OF man )N Carol B. Wertz J. Ben Morrow, P.A. Attorney for the Estate 7LI- 312 South Chester Street P.O. Box 116 Gastonia, N. C. 26053-0116 rus- eith )er- ook 2C•Februaty 6, 13, 20, 27, 2003 . .. .- �/l -• -' I . ... - .. ._-_ Syr Thursday, Fbrua6Gazette Deed of, Trust executed by Permit. Under the direction of,, ' First Citizens Bank.. & Trust `. Gaston County Register of '. PUBLIC AUCTIOP Adrienne Vinson to John J.Ow- the EPA and the State of North, Company, Plaintiff ;'r , ; Deeds not more than ten (10) ens, Trustee(s), dated October Carolina the Town of Delles will' t vs.' '' " I days prior to the posting of this { February 8, 2003 23, 2001, and recorded In Book be submitting a permit Ter Cvm- H. Dean Culbreth, Defendant ,1, , , Notice Is Glenn W. 'Crory and i 8.0D 3329, Page 701, Gaston Coun- ptiance with the NPDES Storm rwile, Helen P Crolt..r " f ty Registry, North Carolina, , Water' Phase II • regulation. ' TAKE NOTICE'that a pleading ; Bin #50 . These regulations will affect do- • seeking reltof against you has ' Pursuant to North Carolina Terresa Carpenter Default having been made in .velopment and redevelopment been filed In the,above-entitted i General Statute .45721.10(b), ' Bun 's Storage g the Payment of the note there- p Y activities within the Town of action.•` •"' "° and the terms of the Deed of � 704.922.5945 by secured by the said Dated of Dallas jurisdiction. r a Trust, any successful bidder - , Trust and the undersigned, The nature of the relief being +'may be required to deposit with 2C•January 30, 2C PRIORITY TRUSTEE SER- Text and maps showing the . south is a suit to obtain judg- ;; the -Trustee Immediately upon ; Febuary 6, 2003 VICES OF NC, L.L.C., having proposed wording and the juris-, ment in the amount of Fourteen conclusion of the sale a cash been substituted as Trustee in diction afecled by the permit ; Thousand Four Hundred Nine- ` deposit not to exceed the great - said Deed of Trust by an instru- are on' lile and available for , tyNine and 94I1D0 Dollars or of five' (5%) percent of the ' - ment duly recorded in the Of- viewing between the hours o1 ' ($14,499.94) plus Interest at the , bid or seven hundred fifty dol- Tice of the Register of Deeds of 8:00 am and 5:00 pm, Monday -, rate of Nineteen and 901100 ' lots ($750.00). If a deposit is to. General T Gaston County, North Carolina, thru Friday, in the office of the ' percent (t 9.90%) per annum : quired and Is not posted by the ' and the holder of the note evl- denting said Indebtedness hav- Town of Dallas Community De- from and after September 16, high bidder at such sale, the , velopment Department. In the , r2002 until data of entry of Judg- -'bid of such delau4ing bidder FLOOR [ ing directed that the Deed of Town of Dallas Administration : ment and thereafter at the legal 'Shall be rejected and the prop- Relief position, In. Trust be foreclosed, the under- signed Substitute Trustee will offices located at the above ad- rate until paid in full,- posses- erty shall be Immediately resold , dress. ; },' Sion of its collateral, actor- 'fat auction at the same rienced ' in stripy ,' plus public '_ mopping floors. A offer for sate at the Courthouse ney's feeds in the amount of fit -time and place. The successful to work all shifts. Door, In the City of Gastonia, Furthermore all person having ; teen percent (15%) of the out- bidder shall be required to ten- Apply pp y Gaston County, North Carolina, an interest in Town of Dallas, .` standing indebtedness and the der the full balance of the pur- Kings Min i at 10:00 AM on Thursday, Feb- North Carolina,, and its perime- costs of this action. - " ; chase price so bid in cash or ruery 20, 2003, and will sell to ter, are, therefore, urged to be certified check at the time the Human Resi the highest bidder for cash the present at these hearings. For 4You are required to make de-' Trustee- tenders to him a Deed 706West kini 'following described property sit- further - information, call (704) ' fense to such pleading not later ' for the property or attempts to Kings Moun used in Gaston County, North 922-3176, • Any individual re- . than' March 18, 2003, and upon . tender such Dead, and should ',your General,, ' Carolina, to wit:.. quiring special accommodation failure to do so, the party tire successful bidder fall to pay I , Situated in Gaston county, should contact the Town before seeking service against you will', '. the lull balance of the purchase the meetings, apply to the Court for the relief so bid at that time, he Inventory Stale of North Carolina, and price sought.: shall remain liable on his bid as ' our being further described as: Sam C. Rhyne i' provided for in North Carolina IJoIn Mayor, Town of Dallas This the 2nd day, o1 January, , General Statute 45721.30(c) Tenn Beginning at a point in the 2003. and (d).' We are an 3nvenh Northerly line o1 Lot No. 12, the 2C-January 30, 2003 '' •r ^. ' r r ' ' vice that Is grc service southerly corners of Lots Nosr-February6,•2003—=----�—Lance P. Martin The successful bidder may also We have oper 17 and 18, both being in Block, "5' of ' Ma lecrest Subdivision! p . NOTICE -OF -PUBLIC -HEAR- N.C. State Bar I.D. No.: 027287 be required to pay an assess- , For the firm of ' ment in the, amount of thirty y Inventory Coun as recorded In Plat Book 29 at ; ING ON SUBMISSION OF THE NPDES STORM WATER Ward and Smith, PA, r.4 Cents (300) per one hundred. No experience P Oualllfcatlons: t Page 13, and thence with the. PARSE II PERMIT.`. 120 West Fire Tower Road ° dollars ($100.00), or major frac- people with some common line of Lots Nos. 171 and 18. N OS•21 E 188.78 feel I"'- '' Notice Is the PO Box 8088 =' •' lion thereof, of the final Sale Greenville, NO 27835-8088 �.•'- ' price, with a minimum of •, and an ea erne; g to a point In the westerly end oft hereby given that ;.following public hearing will be 1 :;, , $10.00 and e• maximum of ',' '' ,7.Days avatlabllit :. Start early mk Liberty Court; thence, with the westerly end of Liberty Court, N held at 101 West First St. Low- 2C-February 6, 13, 20, 2003 . $200.00 as required , by ell, NC 28098 Tuesday, Febrti, §7A-308(a)(1). :,' °•I, I no set hours, 'i; ^ workday Is 7-I 02 53 W 25 leek thence S 88-07-W 44.50 feet; thence, NOTICE . OF TRUSTEE'S ; rN,C.G.S. ery 11 at 7:00 pm, before IhB SALE OF REAL PROPERTY, ' ' 11 the promises are still Advantages: V with the arc of a curve with ra- City of Lowell City Council on i ; ' the following items. STATE OF NORTH occupied try the present record driving from Gast travel to Count cli dius of 100 feet to the right, a distance 77.10 feet to a point tri I ' 1 owner or any tenant upon con- • CAROLINA COUN- . firmation of the foreclosure sale Team gismos he p the center o1 a branch, thence! NPDES Storm Water Phase it Permit, Under the direction of TY OF GASTON' ;., . i ". by the Clerk o1 Superior Court I and $7.50thr. 9t Plus Irevel with the center of the branch Ih a southwesterly direction as it the EPA and the Stale of North , and delivery of the Deed, the IN THE ,GENERAL COURT OF purchaser of the property the Additional hours meanders approximately 509.1 Carolina the City Of Lowell will be submitting a permit for tom- JUSTICE � r , nt foreclosure sale, being entitled SUPERIOR COURT DIVISION for qualified For more Inforn feet to the southwesterly corner of Lot No. 18, N 74-14 E 270 with the NPDES Storm to possession of the real prop- ' BEFORE THE CLERK arty at that time, may evict between gar feet to the point and place of Water Phase II regulation. 'regulations atteCl de 02.5P-124402-SP 1244 ', those persons occupying said i WESTERN INS SERVIO Beginning,These velopment and redevelopment prgmises. In the Matter of the Foreclosure (704)823-1 Being a part of Lot No. 18 in "5- activities within the City of Low- all jurisdiction. of the Dead of Trust of: -This sale will be held open ten-, Glenn W. Croft and wlfa. Helen General Block of the MapleCresi Subdivision, as shown In Plat I (10) days for upset bids as re-� P,. Croft, to Bob W. Lowing, quired by law. Book vis at Page 13. Text and maps showing the proposed wording and the juris• Trustee for, G. O. Croat, as de- scribed to Book 2628,Page 627 Shirt Pry Beingthe same property con- , This the 141h day of January, diction affected by the permits 'in the Gaston County Registry; 2003. Needet veyed to. Jackie L. O'Dell herein by deed from Jackie L. O'Dell are on tile' and available.:forl I viewing between the hours of : UNDER AND BY VIRTUE' of f. David W. Smith,' III, Substitute Quick Wa I y Apply In person at NOTICE OF FORECLOSURE (separated) and Tammy S. 8.00 am and 5.00 pm, Monday the power and authority con- Trustee ' , Mountain H SALE OF AEAL• ESTATE O'Dell (Separated) dated April lhru Friday, in the office of the.., coined in that certain Deed of .'$16 South New Hope Road' ' 1 fC' M �I� NORTH CAROLINA GASTON COUNTY IN THE GENERAL COURT ' my OF JUSTICE in SUPERIOR COURT DIVISION BEFORE THE CLERK )n FILE NO.02-SP-858 E MATTER OF THE E'S CLOSURE OF THE OF TRUST EXECUTED LOYCE P. DILLARD, wid- of ow and JOHN DAVI❑ ,Dn. DILLARD, Single, Recorded in I of Book 1621, Page 696, Gaston red County Registry. 1nd'. fal- DEED OF TRUST BEING Jed FORECLOSED: r of Pursuant to the terms of the nly, Deed of Trust executed by 25, 1989, and recorded May 3, . 1989 in Ma '3, 1989, Registers ers City o Lowe, Ity anager. n . Trust executed and, delivered the City' of Lowell Administre�' i by Glenn W, Croft and wife, Post Office Box 2638 ; ^ . I Gastonia, NO 26053 DaI10E y g Office for Gaston Coun North ty' tton offices located at the above address: Helen P. Croft; dated February ' 'in '� Tel: 704 865 4400 And Waitresses W: 704-868.2220. ' Carolina. ; , r 3 1997, and recorded the 1 . • ,2C Said property is commonly i Furthermore all person having Office of the Register of Deeds , for Gaston County, North Caro-, January 30,•2DG3 February 6, 2003 WWI WI known as 4801 Farestwood an Interest in City of Lowell„.,'[or North Carolina, and its perime••, •Tina, inDeed of -Trust Book 262Q Page 627, and because NOTICE,TO CREDITORS'f ;::• Need Court, Gastonia, NC 26D56. ter, are, therefore, urged to be of default in the payment, of the Third party purchasers must present at these hearings. For Indebtedness thereby secured Having qualified as Executor of Part Ti pay the excise tax, and the further Information, Call (704) 824.3518. Any individual re- ;and failure to Carry out or Per-' ; form the'• stipulations and the Estate of James B. Ger- Gar - land, deceased, who was a res. . Approximate court costs of Forty -flue Cents court pas One Hundred Dollars ' per. quiring special accommodation should contact the City before'' ' agreements Therein contained and to the demand of, ident of Gaston County, North Carolina, with an address at the per Week P $5c) A cash deposit no ( li ( r personal checks) of five perk • the meetings. , pursuant the Owner and holder of lhe'in- time of his death of 1339 Cove- afternoons.. cent (5%) 01 the purchase I dabla ness secured by said . nant Dr„ Gastonia, N.C. 28054, Consist Of Swi price, or Seven Hundred Fifty, ITed Horne • (Mayor, City of Lowell' ' Deed of Trust, end pursuant to the Order o1 the Clerk of Supe- the undersigned does hereby notify all persons, firms and work and Dollars ($750.00), whichever is greater, will be required et the. � , rior Court for Gaston Coun . ' h' Cvrporatlans having claims , office du time of the sale. Following the 2C,ianuery 30, 2003 6,, 2003 r North Carolina, entered in this foreclosure proceeding, (Fife' against the estata'of said dece- dent to presentlhem, duty veri• Fax Resuf expiration of the statutory upset�February bid period, all the remaining NOTICE -OF -PUBLIC- HEAR. • i Number 02-SP-1244), the un- `land lied, to the undersigned at Gar- Gar - 704-824' amounts are immediately due . ING TO CONSIDER SUBDIVI- ,.,.,., ...,,.,.,,,., dersigned as Trustee, will ex-r ' rune. In, cal. al r-,hllr l+nrlin. and Drum, PA., Post OI-. flrn Box 1657, 'Casfvnta. NO r---�� s Permit NCO025861 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . DMSION OF WATER QUALITY PFIRM IT TO DISCHARGE WASI.EWATER UNDER THE NATIONAL POLLUTANT DISCHARGE Ei_.UMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina P.,nvironincmal Management Commission, and the Federal Water Pollution Control Act, as amen&&, the City of Lowell is hereby authorized to discharge wastewater frown a facility located at the s Lowell WWTP NCSR 2380 Gaston County to receiving waters designated as the South Fork Catawba River in the Catawba Rivcr Basin in accocdance with efflucrtt limitations, monitoring requirements, and other conditions set forth in Parts .1, 11, 111 and IV hereof. This permit shall become effective This permit and authorir,ation to discharge shall expire at midnight on January 31, 2005. Signed this day Permit NC0025' 61 • SUPPLEMENT TO PERMIT COVER SHEET The City of Lowell is hereby authorized to: 1. Continue to operate an existing 0.6 MGD contact stabilization wastewater treatment facility with the following components: ♦ Influent pump station 0 Mechanical bar screen ♦ Contact aeration basin ♦ Reaeration basin ♦ Final clarifier 0 Chlorine gas disinfection 0 Sulfur dioxide dechlorination system ♦ Aerobic digester • ♦ Sludge drying beds 0 Flow measuring device This facility is located in Lowell .off NCSR 2380 at the Lovell WWTP in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into the South Fork Catawba River, classified WS-V waters in the Catawba River Basin. 0 Permit NCO025861 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Pcrmittec is O1ULhorixcd to discharge from outfall 001. Such discharges shall be limited and'monitorcd by the Permittee as specified below: EFFLUENT'" �;1f'� ` •.; -bkARACTERI Skid u r -i •'. i� a _.`',. LIMITS `' • ,` .,• MONITORING REQUIREMENTS ,,. u :Average.- ; Average. ,Mbas6rerhent 'tF�equency' ; Sample_Type i -r �' , :•'r �:..,, �w.. �. ,"Sample Location •. _.k: - a - : :_r.,; J. Flow 0.6 MGD Continuous Recording Influent or Effluent •B0D-5-day20°C -s." '.,..- _30,0 mg/L = 45:0 mglE - • -3MJeek Composite-. °Influent'and Effluent Total Suspended Residues 30.0 mglL . 45.0 mg1L : 3Mleek Composite .; • .....,Influent and Effluent- NH3 as-N......... . 3Mleek . Composite Effluent -- .. Fecal Coliform eometric mean " `200,1100 m1- .4001100 ml 3Mleek.. Grab - Effluent - ,Total,Residual Chlorine ` " 3Mleek Grab • = -.• ._...,.... Effluent_,_.... Temperature 2C 3Mleek. "'Grab` Effluent Total Nitro en NO2+NO3+TKN -Quarterly Composite Effluent Total Phosphorus Quarterly Composite Elflueni H2 3/Week Grab Effluent Chronic ToxlCity3 Quarterly Composite Effluent Footnotes: 1. The monthly average cff1UCnt 1301D and Total Suspended Residue concentrations shall not exceed 15% of the respective influent values (S5`% removal). 2. The pl-i shall not he less than 6.0 standard units nor grcater than 9.0 standard units. 3. Chronic Toxicity (Crrrodaphnia) Pass/Fail at 0.704: February, Atat', August & November (see fart I. A. (2)). 0 There shall be no discharggc of floating solids or visible foam in other than trace amounts. A. (2.) CHRONIC TOXICITY PERMIT LIMIT - Quarterly The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Cerrodaphnia ilirhia at an effluent concentration of 0.74%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodapbnia Chronic 17-"fflucnt 13ioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase Il Chronic Whole ] fflucrnt Toxicity Tcst Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August and November. 1_.fflucnt sampling for this testing shall he performed at the N1'DES permitted final effluent discharge below all treatment processes. IE the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-conccntrntion testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole I fflucitt 'Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or sunIivat and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase 11 Chronic O u W110le I�ffluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. (continued on next page) Pci-mit NC00258E 1 A. (2.) CHRONIC TOXICITY PERMIT LIMIT - Quarterly (continued) • All toxicity testing results required as part of this permit condition will be entered on the 1_.fflucnt Discharge f%4onttortng form (N'lR-1) for the months to which tests were performed, using the parameter code TG P313 for the pass/fa•tl results and TfIP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the Following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical mcasurenunts and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittec will complete the information located at the top of the aquatic toxicity (AID test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittce fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. S Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month Following the month of the initial monitoring. A. (3.) WASTEWATER MANAGEMENT PLAN No later than 180 days after the effective date of this permit, the Permittce shall submit to the NC DENR Mooresville Regional Office a wastewater management plan. The plan shall include, at a minimum, the following elements: • Future flows. Provide estimates of wastewater flows and characteristics for the next 10-20 years and the basis for those estimates, including assumptions and calculations. • Alternatives analysis. Conduct a technical and ecottomic evaluation of wastewater disposal alternatives, specifically including at Icast the following alternatives: * connection to the City of Gastonia wastewater collection system (or any other P9l'1V) • connection to the Pharr Yarns \`{MT • implementation of a reuse program • any combination of the above options The analysis and report should be consistent with the l?AA guidance document provided by the .Divi$Ion. (continued on next page) Permit NCO025861 A. (3.) WASTEWATER MANAGEMENT PLAN (continued) . • Facilities assessment. Describe deficiencies and operational difficulties in the existing collection and treatment systems which affect performance or permit compliance. Idcntifti potential improvements to correct those deficiencies. At a minimum, evaluate the following considerations: • inflow and infiltration, • diversion of wasteloads during peak (lows, • equipment repairs and preventative maintenance, • removal of accumulated solids, wastes, other debris • Optimi/ation plan. Develop a plan for optimization, rehabilitation, expansion and/or replacement of the collection and treatment smerns to achieve optimum performance. Identify specific measures and key tasks, including; those in the above facilities assessment, and provide an estimated schedule for completion of each. • Communications plan. Describe a plan for informing utility customers of their potential impacts on treatment system performance and appropriate practices for minimizing; those impacts, including a schedule for implementation of the plan. At a minimum, include the following; elements: • oil and grease contributions to the collection and treatment system, • ccnnn-ion practices thst adversely affect the collection/treatment s�'stem • notification procedures in case of emergencies. Submit the completed plan to: Mr. iVlichacl Parker NC D1 NR / i\,looresville Regional Office 919 North i\9ain Street h,looresvilic, NC 28115 • 0 PART I (continued) s Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Perrnittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No Iater than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncomplance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. 0 PART II STANDARD CONDITIONS FOR NPDES PERMITS • 0 SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality, 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. - Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. G. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of A daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2 of I I 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily • discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of an daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part .1. ef. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. it is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of. - a' series of grab samples collected at equal time intervals over a 24 hour period of discharge and • combined proportional to the rate of flow measured at the time of individual sample collection, or Park 1I Page 3 of l l 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric • mean, values of zero (0) shall be considered to be one (I). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dad A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Su stance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 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 a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part II Rage 4ofII 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 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 $10,000 per violation with the maximum amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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 section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class lI violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class I I penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal. Liability • Except as provided in permit conditions on "Bypassing" (Part 11, C-4) and "Power Failures" (Part 11, C-7), 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, 143-215.6 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. Oil and Hazardous Substance Liabih!y 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 USG 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. G. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. verabili 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. Par:• I Page 5 of l 1 R. Dury to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Du to Rea E If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit 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 such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1} For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other pubEic agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 0) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters For the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 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 40 submitting false information, including the possibility of fines and imprisonment for knowing violations." Part 11 Page G of 11 12. 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. 13. Permit Modification. Revocation and Rcissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority 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. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. } The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type • and any grade to comply with the conditions of Tide 15A NCAC Chapter BG .0200. The ORC of the facility must visit each Class i facility at least weekly and each Class II, I11, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter SG .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. 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 installed or used 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. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. 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. 4. R=assing of Treatment Facilities a. Definitions Q} "Bypass" means the known diversion of waste streams from any portion of "a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Par -,,II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 1I, E.-6. of this permit. (24 hour notice). d. Prohibition of Bypass {I) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of fife, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and ' (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph Od. 0) of this section. 5. U sets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part 1I, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part I1, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an • upset has the burden of proof. Part 11 Page 8of11 G: Removed Substances Solids, sludges, Filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all emsting federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority For the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is . diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR I, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMA is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements 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. The devices• shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge. volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be • subject to this requirement. Part,I 1 Page 9 of 11 4. 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; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. 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. G. Records Retention_ Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. "Phis period may be extended by request of the Director at any time. 7. Recgrding Result For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), 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 e d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 10 of I 1 SECTION E REPORTING REQUIREMENTS • 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfcrs • This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Twenty-four Hour Report_ Lng a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 0 parr4I Page 1 l of 11 G. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director :nay waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and G. of this permit at the time monitoring reports arc submitted. The reports shall contain the information listed in Part 11. L. G. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day Following the occurrence or First knowledge of the occurrence of any of the foUowing: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit Failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form' within 5 days following first knowledge of the occurrence. 10. 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 shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shaD 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 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penaj ics 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 S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 0 i tom• 1 111 OTHER REQUIREMENTS A. Requirements for Control of Pollutants Attribute to Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the permittee allow introduction of the following wastes in the waste treatment system: It. Pollutants which create a fire or .explosion hazard in the PO"I \V, including but not limited to, wastestrenms with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POT"V, but in no case Discharges with pl-1 lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; C. Heat in amounts which will inhibit biological activity in the PO'17W resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the PO'IAV, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; • g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the PO'I%V, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The permittee shall require any industrial discharges into the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 21-1 .0907(a) or modify an existing Pretreatment Program per 15A NCAC 21-1 .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. B. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been • issued Page I of 2 PAX1' 111 OTHER REQUIREMENTS • • C. Groundwater NlongorinQ The permittee shall, upon written notice from the Director of the Division of }{later Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDIIS permitted facility with the current groundwater standards. .D. Publicly Ownctl Treatsncrtt Works All PO'1Ws must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the P0"1AV from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced into that P0'1AV by a source introducing pollutants into the P0'1NV at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and cuantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. C. JZcquire_ment to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. if the facility is in substantial non-compliance with the terms and conditions of the NPD11S permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Page 2of2 City of of Lowell Storm Water NPDES Phase II Permit 0 Submitted on 03101.103 .7 r1 L_J e • Table of Contents. Applicant. Status Information I RPE/MS4 System Information 1 Existing Local Water Quality Programs 2 Receiving Streams 2 CO -Permit Application Status Information 2 Reliance on Another Entity to Satisfy One or More of Your Permit Obligation 3 Delegation of Authority 3 Signing Official's Statement 3 MS4 Contact Information 4 Permits and Construction Approvals 5 Public Education and Outreach on Storm Water Impacts 6 Public Involvement and Participation 7 Illicit Discharge Detection and Elimination 8 Construction Site Stormwater Runoff Control 1 I Post -Construction Storm Water Management in New Development and 12 Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations 13 Appendix A BMP's 15 Appendix Q Organization Chart 20 Appendix C Contact Sheet 22 Table of Contents Con(. . Appendix 1) Flood Plan Ordinance 24 Appendix E Delegation of Authority 26 Appendix F Advertisements 28 Appendix G NPDES Waste Water Discharge Permit 31 L7 s 0 State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC .USE :ONLY Date Rec'd 0,3 Fee Paid Permit Number cey -4iof NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive S onnwater Management Program Report (5WU-268) are both required for the application package to V'd a complete application submittal. Incomplete application submittals may be returned to th c I. APPLICANT STATUS INFORMATION a. Name of Public Entity Lowell Seeking Permit Coverage b. Ownership Status (federal, Local ,y �Nrq'w state, or local) c. Type of Public Entity (city, City. p town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Gaston f. Jurisdictional Area (square 2 miles) g. Population Permanent 2667 (according to the 2000 census) Seasonal (if available) h. Ten-year Growth Rate -.01 i. Located on Indian Lands? El Yes ®No II. RPE / MS4 SYSTEM INFORMATION �D a. Storm Sewer Service Area square miles 2 b. River Basin(s) Catawba c. Number of Primary Receiving Streams 2 d. Estimated percentage of jurisdictional area containin the following four land use activities: • Residential 75 • Commercial 5 • Industrial $ • Open Space 15 Total = 100% this was established using the official zoning map e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No NPDES RPE Stormwater Permit Application Briefly describe the system. This should detail the use of ditches, infiltration ditches, pipes, and maintenance. Currently the City has a mixture of ditches and pipes that channel the stormwater to the outfalls. The pipes are located mainly on the state maintained roads were there is curb and guttering. V11 The ditches are located through out the rest of the city. The public works director is in charge of overseeing the maintenance and repair of this system. The maintenance is done on an as needed basis. 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 tl�CAN1A;t and Use Plan ❑ Yes ® No .✓� �Recei�•�n�,Sf-reams -Table l,:10Rivci5liasi' Re &viiig �� ,Stream Nancy,, , Stream •Sc grnent Water Quality Classification Use Support Rating Water Quality Issues 'South,Fork3,`'' Y��� J Cata vba"`' 1 1-129- 15.5) WS-V Not Related Wuh rrss Creek 1 1-129-19 WS-V Not Related IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with Yes ®No a permitted Phase I entity? b. if so, provide the name and permit number of that entity: • Name of Phase I MS4 NPDES Permit Number c. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity; e. Have legal agreements been finalized between the co- ❑ Yes ® No ermittees? e • Page 2 NPDES RPE Stormwater Permit Application V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS . (If more than one, attach additional sheets) .7 e a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify. each entity and the element they will be implementing • Name of Entity NCDENR • Element they will implement Soil and Erosion Control • Contact Person Matt Heller • Contact Address 919 N. Main St. Mooresville, NC 28115 • Contact Telephone Number 704-663-1699 c. Are legal agreements in place to establish responsibilities? ❑ Yes ® No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority Ben T. Blackburn has been delegated b. Title/position of person above City Manager 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 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 Ted Horne Title Mayor Street Address 101 West First St. PO Box City Lowell State NC M M NPDES RPE Stormwater Permit Application j Zip 28098 Telephone 704-824-3518 Fax 704-824-4700 E-Mai l 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 Ben T. Blackburn b. Title City Manager c. Street Address 101 West First St. d. PO Box e. City Lowell f. State NC g. Zip 28098 h. Telephone Number 704-824-3518 i. Fax Number 704-824-4700 j. E-Mail Address C7 • 0 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 Management Program b. UIC program under SDWA C. NPDES Wastewater Discharge Received Permit Number G E d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for 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 section 404 of CWA 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-25$). 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. 1. Stormwater Management Program Plan You must develop, implement, and enforce a stormwater management program (SWN1P) designed to reduce the discharge of pollutants from your small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The SWMP must be developed and fully implemented within five years from the effective date of the issued NPDES stormwater permit. For each of the measures listed below, provide a table that summarizes what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation. An example BMP summary table is provided in Appendix A. NPDES RPE Stormwater Permit Application 1.1. Public Education and Outreach on Storm Water Impacts �. a You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. Include the following information to explain your proposed program to meet these requirements. 1.l.1. BMP Summary Table See Appendix A 1.1.2 Target Audience: Explain the target audiences for your education program. Target audiences shouh those likely to have significant storm water impacts (including commercial, industrial and instituti entities). Describe why.those.target.atjdienccs wcrr wlected. The city has targeted tlic ouscholds employees, and all commercial operation All of these group will have an effect on storm water. Thehousc lio may dam u"— p and cause rerouting of the flow, while the commercial activities may increase the amount of impervious area thus resulting in runoff. 1.1.3 Target Pollutant Sources: Explain what target pollutant sources your public education program is designed to address and why those sources are an issue for your MS4. Trash: Trash will not only contaminate to water within the MS4 but may also cause problems for the water treatment plant, which is located down stream of the MS4 discharge Sediment: Sedimentation will not only increase the cost of production for our water plant but also can clog pipes and other transportation equipment for the storm water Disposal of household chemicals and used oil: Used oil will contaminate the ground water. The ground water is were the City source of water is ultimately obtained from. Application of lawn care products: Lawn care products which are applied and allowed to run off into the system help to provided nitrate which several organism live off of. These organisms often have a negative • impact on the system Car Washing. As a largely residential community car washing can have a dramatic effect on the pollutant in the runoff. 1.1.4 Outreach Program: Describe your outreach strategy, including the mechanisms (e.g., printed brochr newspapers, media, workshops, etc.) you will use to reach your target audiences , and how many people do you ex to reach by your outreach strategy over the permit term. Explain how you plan to inform individuals and househ about the steps they can take to reduce storm water pollution and how you plan to inform individuals and group how to become involved in the storm water program (with activities such as local stream and beach restora activities). Lowell will be using a number of different outreach ro6ga�ms..�Thc City will develop printed media at can be ran a local newspaper, ari laced��r_publiclocatiau lie city may also exp of mass mailing. These mailing{ D1"NCZZI`iir the tilt b Il as a separate insert in the bills. Also with this program there will sevcra ub rc rcarui the proposed ordinances that the people may attend. The city predicts that at least 2,000 people —of its current population of around 2,600 will be aware of the stormwater and the problems associated with illicit discharge by the end of the fifth year. 1.1.5 Decision Process: Document your decision process for the development of a storm water public education and outreach program. Your rationale statement must address your overall public education program and the individual BMPs, measurable goals and responsible persons for your program. The responsible person for the educational program will be the City Manger Ben Blackburn. The program will be aimed at the general population and the commercial activities that take place with in the city jurisdiction. The city will prepare an education plan in the coming years that will outline each step • that will be needed for an effective program. The city will then develop printed material that may be distributed on a number of different pollutants and programs. The city will also educate the employee who serve the citizen to ensure that they arc capable of answering any question that might come up. NPDES KVt niwrtttwaver rerrntt: ^pNua.uuanv 1.2 Public Involvement and Participation • You must at a minimum, comply with Stabs, Tribal, and local public notice requirements when implementing a public involverrnent/participation program. You can use this minimum requirement as your program for public involvement. if so, please provide appropriate documentation of the process followed and copies of the public notice(s) issued. The City will comply with the public hearing requirements to insures that there is adequate public involvement in the permitting process. The public hearing will be advertised for two consecutive weeks prior to the hearing in a local newspaper of general circulation. The first ad will run no sooner than twenty five days before the meeting and no later then ten days before the meeting. The advertisements will be attached to the permit. 1.3 Illicit Discharge Detection and Elimination you must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined in 40 CFK § )22.26(bx2)] into your MS4, Include the following information to explain your proposed program to meet these requirements. 1.3.1 BMp Summary Table See appendix A 1.3.2 Storm Sewer System Map: Describe how you will develop a storm sewer map showing the location of all outfalls and the names and location of all receiving waters. Describe the sources of information for the maps, and how you plan to verify ibe outfalls locations. If already completed, describe how you developed this map. Also, describe how your map will be regularly updated. The Storm sewer system map will be completed using infortation gained from the USGS, and FEMA flood plan maps, local city, and county records. The map will be a paper copy of our current zoning map and will be updated if any new oudalls are located or created. The accuracy will be verified using on site inspection. The map will be keep current by the Public Utilities Director, and will be located in the public utilities warehouse and the City Managers files. The City will complete one fifth of the trap every year for the next five years. 1.3.5 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory mechanism) you will use to cTfectively prohibit illicit discharges into the MS4 and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. The city will be examining the county proposed ordinance regulating stormwater. If the proposed ordinance meets the needs of the city then the city will adopt the county ordinance. If the ordinance does not meet the city needs then in ordinance specifically addressing Lowell will be written. 1.3.4 Enforcement: Describe your enforcement procedures and bow these will insure that the Illicit discbarr_e ordinance is implemented. The city will be relying on the county for enfornernent of the ordinance. The county will be using all necessary remedies to ensure that the compliance is achieved. Possible action that may be taken are withholding of the certificate of occupancy to a stop work order issued. 1.3.5 DetectiOo and Elimination: Describe your plan to detect and address illicit discharges to your system, Inclui discharges from illegal dumping and spills. Consider the use of Best Management practices (SNIPS) such as weather field screening for nou-storm water flows, field tests of selected chemical parameters as indicator Page 7 5WU-264-103102 NPDES RPE Stormwater Permit Application 1.3.5 Detection and Elimination: Describe your plan to detect and address illicit discharges to your system, inclu, discharges from illegal dumping, and spills. Consider the use of Best Management Practices (BMPs) such as e weather field -'screening, for non -storm water flows, field tests of selected chemical parameters as indicator discharge sources and on -site sewage disposal systems that flow into your storm drainage system. Your descrilt� must address the following, at a minimum: The City will use a combination of dry weather checks and water sampling to detect and eliminate illegal discharges. Using the data collected from the sampling of the outfalls the City will be able to locate high priority areas and address these through proper education and enforcement. The City will try to locate the illegal discharge of into the Stormwater system when through chemical test an abnormal chemical level is detected. The easiest and simplest way for the City to locate the source is by taking measurement along the feeding and receiving streams until one area can be identified as having the highest concentration. Visual inspection will take place after the area has been identified. 1.3.6 Procedures for locating; priority areas which includes areas with higher likelihood of illicit connections (e.g., areas with older sanitary sewer lines, for example) or ambient sampling; to locate impacted reaches. Procedures for tracing the source of an illicit discharge, including the specific techniques you will use to detect the location of the source. Illicit connections that can be traced during the collection of water samples will be located. Furthermore gray water will also be addressed through education a program that inform and encourages the citizens to report or correct the discharges. Also the City will be visually inspecting the areas during their normal work duties as soon as we can train our employees to detect these connections. 1.3.8 Procedures for removing the source of the illicit discharge.? The city will plan to eliminate illicit connection or discharges by first educating the population. Alter the education phase we will develop an ordinance that will provide us with all the enforcement ability given to . us by the slate. if the violation continues then we will seek help from the regional office for NCDENR. The city will respond to spills into our Stormwater system that have (lie potential to be hazards. We will use the Hazards Response Guidelines in place in our fire department. 1.3.9 Procedures for evaluation of the plan to detect and eliminate illicit discharges. Our program will be evaluated by using the water quality data collected over the years. If at the end of five years we do not see a degradation of water quality or a decrease in water quality then the program will be determined that it is effective. 1.3.10 Non Stormwater Discharges: Address the following; categories of non -storm water discharges or flows (i.e., it discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flush landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration defined at 40 CFR §35.2005(20)), uncontaminated pumped ground water, discharges from potable water soul foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, foe drains, lawn watering;, individual residential car washing, flows from riparian habitats and wetlands, dechlorin swimming; pool discharges, and street wash water (discharges or flows from fire fighting activities arc excluded NPDES RPE Stormwater Permit Application from the effective prohibition against non -storm water and need only be addressed where they are identifio significant sources of pollutants to waters of the United States). You may also develop a list of other similar occasional incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing these discharges to your MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodics, BMPs). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to your MS4. At this time the City will allow all of the above named pollutants to discharge into the system. 1.3.11 Outreach: Describe how you plan to inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Include in your description how this plan will coordinate with your public education minimum measure and your pollution prevention/good housekeeping minimum measure programs. The city will be using printed material that can be distributed to the general population through the use of mailers. The public employees will have materials distributed by the city manager on a regular basis that goes over storm water and what effects it can have on the environment. This will coordinate with file BMP's outlined in appendix A. 1.3.12 Decision Process: Document your decision process for the development of a storm water illicit discharge detection and elimination program. Your rationale statement must address your overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and • responsible persons for your program. • The city developed the BMPs by examining what it currently has in place. The city has only recently seen enough development pressures to cause concern about storm water runoff and will be addressing this issues using the BMPs outlined in this permit. This includes first mapping the area. Second we must write an ordinance for the city. Third we need to educate the employees and officials on the effects of Stormwater. Lastly is the education of the public. The responsible person for the program as it stands will be the City Manager . 1.3.13 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal, each of the BMPs. Goal I Develop an ordinance. The City will develop an ordinance that is easily understood by the local population. The City will be able to measure the effects of the ordinance by the decrease in the number of illicit connection or discharges. Goal 2 Develop a system map. The City will develop a system map for use as a reference material to developers, citizens, and City official. The City plans on having the whole system mapped in five years. Goal 3 The City will develop a fact sheet that will be placed in public areas in order to ensure that the general public will have access to information on illicit discharges. Goal 4 the City will provide information to the employees on illicit connection. The effects can be measured by noting the employees complaint and if the complaint had merit. Goal 5The City will develop a sop for enforcement. The SOP can be measured by the number of cases cleared each year. 0 NPDES RPE Stormwater Permit Application the effective prohibition against non -storm water and need only be addressed where they are identified as signifi. sources of pollutants to waters of the United States). You may also develop a list of other similar occasional incidental non -storm water discharges that will not be addressed as illicit discharges. These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of.pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions you have established for allowing these discharges to your MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). You must document in your SWMP any local controls or conditions placed on the discharges. You must include a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to your MS4. At this time the City will allow all of the above named pollutants to discharge into the system. 1.3.11 Outreach: Describe how you plan to inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Include in your description how this plan will coordinate with your public education minimum measure and your pollution prevention/good housekeeping minimum measure programs. The city will be using printed material that can be distributed to the general population through the use of mailers. The public employees will have materials distributed by the city manager on a regular basis that goes over storm water and what effects it can have on the environment. This will coordinate with the BMP's outlined in appendix A. 1.3.12 Decision Process: Document your decision process for the development of a storm ;eater illicit discharge detection and elimination program. Your rationale statement must address your overall illicit discharge detection and elimination program and the individual BMPs, measurable goals, and 40 responsible persons for your program. The city developed the BMPs by examining what it currently has in place. The city has only recently seen enough development pressures to cause concern about storm water runoff and will be addressing this issues using the BMPs outlined in this permit. This includes first mapping the area. Second we must write an ordinance for the city. Third we need to educate the employees and officials on the effects of Stormwater. Lastly is the education of the public. The responsible person for the program as it stands will be the City Manager . 1.3.13 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal: each of the BMPs. Goal 1 Develop an ordinance. The City will develop an ordinance that is easily understood by the local population. The City will be able to measure the effects of the ordinance by the decrease in the number of illicit connection or discharges. Goal 2 Develop a system map. The City will develop a system map for. use as a reference material to developers, citizens, and City official. The City plans on having the whole system mapped in five years. Goal 3 The City will develop a fact sheet that will be placed in public areas in order to ensure that the general public will have access to information on illicit discharges. Goal 4 the City will pro%7de information to the employees on illicit connection. The effects can be measured by noting; the employees complaint and if the complaint had merit. • Goal 5The City will develop a sop for enforcement. The SOP can be measured by the number of cases cleared each year. NPDES.RPE'Stormwater Permit Application Goal 6 The City will develop a,data.base for tracking enforcement action and illicit discharges. This database will help the City measure the effects of the stor�mvater controls on the system r h •'t t i1.4 Construction'Site Stormwater Runoff Control You must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part -of a larger common plan of development or sale that would disturb one acre or more. You may indicate your intention to rely on the State Erosion and Sediment Control Program (or a locally delegated program) and the DWQ general stonmvater permit for construction activities to meet these requirements. If you choose to develop and implement your own construction site stormwater runoff control program, then you must provide the following information. 1.4.1 HMP Summary Table See appendix A 1.4.2 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory mechanism) you will use to require erosion and sediment controls at construction sites and why you chose that mechanism. If you need to develop this mechanism, describe your plan and a schedule to do so. If your ordinance or regulatory mechanism is already developed, include a copy of the relevant sections as an appendix. You must establish requirements for: The City will be looking at the sediment and erosion control ordinance developed by the Gaston County Division of Environmental and Natural Resources. This ordinance addresses all major concerns that sediment and erosion controls causes. 1.4.3 Plan Reviews: Describe your procedures for site plan review, including the review of pre -construction site pl which incorporate consideration of potential water quality impacts. Describe your procedures and the rationa how you will identify certain sites for site plan review, if not all plans are reviewed. Describe the estimated nu !* and percentage of sites that will have pre -construction site plans reviewed. Currently the city does not ry sediment and erosion control measure for new and expanding development. if the city does adopt the county ordinance the county will review all plans for compliance. If the city does not adopt the county ordinance then a review process be established and an engineering firm contracted for those duties. 1.4.4 Enforcement: Describe your plan to ensure compliance with your erosion and sediment control regulatory mechanism, including'the sanctions and enforcement mechanisms you will use to ensure compliance. Describe your procedures for when you will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. Enforcement for the construction site Stormwatcr runoff controls will be handled through the county. The county and the city wilt be able to with hold certificates of occupancy if the regulation of the program are not inset. Tile enforcement of the ordinance will depend on the agreements in place at the time of adoption. If the city adopts there own ordinance then the city will use all available remedies to enforce the ordinance. 1.4.5 Inspections: Describe your procedures for site inspection and enforcement of control measures, including how will prioritize sites for inspection. Upon adoption of Gaston County sediment and erosion control ordinance all inspection will be handled by Gaston County. Areas of concern will be prioritize by categorizing their locations. . area that arc closer to outfalls will receive a higher -priority than areas farther away. One area of importance will be lands located along the South Fork River. 1.4.6 Public Information: Explain your procedures for receipt and consideration of information submitted by the public. Consider coordinating; this requirement with your public education program. ? The city holds regular meeting to which the public may attend and voice there concerns. A citizen may also file a formal complaint with the city if they feel that action has not been taken on the O matter. 3 -- NPDES RPE Stormwater Permit Application 1.4.7 Decision Process: Document your decision process for the development of a construction site stormwater ru control program. O The staff and council decided that the best way for a city the size of Lowell to handle the increase in responsibility was to contract with the county for administration of certain programs. 1.4.8 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal! each of the BMPs. The program will be evaluated by determining how effective the county has been in enforcement and site plan review. If we can tell a difference in water quality during sampling then the county ordinance and enforcement will be considered successful. Although we will not base our decision only on improved water quality. If there is not discernible impairment or dcgradation in water quality the City may also consider the ordinance and enforcement successful. 1.5 Post -Construction Storm Water Management in New Development and Redevelopment 1.5.1 Do you currently have development standards that address Stormwater management on new or redevelopment projects that disturb more than one acre of property. If you answered yes is this an ordinance that required plan reviews, and upkeep of BMP's , describe how it meets the requirements for this permit, and does it address structural and non-structural controls? No 1.5.2 Describe your maintenance program, including enforcement mechanism. The city does provided maintenance of the structural system on as needed bases as determined by the City Manager and Public Works Director. 1.5.3 Describe your plan review process. There is no review process . 1.5.4 Of all your current practices and strategies, list the ones that will be used as on -going; BM.Ps under this permit. None 1.5.5 Do you have requirements for structural BMPs to control Stormwater on site for new or redevelopment activities to control water quality? No 1.5.6 Describe the regulatory mechanism, those controls and how they were selected to control water quality'? There arc none 1.5.7 Do you have a regulatory mechanism to address post -construction controls for water quality? No 1.5.7 If you don not have standards that address post construction storm water management how will you meet this requirement. The City does not currently have a regulatory mechanism to control post construction. Although we will develop one to address the illicit connection to the system. The City will plan on developing the ordinance in year three of the storm water permit. 1.5.8 Describe how you will establish a long term maintenance program and who will pay for this program. The city will be incorporating a policy for long term maintenance of single family developments. Commercial sites will be responsible for their own upkeep of the sediment ponds and other BMP's. The city will also be examining the predicted cost of the program to determine if the program can be supported by the general fund or if a special assessment will be needed. 1.5.9 What minimum control will you follow? The city will be examine the use of buffers, built upon areas, sediment ponds, setbacks, and other proven BMP's. the city will then incorporate some of these into the zoning and subdivision ordinance. _-fin , NPDES.RPE Stormwater Permit Application 1.5.10 What are your priority areas another condition that may require special attention. The area along the South Fork would be our priority area. Other than this area the city cannot note any • other special condition or area that may be a priority. 1.5.11 Describe how the city will measure the goals of this program. The city will determine the effects of this section by tracking the sample obtained from the outfalls and monitoring the pollution levels for a stabilization or decrease. 1.6 Pollution Prevention/Good Housekeeping for Municipal Operations You must develop and 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. Using training materials that are available from EPA, your State, Tribe, or other organizations, your program must include employee training to prevent and reduce stonn 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. Include the following information to explain your proposed program to meet these requirements. 1.6.1 BMP Summary Table See appendix A 1.6.2 Affected Operations: - Specifically list your municipal operations that are impacted by this. operation maintenance program. You must also include a list of industrial facilities you own or operate that are subje4 NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated industrial activity that ultimately discharge to your MS4. Include the permit number and certificate of covie number for each facility. None that we can note. 1.6.3 Training: Describe any government employee training program you will use to prevent and reduce storm w pollution from activities such as park and open space maintenance, fleet and building maintenance, new construe and land disturbances, and storm water system maintenance. Describe any existing, available materials you pla use. Describe how this training program will be coordinated with the outreach programs developed for the pt information minimum measure and the illicit discharge: minimum measure. The city will began a process of education for all employees on the effects of stormwater run off. The employees will be given the material and information by the human resource department and will have discussion with the City Manger and Public Works Director on proper usage of chemicals and the effects on storm water. 1.6.4 Maintenance and Inspections: Describe maintenance activities, maintenance schedules, and long- term inspection procedures for controls to reduce floatables and other pollutants to your MS4. The City will be developing a maintenance plan for the system in the coning years. The plan will include inspection and maintained of areas when it is determined that they have been compromised or degraded. ,inspection will be the main source of this identification. The inspection will not only target illicit discharge but will be a review of the system performance. The inspectors wrill be qualified through training. 1.6.4 Vehicular Operations: Describe your controls for reducing or eliminating the discharge of pollutants from munic parking lots, maintenance and storage yards, waste transfer stations, fleet or maintenance shops with outdoor stoi areas, and salt/sand storage locations and snow disposal areas you operate. The city will explore the hipossibility placing materials such as salts and solid waste vehicles under a shelter. The vehicle maintenance will be keep minimum and proper techniques of spill clean up will be observed. NPDES RPE Stormwater Permit Application - 1.6.6 Waste Disposal: Describe your procedures for the proper disposal of.waste removed from your MS4 and your municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris. Non-liazards waste will be disposed of at the local landfill. Hazards waste will be disposed of following the guidelines for hazards waste disposal that the local fire department must follow. 1.6.7 Flood Management Projects: Describe your procedures to ensure that new flood management projects are assessed for impacts on water quality and existing; projects are assessed for incorporation of additional water quality protection devices or practices. Lowell will continue to use the flood plan construction ordinance in the zoning code and any additional FEMA guidelines in order to address these issues. 1.6.8 Existing ordinances: Describe your decision process for reviewing existing ordinances for possible modificatio address stormwater issues. Currently the City Manager is focusing on revising the City Code and Zoning Subdivision Code. While undertaking this process lie will examine the relevant ordinances for compliance with the si water permit and rules. 1.6.9 Decision Process: Document your decision process for the development of a pollution prevention/good housekeeping program for municipal operations. Your rationale statement must address both your overall pollution prevention/good housekeeping program and the individual BMPs, measurable goals, and responsible persons for your program. The City will develop a pollution prevention plan as needed for compliance with the permit. Also the City will consider the affected areas of the potential spills and take appropriate steps to litnits and control the effects of the spills. 1.6.10 Evaluation: Explain how you will evaluate the success of this minimum measure, including the measurable goal! each of the BMPs. • The measurable goal will include the identification of areas, which are owned by the City and have a potential to discharge storm waters. Option will be explored as to how the city can decrease the amount of pollutants in the run off. Beginning in year two the City will develop an implement a program were educational material is distributed to all of the employees. Employees who will be in charge of managing the systems performance will be given additional training to ensure that they will be capable of effectively discharging their duties. 9M 41 t jojd r - ----------- 60) Ye 1A FM 24 9-/ Ir..;. I C .... ...... . . . .... bI ""G .......... ....... . ....... . ..... .... X.." . ..... ... .. . .......... ..... ..... Reis bi ......... ......... .. ................. ... ...... . . . . II . . Develop ordinance Develop and ordinance and hold a public hearing Submit the ordinance x x x City Manager in the annual report Develop A System Map Prepare a system map over the five year span of the permit. The map will be developed by the public works director under the supervision of the city x x x x x City Manager manager Develop printed material on illicit Prepare printed material on illicit connection and place the material in areas were the public will have access to the material. Provided contact x x City Manager connections information to report any illicit connection that they may find. ' rain employees on how to detect illicit provided materials and training through the city managers offices on how to located illicit connections and who to contact when an illicit connection is x x City Manager connection. found Establish a data base on inspection Establish a computer data base on illicit connection complaints and enforcement action taken also track the inspection of the outfalls x x City Manager and enforcement Standard The city will work with the county in developing procedures for City Manager 1Develop procedures for the administrations of the program and responsible areas of each group programs I Ix I I L blish a plan Establish a plan review requirement with the county Inorder to ensure that :w sediment and erosion control measure are address during construction Establish an iEstablish the areas of responsibility between the city and county. Also nforcement develop penalties for non-compliance procedures x ievelop ordinance The city will be examine and amend any policies and ordinances that may nd policies that affect storm waters and construction projects. Attach in the annual report ddress infill, any new ordinances or policies which affect this section, also document the ediment and procedures followed when the changes were made, rosion controls, uilt upon areas, x lx City Manager City Manager City Manager • e s -�--- �) �A 1Ab Peal C � �. A 2K cili �c.a5 0 CITY OF LOWELL • ORGANIZATIONAL CHART MAYOR AND CITY COUNCIL CITY MANAGER CHIEF OF PUBLIC WORKS ADMINISTRATION POLICE DIRECTOR PRIO.Rl"I'Y CONTACT LIST BEN T. 13LACKBURN CITY MANAGER POLICE DEPARTMENT HAROLD SPRINKLES POLICE CHIEF MARK f3UCl-IANAN CAPTAIN PUBLIC WORKS DEPT. "1 HOMAS SHREWSBURY PUBLIC WORKS DIRECTOR BOBBY REID JACKIE LEWIS OFFICE 7048243518 CELL 704 616 8140 HOME 704 435 8987 _f OFFICE 704 824 8540 CELL 704 506 3143 CELL 704 506 3144 OFFICE 704 824 1072 CELL 704 913 1 149 HOME 704 435 4562 CELL 704 506 3145 HOME 704 824 9390 CELL 704 506 3146 HOME 704 827 7479 40 City of- Lowell 101 W. First Street f Lowell, North Carolina 28098 • Phone: 704-824-3518 • Fax: 704-824-4700 $ 9-90 Planning and Regulation of Development 9--92 4 Article 6. Flood Damage Prevention Part 1. General Provisions Sec. 9-90. Statutory authorization. f, The legislature of the State has in Parts 3, 5, and 8, Article 19, of Chapter 160A and Article 8 of Chapter 160A of the General Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the 3. public health, safety, and general welfare of its citizenry. Therefore the city council does ordain the sections which follow. (Ord. of 3/16/87) Sec. 9-91. Findings of fact. (a) (1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extra -ordinary public expenditures of flood protection, and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. s (2). These flood losses are caused by the cumulative f effect of obstructions --in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard n areas by uses vulnerable to floods or hazardous to other lands V which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages. Sec. 9-92. Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in -flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the__ alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging, and other development which may increase erosion or flood damage; and (5) prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 9 9-93 The Code S • 9-94 Sec. 9-93. Objectives. The objectives of this article are: (1) to protect human life and health; (2) to minimize expenditure or public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to the public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges, located in flood plains; (6) to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7) to insure that potential home buyers are notified that property is in a flood area. Sec. 9-94. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most - reasonable application. (1) "Addition" (to an existing building) means any . walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load -bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load -bearing walls is new construction. (2) "Appeal" means a request from a review of the local administrator's interpretation of any provision of this article, or a request for a variance. (3) "Area of shallow flooding" means a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. -- (4) "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (5) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. (6) "Basement" means that lowest level or story which has its floor subgrade on all sides. (7) "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than ten (10..).and no more then twenty (20) pounds per square foot. A 9 9-94 Planning and Regulation of Development 9 9-94 . wall with loading resistance of more than twenty (20) pounds per square foot requires an architect or professional engineer's certificate. (8) "Build ing"`means any structure built for support, shelter, or enclosure for any occupancy or storage. •(9) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (10) "Elevated building" means a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. (11) "Existing manufactured home park" or "manufactured home subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale, for which the construction' of facilities for servicing the lot on which the manufactured home is to be affixed (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this article. (12) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland water; b. the unusual and rapid accumulation of runoff of surface waters from any"sour=-:- (13) "Flood hazard boundary map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard and the risk premium zones applicable to the. community. (14) "Flood insurance rate map (FIRM)" means' an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (15) "Flood insurance study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood. (16) "Floodway" means the channel of a river or other watercourse, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. (17) "Floor" means the top surface,of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction, or top of wood flooring in' wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (18) "Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term does not include long term storage, manufacture, sales, or § 9-94 The Code 9-94 service facilities. (19) "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. (20) "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding. (21) "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. (22) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor provided that the enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this article. (23) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer, and intended to be improved property. (24) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. (25) "Mean sea level" means the average height of sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this section, the term is synonymous with national geodetic vertical datum (NGVD). (26) "National geodetic vertical datum (NGVD)," as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain. (27) "New construction" means structures for which the start of construction commenced on or after the effective date of this article. (26) "Remedy a violation" means to bring the structure or- other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impact of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the regulation, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other'development. (29) "Start of construction," for other than new • construction or substantial improvements under the coastal barrier resources , act (P.L. 97-348), includes substantial 9 9-94 Planning and Regulation of Development 9 9-95 improvement, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, or improvement was within 160 days .of the permit date. The actual start means the"first'placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land __..preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure, (30) "Structure" means a walled and roofed building that is principally aboveground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures. (31) "Substantial improvement" means any repair, reconstruction', or improvement, of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structures. The term does not, however, include either any project for improvement of a structure to comply with existing state and local health, sanitary, or safety code specifications, which is solely necessary to assure safe living conditions; or any alteration of a structure listed on the National Register -of Historic Places or a state inventory of historic places. (32) "Variance" is a grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article, where a specific enforcement would result in unnecessary hardship. (33) "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 9-103 through 9-105 and 9-107 through 9-111 is presumed to be in violation until such time as that documentation is provided. Sec. 9-95. Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the city. § 9-96 The Code - § 9-101 Sec. 9-96. Basis for establishing the areas of s ecial.flood , hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood hazard boundary map dated October .13, 1978, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this article. Sec. 9-97. Establishment of development permit. A development permit shall be required in conformance with the provisions of this article prior to the. commencement of any development activities. Sec. 9-98. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. Sec. 9-99. Abrogation and _greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another regulation conflict or . overlap, whichever imposes the more stringent restrictions shall prevail. - Sec. 9--100. Interpretation of article. In the interpretation and application of this article, all provisions shall be: ' -- (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 9-101. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger -floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard, or uses permitted within such areas, will be free from flooding or flood damages. This article shall not create liability on the part of the city, or by any officer or employee thereof, for any flood damage that results from reliance on this article or any administrative decision lawfully made thereunder. 9 9-102 Planning and Regulation of Development 1 9-104 Sec. 9-102. Penalties for violation. Violation of the., provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for -not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Part 2. Administration Sec. 9-103. Designation of local administrator. The zoning enforcement officer is appointed to administer and implement the provisions of this article. Sec. 9-104. Permit procedures. Application for a development permit shall be made to the local administrator on forms furnished by him prior to any development activities, and may include, but not be limited to the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) elevation in relation to mean seal level of the proposed lowest floor (including basement) of all structures; (2) elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; ( 3 ) provide a certificate from a.' registered professional engineer or architect that the non-residential floodproofed structure meets the floodproofing criteria in section 9-108(2); (4) description of the extent to which any watercourse will .be altered or relocated as a result of proposed development; and (5) provide a floor elevation or floodproofing certification after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest, floor, whichever is applicable, it shall be the duty of the permit --holder to submit to the local administrator a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the bottom of the horizontal structural members of the lowest floor, whichever is applicable, § 9-104 The Code 9 9-105 as built, in relation to mean sea level. This certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer, and certified by same. When floodproofing is utilized for a particular building, the certification shall be prepared by or under the direct supervision of a professional engineer or architect, and certified by same. Any work done withn the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The local administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure tomakethe corrections required hereby, shall be cause to issue a stop -work order for the project. Sec. 9-105. Duties and responsibilities of local administrator. Duties of the zoning enforcement officer shall include, but not be limited to: (1) Review all development permits to assure that the permit requirements of this article have been satisfied. (2) Advise permittee that additional federal or state permits may be rquired, and if specific federal or state permits are known, require that copies of those permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the State Department of Crime Control and Public Safety, Division of Emergency Management, state coordinator for the national flood insurance program, prior to any alteration or relocation of a water -course, and submit evidence of such notification to the Federal Emergency Management Agency. (4) Assure that maintenance is provided within the altered or relocated portion of the water course so that the flood -carrying capacity is not diminished. (5) Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Sections 9-107 through 9-111 are met. (6) Verify and record the actual elevation (in relation to mean sea level) of the lowest _floor (including basement) of all new or substantially improved structures, in accordance with Section 9-104(5). (7) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with Section 9-104(5). (6)____When floodproofing is utilized for a particular structure, the local administrator shall obtain certifications from a registered professonal engineer or architect in accordance with Section 9-106(2). (9) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the local administrator 1 9-105 Planning and Regulation of Development $ 9-106 ;'shall make the ':the location "opportunity to .article. necessary interpretation. The person contesting of the boundary shall be given a reasonable appeal they interpretation as provided in this (10) When base flood elevation data has not been provided in accordance with section 9-96, then the local administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source including daa developed pursuant to Section 9- 110(4), in order to administer the provisions of this article. , (11) All records pertaining to the provisions of this article shall be maintained in the office of the local administrator and shall be open for public inspection. Sec. 9-106. Variance rocedures. (a) The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this article. (b) The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this article. (c) Any person aggrieved by the decision of the board of adjustment, or any taxpayer, may appeal such decision to Superior Court, as provided in G.S. Chapter 7A. (d) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section. (e) In passing upon_ such applications, the board of adjustment small consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and; (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative locations not subject to flooding or erosion damage, for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; § 9-106 The Code § 9-107 (6) The relationship of the proposed use to the comprehensive plan and flood plain management program for that areas. (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) -the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (11) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above and the purposes of this article, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances-- shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship; and C. a determination that the granting of a variance will not result in increased flood heights, additional threats, to public safety, extraordinary public expense, create I nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall _. be given written, notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions. (4) The local administrator shall maintain the records of a1.1 appeal actions, and report any variances to the Federal Emergency Management Agency upon request. Part 3. Flood Hazard Reduction Sec. 9-107. General standards. I In all areas of special flood hazard, the following • provisions are required: -- ! (1) All new construction and substantial improvements 9 9-107 Planning and Regulation of Development § 9-108 shall be anchored to prevent floatation, collapse, or lateral movement of the structure. (2) Manufactured homes shall be anchored to prevent flotation, collapse, oz`'lat!''al movement. Methods of anchoring may include, but are not limited to, use of aver -the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind- forces . (3) All new construction and substantial improvements -----shall be constructed with materials and- utility equipment resistant to flood damage. (4) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. (5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems, and discharges from the systems into flood waters. (8) on -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding._ (9) Any alteration, repair, reconstruction, or improvement_ to a structure which is in compliance with the provisions of this article shall meet the requirements of new construction as contained in this article. Sec. 9-108. Specific standards. J In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Section 9-96 or Section 9-105(10), the following provisions are required: 3 (1) Residential construction. New construction or t substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than the #' base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movement of flood waters shall be provided. Y (2) Nonresidential construction. New construction or substantial improvements of any residential structure shall have the lowest floor, including basement, elevated no lower than the level of the base flood elevation. Structures located in AO zones may be floodproofed in lieu of elevation, provided that all ' areas of the structures below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall § 9-108 The Code $ 9-108 certify that the standards of this. subsection are satisfied. , Such certification shall be provided to the official as set forth in Section 9-104(5). (3) Elevated buildings._ New construction or substantial improvements of elevated buildings that include fully enclosed areas -formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. a. Designs for complying with this requirement ` msut either be certified by a professional engineer or architect, or meet the following minimum criteria: 1. Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one (1) foot above grade; and 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions. b. Electrical, plumbing, and other utility connections are prohibited below the base flood elevation. C. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door), , or limited storage of maintenance -equipment used in connection with the premises (standard .exterior door), or entry to the living area (stairway or elevator). d. The interior portion of the enclosed. -area shall not be partitioned or finished into separate rooms. (4) Floodways. Located within areas of special flood hazard established in Section 9-95 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and has erosion potential, the following provisions shall apply: a. Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. b. if Section 9-108(4)(a) above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 9-107 through 9-111. C. Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or , subdivision, provided the anchoring standards of Section 9- 107(2), and the elevation standards of Section 9-7-108(1) above are met. 9 9-109 Planning and Regulation of Development 9 9-111 Sec. 9-109. Standards for steams without established base flood elevations and/or floodways. Located within the areas of special flood hazard established in Section 9-96, where small streams exist but where --no base flood data has been provided or where no floodways have been provided, the following provisions apply: (1) No encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank, or twenty (20) feet each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with Section 9-105(10). When base flood elevation data is not available from a federal state, or other source, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. Sec. 9-110. Standards for subdivision proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and (d) Base flood elevation data shall be -provided for subdivision proposals and other. proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty lots or five acres. Sec. 9-111. Standards for areas of shallow flooding (AO zones). Located within the areas of special flood hazard established in Section 9-96 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and. where the path- of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number 'specified on the flood insurance rate map, in feet, above the highest, adjacent grade. If no depth number is specified, the lowest floor including § 9-111 The Code 9"9-111 basement, shall be elevated at least two feet above the highest adjacent grade. (2) All new construction and substantial improvements of nonresidential structures shall: a. have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. if no depth number is. specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent - grade; or b. together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects -of buoyancy. • RESOLUTION WHEREAS, The City Council for the City of Lowell, North Carolina, finds that in executing the requirements for the stormwater permit the authority to do so shall be delegated to the City Manager; and WHEREAS, The federal and state governments have required local govern- ments to complete and implement a stormwater permit; and WHEREAS, The implementation of the stormwater permit will be an ongoing project. NOW, THEREFORE BE IT RESOLVED, by the City Council for the City of Lowell, that the City Manager be authorized to assume the responsibilities of implementation, maintenance, and construction of all new and existing stormwater systems and programs. Motion to adopt the foregoing Resolution was made by Council - member �L',( r- .�_� , seconded by Council - member �'t L„ 41 "l (� ice_ .i,� . Said Resolution adopted in the regular meeting, duly assembled, this the I 11h day of February 2003 by the following vote: AYES: 3 NAYS: Q Ted Horne, Mayor ATTEST- j Judy B. Colgate, City Clerk n U TThursday,;January 30;2003--,The-Gaston'Gazette ' tta f> egals r .s,�' i:. e.uJ rLrr`f3-, AMR d and is not posted by the bidder at such sale, the of such defaulting bidder shall be rejected and the prop- erty shall be Immediately resold at public auction at the same time and place. The successful bidder shall be.required to ten- der the full balance of the pur- chase price so bid in cash or' certified check at the time the. Trustee lenders to him a Deed• for the property or ottempis to tender such Deed, 'and should the successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North' Carolina General 'Statute 45-21,30(c) and (d). The successfuf bidder may also be required to pay an assess- ment in the amount of thirty cents (300) per one hundred dollars ($100.00), or major trac- tion thereof, of the final sale price, with a minimum of $10.00 and a maximum of $200,00 as required by N.C.G.S. §7A-308(a)(1). If the premises -are still occupied by the present record owner, or any tenant upon con- firmation of the loreclosure sale by the Clerk of Superior Court and delivery of the Deed, the purchaser of the property at the foreclosure sale, being entitled AjWssession of the real prop - at that time, may evict persons occupying said premises. . This sale will be held open ten (10) days for upset bids as re- quired by law. ' This the 151h day of January, 2003. David W. Smith, III, Substitute Trustee ' 516 South New Hope Road Post Office Box 2636 Gastonia, NC 28053 Tol: 704 665 4400 2C-January 30, 2003 February 6, 2003 JASON YOUNG CONTACT RANI AT 307-632.5786,307-221-2046 NOTICE OF CONFIRMATION OF ASSESSMENT ROLL AND LEVYING OF ASSESSMENTS SOUTHWOODS SUBDIVI- SION '".. THE PUBLIC will take notice ' that the Assessment Roll for or the construction of an eight (8) th is r is inch sewer line extended from .' ou"alls Installed as a result of rl will annexation to serve the lots , and parcel§ within Southwoods 'ay Subdivision follows: Extending in a southwesterly direction Southwood Drive from New Hope • Road to vue Terrace an approxi- mate distance of 1,600 feet; ex- tending in a northwesterly di- .rection along Pinecrest Drive _ from Southwood Drive to the OF dead end an approximate dis- lance of 1,300 feel; extending )N in a southerly direclion along Pinev4ew Drive from Southwood Drive to the cul de )LI- sac an approximate distnnce of The following property '10 sold is located in Gaston G ty, North Carolina BEING the full contents of Townhouse #3 in Phase 1 of Willow Run Townhomes as shown upon plat thereof pre- pared by Mack Drake, R.S!, dated April 29, 1982 and re- corded in Plat Book 38 at Page 67 in the Gaston County Regis- try' 1. Subject to Covenants, Condi- tions and Restrictions as re - carded in Book 1406 at Page 307 in the Gaston County Reg- istry. . i; RECORD OWNERS OF THE REAL PROPERTY: { The record owners of the above -described real property as reflected on the records of the Gaston County Register of Deeds not more than 10 days' - prior to the posting of this No; tice are Loyce P. Dillard and John David Dillard. TERMS OF SALE: Pursuant to the provisions of NCGS 45-21.10(b). and the terms of the Deed of Trust, any successful bidder may be re- quired to deposit with the Trus- tee immediately upon the con-' ctusion of the sale a cash de- posit to be determined by the greater of 5% of the bid or $750.00 and will be required io tender the full purchase price so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should said suc- cessful bidder tail to pay the full balance purchase price so bid at the time, he shall remain lia- ble as provided for in NCGS 45-21.30(d)(o). The sale will be made subject to all prior liens, unpaid taxes, assess- ments, restrictions and ease- ments of record, it any. This the 16th day of January, 2003. r , Jay B. Green, ' , � Substitute Trustee 4601 Six Forks Road, Suite 500 Raleigh, North Carolina 27609 Telephone:919-786-2512 , Facsimile: 919-786-2513 ' 2C-January 30, 2003 February 6, 2003 NOTICE OF HEARING STATE OF SOUTH CAROL! NA a. COUNTY OF YORK PROBATE COURT IN THE MATTER OF SONJA MOGLE RHOADS CASE NUMBER 2002ES46000362 r , IL � � + A l ''r --�., - � Y-'*t„''�t{ndeeb.t'K';¢e:w`.a5,4:Yail+:'.f:fnd •6 ,Y+'.m�..'tiu� StSouth 5 West 300 feet from they' ysnt `, .4'w iCM`. ,itiA t Alvin Head '. `.,•• ' NOTICE-OF'PUBLIC-HEAR=- ING ON •SUBMISSION OF '. northwest intersection of said Post Office Box 1657' • '` General THE NPDES STORM WATER !unnamed street and' Lewis ' Gastonia,NC28053'• Body [ PAHSE it PERMIT. ';',:, Stret, said intersoctio en being a U f 1 point In the southern line of R. ' 4C-January 23, 30; 2003 I }},� Notice is hereby given that the L. Groves; thence with the ". February 6, 13, 2003 Tech foflowing public hearing will be western line of said unnamed `PUBLIC AUCTION Medium, High Tec held at 101 West First St. Low- , street South 5 West 50 feel to a body needed. 7c ell, NC 28098 Tuesday, Febrri•• corner of Rfryne's land; thence ' February 8,2003 qualified pars, ary 11 at 7:00 pm, before the with Rhyne's line North 84-30 8:00 a.m. City of Lowell City Council on 300 feet to another corner of +' Apply in per the following items. r ". { -said . Rayne land; thence with , gin N50' David Wilson Bo k another line of said Rhyne Terresa Carpenter j ' 704.866.7. NPDES Storm Water Phase 11 North 5 East 50 feet to the' 0 dy's Storage Permit. Under the direction kit.• southwest corner of lands of 704-922.5945 ;i'k Gel the EPA and the State of North , Sam Plumley, thence with said Carolina the City of Lowell will > Plumley line (southern) South 2C-January 30, 2003 ' Clean Up Hel be submitting a permit for corn; 84.30 East 300 feet to the Be- : - Febuary 6, 2003 � Needed for Mol pill with toe NPDES Storm ginning'. , : •j ',,,: - • - - & driving as needec Water Phase II regulation. NOTICE I OF PUBLIC HEAR-','- Apply at: Oulck These regulations will affect de=. " Title Reference: Book 2628 at . . ING ON SUBMISSION, OF, erg, 2641 Kings Mt velopment and redevelopment Page 624 of the Gaston County. THE NPDES STORM ,, activities within the City of Low'- .WATER Registry . ; -i .: ' c <.'': ^;,:j PAHSE II PERMIT' +' '; $ General ell jurisdiction. r lThe said property is, upon in- '. ; Notice is hereby given that the formation belief, locally f* I Q r� Text and maps showing the and following public hearing will be '. proposed wording and the furls-.. Idesignaled as 2507 Ridge Ave-.;' held at 210 N, Holland St. Dal- Better than. averag diction affected by the permit , Gastonia, North Carolina; ; Ias, NC 28034 Tuesday, Febru• commissions. Must �Inue, are on fife and available 10'r 28054. • }". 'r , ary 11 at 7:00 pm, before the, and reliable. Apply viewing between the hours of 'Town of Dallas Board of only. Gastonia Vid 8:00 am and 5:00 pm, Monday ►The sale will be made subject. , Aldermen on the following ; 414 W. Main Ave. G, thru Friday, in the office of the' • to all prior liens, unpaid taxes; . `, Items.-, .;' ; "' 'r ` ' - Genera! City of Lowell City Manager. In =, restrictions.' assessments.'. the City -of Lowell Administral tion offices located at the above easements and,all other, mat-, . NPDES Storm Water Phase 11 .' ters of record, if any. :,; {, " Permit. Under the direction of Counter Attl address. ?,..;`• i ! :I the EPA and the State of North ,The record owner, of the above Carolina the Town of Dallas will'. 'Way Needed for Union Cleaners. 7:3( rFurthermore all person having described real property as re -be submitting a permit for com-'. days/week. Apply it an interest in City of Lowell' flected on the records of the pliance with the NPDES Storm 2641 Kings Mountl ,North Carolina,. and its pel Gaston' County' Register of Water- Phase II regulation. ter, are; thorelofe, urged to be, present at these hearings. For Deeds s not more than ten MY- These regulations will affect de- days prior to the posting of this ' velopment and redevelopment 1 General further information, call (704J! : .Notice is Glenn W. Croft and activities within the "{Town of ife,HelenPCroft, Wife, Helen R Croft, Delivery F 824-3518. Any Individual re-# Dallas jurisdiction.'. qulring special accommodation should contact the City before 'Pursuant • to North -Carolina 'Text and maps showing the How does 2'3 hou the meetings. • - t" ` t • General Statute 45721.10(b), proposed wording and the juris- and the terms of the Deed of -diction for extra pay a is ... affected by the permit - weekends soul Ted Horne :'4,' Trust any successful bidder' are on file and available for Mayor, City of Lowell may be required to deposit with viewing between the hours of , USA TOOAY has i 2C-January 30, 2003 the Trustee Immediately upon 8:00 am and 5:00 pm, Monday conatusk)n of the sate a cash +. ihru Friday,• in the office of the . for an independer person work9nl February '6, 2003 y tleposit not to exceed the great Town of Dallas Community De- er of five (5%) of the morning hours Kings Mountainll L percent velopment Department. In the NOTICE—OF--SERVICE_OF�bid or seven hundred fifty dol- Town of Dallas Administration PROCESS OF PUBLICATION IN THE DISTRICT COURT. OF,; lars ($750.00). If a deposit is re-' offices located at the above ad- Good credit r ROCKDALE COUNTY IWTHE quired and Is not posted by the dress high bidder at such sale, the reliable van or required q STATE OFGEORGIA';- t: bid of such defaulting bidder, g Furthermore all person having. TO: Michael Talton '• shall be rejected and the prop-f 'an interest In Town of Dallas, . erty shall be immediately resold `. North Carolina, Its .To respond, pleas 24-hour hotlir By: Erick Durbin )' and peril at public auction at. the same •; ter, are, therefore, urged to be ; ri 1-$$8-$�4 +' time and, lace. The successfut':; p present these hearings. For '' TAKE NOTICE that a pleading ,•' P 9 bidder shall be required'to ten-; `: further informaffon,- cell (704): In General seeking relief as been filed ;, der the full balance of the pur-, ' 922-3176:' Any individual re-* against you: The n®ture of the relief being sought is the term!- _: chase price so bid In cash or. quiring special accommodation'•'.• certified check at the time the;- r1 tr, Diet Office iU nation of parental, rights of your" biological Zachary Tyler" should contact the Town before , Trustee tenders to him a Deed the meetings.'s x'iL. ., Certrf' 1,�d,'EXpf 'son Tellon for the purpose of -his for -the property or attempts tot tender such Deed, find Should Sam C. Rhyne y. !; We Have a position adoption by Erick Durbin., You � are required to make defense the successful bidder fail to pay Mayor, Town of Dallas the full balance of the purchase Stanley Total Livl charting, care - pla to such pleading not later than sixty (60) days from.the first , P rice so bid at that time, he ='i 20D3 shall remain liable of his bid as' loss, tray line checki er duties. Apply it date of publication (January 16, • p ( ry February , 20, February 6; 2003 ' • provided for in North Carolina STLC, 514 Old M 2003),to the clerk of court of, Rockdale county or by certified General Statute ;45721:30(c) Stanley, NC. 704-2 QW—Ml_11sul 'EXPERIENCED and (d). letter to Erick Durbin P.O. Box -z' 1671 Conyers, GA 30012, and ',The successful bidder may also SUCES� A Ministry of Co failure to do the „� General upon your so , , be required to pay an assess - party seeking service against you will appiy to the Court for; ment ' in the amount of thirty cents. (30c) per one hundred ' f the relief sought, which will ter-, doffars ($100.00), or major Iliac-' Houston needed. Must have porralion. Cell 704-6 minate any parental rights you tion thereof, of the final sale have. Hudson rForal-Dei ral NOTICE TO ALL PERSONS � price, with .a minimum of INTERESTED IN THE ES- 4C-January 16, 23, 30. 2003 $10.00 and a - maximum of ' {, TAT February 6, 2003 N.C.G S. §7As308(a)(1)ed ' by, says Notice is hereby given to all 'NOTICE OF TRUSTEE'S ' 20 people persons interested in the estate SALE OF REAL PROPERTY If the -premises are still as heirs or devisees, or other- occupied by the present record wise, calling on Diane Al STATE OF NORTH owner or any tenant upon con- son/Deanna Anderson/Diana CAROLINA COUN- firmation of the foreclosure sale Anderson, her personal repro• TY OF GASTON by the Clerk of Superior Court senlatives, heirs or devisees, to and delivery of the Deed, the appear before the Court nt the IN THE GENERAL COURT OF purchaser of the property at the . . — I—' fn—rncnra Gain anion 'WJIl H responded ' to his ' Help Wanted . . ad in itic2t "1" hniir & Temp Vale Day Driv Experienced Flora needed for uptowr area, Apply in pers Central Avenue, Cl call 704-335_I fuel .e ise fort a lion lac au if 1 1 b Ali Waaa�- I , $200.00 as -required by C.G.S. §7A-308(a)(1), S the premises are still occupied by the present record i, owner or any tenant upon con- s, - firmation of the foreclosure sale d by the Clerk of Superior Court h and delivery of the Deed, the II purchaser of the property at the s foreclosure sate, being entitled e. to possession of the real prop- erly erly at that time, may evict g those persons occupying said e 'promises. very. said This sale will be held open ten ime• (10) days for upset bids as ra- ider- quired by law. This the 151h.day of January, 2003.' ' David W. Smith, ill, Substitute ' Trustee ' 516 South New Hope Road Post Office Box 2636 Gastonia, NC 28053 3 Tel: 704 865 4400 2C-January 30, 2003 February 6, 2003 NOTICE OF EXECUTOR NORTH CAROLINA GASTON COUNTY ' fuafi- s es- The tindorsigned, having quall- sion, tied as Executor of the Estate islon of Ruth Phillips Bridgeman, de - re ceased, late of Gaston County, and reby notifies all. persons, alms, and corporations having :sent ims against the estate of sa- )n or d decedent to exhibit them to INS the undersigned on of before ,at of May 8,2003, or this notice will is In. be pleaded in bar of their recov- will ery. All persons firms, and cor- pay- porations indebted to the said Estate will please make imme- diate payment lb the under- n signed. ` r OF ION IQLI- sure hus- This the 6th day of February,; 2003, John O. Bridgeman, Executor Estate of Ruth Phillips Bridge - man Cnrol B, Wertz J. Ben Morrow, P.A. Attorney for the Estate 312 South Chester Street P.O. Box 116 Gastonia, N. C. 28053.0116 2C-Fobruary 6, 13, 20. 27, 2003 . NOTICE OF FORECLOSURE 4eilh SALE OF REAL ESTATE ,per. NORTH CAROLINA GASTON COUNTY 3ook IN THE GENERAL COURT ' unty OF JUSTICE it in SUPERIOR COURT DIVISION BEFORE THE CLERK ton FILE NO.02•SP-858 HE MATTER OF THE -E'S ECLOSURE OF THE 'Y ED OF TRUST EXECUTED BY LOYCE P. DILLARD, wid- e of . ow 'and JOHN DAVID con- DILLARD,',Single, Recorded in d of Book 1621, Page 696, Gaston ered County Registry. • and' (lat. DEED OF TRUST BEING rded FORECLOSED: �r of Pursuant to the terms of the inly, Deed of Trust execuled by Deed of Trust executed by Adrienne Vinson to John J. Ow- ens, Trustee(s), dated October 23, 2001, and recorded In Book 3329, Page 701, Gaston Coun- ty Reglslry, North Carolina. - Default having been made in the payment`ol the note there- by secured by the said Deed of Trust and the undersigned, PRIORITY TRUSTEE SER- VICES OF INC, L.L.C., having been substituted as Trustee in said Deed of Trust by an Instru- ment duly recorded In the Of- fice of the Register of Deeds of Gaston County, North Carolina, and the holder of the note evi- dencing said indebtedness hav- ing directed that the Deed of Trust be foreclosed, the under- signed Substitute Trustee will offer for sale at the Courthouse Door, in the City of Gastonia, Gaston County, North Carolina, at 10:00 AM on Thursday, Feb- ruary 20, 2003. and will sell to the highest bidder for cash the following described property sit- uated in Gaston County, North Carolina, to wit: Situated in Gaston county, State of North Carolina, and being further described as: February_6,. 003,:tThe-Gaston-Gazette ,Thursday, v.�«a:a�:�x+- ::=:r=,.mu*ura�,e�nraca�w. ,j I Permit. Under tha direction of ;' First Citizens Bank;; 8' Trust 1 Gaston County: Register of , a...rra•un..�,;w:�rvaa�w PUBLIC AUCTIOt 'the EPA and the Slate o1 North.', Company. Plaintiff ; ' 1.F,,r ;'; ; Deeds not more than ten 00) Carolina the Town of Dallas will',! vs. '-'� "' `days prior to the posting of this February 8, 2003 be submitting a permit for cam- .;•H. Dean Culbreth, Defendant. ,� Notice Is Glenn W. ' Croft and i 8:00 a.m. - pllance with the NPDES Storm , i wife, Helen P. Croft. `. ; , Water' Phase' fl -regulation. 'TAKE NOTICE that a pleading Bin N50 These regulations will affect de- seeking relief against you has " Pursuant to North Carolina' Tenesa Carpenter :velopmont and redevelopment been filed In the .above -entitled General Statute 45?21.10(b), Bundy's Storage activities within the ; Town of action, and the terms of the Deed of 704 922 5945 Dallas jurisdiction. s; :' ' : ' : " Trust, any successful bidder , The nature of the relief -being may be required to deposit with 2C-January 30. 2C Text and maps showing the . south is a suit to obtain judg- �' the -Trustee Immediately upon Febuary 6, 2003 proposed wording and the juris- ment in the amount of Fourteen conclusion of the sale a cash diction affected by the permit ',,Thousand Four Hundred Nine- ; deposit not to exceed the great - are on file and available for .' ly-Nlne ,and 94/1A0 Dollars at of five(5%) percent of the viewing between the hours of ($14,499.94) plus interest at the ' bid or seven hundred fifty dot- ' 8:00 am and 5:00 pm, Monday • rate of Nineteen and 901100 'Ears ($750.00). It a deposit Is re- General thru Friday, in the office of the percent (19.90%) pet annum t quired and is not posted by the Town of Dallas Community De- from and after September 16, high bidder at such sale, the , velopment Department. In the ;2002 until date of entry of Judg- 'i bid of such defaulting bidder FLUOR I Town of Dallas Administration = ment end thereafter at the legal shall be rejected and the prop- Relief position, rr offices located at above ad- rate until paid in full,- posses- erty shall be Immediately resold rieneed in slripr dress. Sion of its collateral, plus attor- at public auction at the same mopping floors, t ney's feeds in the amount of lit- , lime and place. The successful to work all shills. Furthermore all person having teen percent (15%) of the out- ' bidder shall be required to ten- Apply an interest in Town of Dallas, standing Indebtedness end -the ? der the lull balance of the put-- "` Kings Mtn I North Carolina, and Its perime- casts of this action, ,' • chase price so bid in cash or ter, are, therefore, urged to be certified check at the time the Human Res present at these hearings. For You are required to make de- Trustee tenders to him a Deed 706 West kin further information, call (704) ' tense to such pleading not later ' for the property or attempts to Kings Mour 922.3176. Any individual re- than March 18, 2003, and upon , lender such Deed, and should General, qulring special accommodation your failure to do so, the party the successful bidder tail to pay should contact the Town before seeking servlce against you will', the full balance of the purchase the meetings. apply to the Coun for the relief so bid at that time, he Inventory price sought.. shall remain liable on his bid as ' ' f0�� ourL Sam C. Rhyne : provided for in North Carolina . Mayor, Town of Dallas This the 2nd day of January, . General Statute 45721.30(c) T G'af, Beginning at a point In the ' 2003. ', and (d). We are en Tear, nvent Northerly line of Lot No. 12, the 2C-January 30, 2003 *_' ' service that is southerly corners of Lots Nos. February 6; 2003 Lance P. Marlin ' The successful bidder may also pgri have ope e 17 and 18, both being In Blodc�PUBLIC .ING R. N.C. Stale Bar I.D. No.: 027287 be required to pay an assess.., en inventory Cow '5" of Maplecrest Subdivisior, O S BMISSION 'ING ON SUBMISSION OF For the firm of Smith, ment in the, amount of thirty hundred, No experience as recorded in Plat Book 29 at Page 13, and thence with the ,THE NPDES STORM WATER Ward and P.A. 120 West Fire Tower Road cents (30c) per one dollars ($100.00). or major lroc- Oualificatlons: common line of lots Nos. 17, PAHSE II PERMIT.', • `� � I' PO Box 8088 lion thereof, at the final sale people with som, and an'eagerne and 18, N 01-21 E 188.78 Poet Notice is hereby given that the Greenville, NC 27835 8088 price, with a minimum of 7. Days availablli to a point in the westerly end of ' Liberty Court; thence, with the following public hearing will be' 2C-February 6, 13, 20, 2003 $10.00 and a. maximum o1 $200,00 as required by Start early m westerly end o1 Liberty Court. N westerly held at 101 West Firsl St. Low- t ail, NC 28098 Tuesday, Febru NOTICE OF TRUSTEE'S N.C.G.S. §7A-308(a)(1). no set hours, workday fs 7• W 25 feel; thence Si 88-07-W 44.50 feel; thence ary 11 at 7:00 pm, before the SALE OF REAL PROPERTY ' I1 the premises are still Advantages: with the arc of a curve with ra= a City of Lowell City Council ors- the following Items. I STATE OF NORTH occupied by the present record driving from Gas travel to count d dius of 100 feet to the right, distance 77.10 feet to a paint in I t CAROLINA COO owner or any tenant upon con, .firmation of the foreclosure sale Team atmos h E pN- the center of a branch, thence, NPDES Storm Water Phase 11 Permit. Under the direction of TY OF GASTON , . I by the Clerk of Court and and $7.50lhr, g Plus trove with the center o1 the branch In a southwesterly direction as it the EPA and the Stale of North • IN THE GENERAL COURT OF and delivery of the Deed, the purchaser of the property et the Additional hour meanders approximately 509.1 feet to the southwesterly corner Carolina the City of Lowell will be submitting a permit for com- JUSTICE SUPERIOR COURT DIVISION r foreclosure sale, being entitled ' to possession of the real prop- for qualified For more Infon ofpliance lot No. 18, N 74-14 E 270 with the NPDES Storm Water Phase II regulation. , "BEFORE THE CLERK D2.SP-124402-SP-1244 �: arty ai that time, may evict between 9a WESTERN IN foot to the point and place of These regulations will attest de- those persons occupying said SERVI( Beginning. velopmenl and redevelopment In the Matter of the Foreclosure promises. L (704)a23 Being a part of Lot No. 18 in `5' activities within the City of Low- elf jurisdiction. of the Deed of Trust of: ' Glenn W. Croft and wife, Helen This sale will be held open ten' General Block of the Meplecrest Subdivision, as shown in Plat E P. Croft, to Bob W. Lawing, (10) days for upset bids as re-' quired try law, Book 29 a1 Page 13, 9 Text and maps showing the proposed wording and the juris- Trustee for. G. O. Croft, as de. scribed In Book 2628,Page 627. Shirt Prf Being the same property can- diction affected by the permit in the Gaston County Registry;, ty g y , This the 14th day, of January, 2003. Needei ve el rayed to Jackie L. O'Dell hbreln era on file and available ,for viewing between the hours ofj r UNDER AND BY VIRTUE 01 . Quick Wa y deed from Jackie O'Dell (separated) and Tammy S. 3:00 am and 5:00 pm, Monday,' . the power and authority con- David W. Smith, III, Substitute Trustee A Apply in personal Mountain Hwy. •' O'Dell (Separated) dated April O' ll JS May 3, - thru Friday, In the office of the, y City of Lowell City Manager, In` tained in that certain Deed of Trust executed and' delivered ' 916 South New Hope Road Post Office Box 2636 , DanCI and recorded 1989 In May 3, 1989, Registers the City of Lowell Administra- lion offices located at the above by ° Glenn W. Croft end wife, Helen P. Croft, dated February ; . Gastonia, NC 28053 ' And Waitresses W Office for Gaston County,North Carolina. address: ,,. 3 1997, and recorded In the Tok 704 865 4400 ',• , . ,: , 704-868 2220. I Office of the Register of Deeds '-2C-January 30,•2003 ; i, Sold property is Commonly Furthermore all person having an interest in City of Lowell„ i for Gaston County, North Caro- Ilna, Trust . February 6, 2003 I Recept� known as 4801 Foreslwood Court, Gastonia, NC 26056. North Carolina, and its perlme i In Deed of Book 2628, Page 627, and because NOTICE TO CREDITORS, ' t '• Need ter, are, therefore, urged to be of default in the payment. of the 1 Third party purchasers must present at these hearings. Fort Indebtedness 'thereby secured ' Having qualified as Executor of Part TI pay the excise lax, and the further information, call (704) and failure to carry out or per.:- 824-3518. An individual,re- re-�r. ` y form the ,' stipulations and = the Estate of James B. Gar- land, deceased, who was a res- Approximate court costs of Forty-five Cents (45¢} per One Hundred Dollars ,, per. quiring special accommodation,' t agreements therein contained Ident of Gaston County, North per week P (450) A cash deposit (no should contact the City before the meetings. ', ;, . , and pursuant to the demand of- the owner and holder of the In- Carolina, with an address at the time of his death of 1339 Cove- afternoons. personal checks) of five perk cent (5%) of the purchase debtedness secured by sold nant Dr., Gastonia, N.C. 28054, consist Of 5wi p rice, or Seven Hundred F'r Ted Horne Mayor, City of Lowell Deed of Trust, and pursuant to the Order of the Clerk of 5upe- the undersigned does hereby notify all persons, firms and work'and Dollars ($750.00). whichever is greater, will be required at the . rior Court for Gaston Coun . ty' , , corporations shaving claims 'Office CfL time of the sale. Following thii 2C-January 30, 2003 i February 6,-2003 North Carolina, entered In this foreclosure proceeding, (File' ` against the estate'of said dece- dent to present'lhem, duly veri- Fax Re5U11 expiration of the statutory upset bid period, all the remaining NOTICE—OF`P,3 L C'HEAR� Number 02-SP-1244), the un. tied, to the undersigned at Gar- 'land 7Ow _A 24 �f v amounts are immediately due . ING TO CONSIDER SUBDIVI. ,.., dersigned as Trustee, will ex•I _. r , coin nr ,-•,rr,• "„•n.+n and Drum, P.A., Post Of- flop Bnx 1657. '(;aSlnnia. Nr. • • Peri-nit NCO025861 STATE OF NOR N-1 CAROLINA DEPARTMENT 0 F ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PVIRMiT TO DISCHARGE WASTEWATER UNDER THES NATIONAL POLLUTANT DISCHARC,-F-F,t_.IN NATION SYST E, M In compliance with tllc provision of North Carolina General Statute 143-215.1, other lawkiil standards and replations promulgated snci adopted try the Noah Carolina Environmcrital Nhnagcmcm Commission, anti the I��cdcral Water Pollution Control Act, a5 atllt;LILICd, the City of Lowell is hereby author.izecl to discharge wastewater from a facility located at the Lovell W\Xf 'P NCSR 2380 GastoIl County to receiving waters designated as the South Fork Catawba River in the Catawba River 13asin in accordance With effluent Iitlnitations, monitoring requirements, and other conditions set forth in Parts 1, 11,111 and 1V hereof. This permit shall become effective Phis permit and authorization to dischargc shall expire at midnight on January 31, 2005. Permit NC0025J61 • SUPPLEMENT TO PERi\4IT COVER SHEET The City of Lowell is hereby authorised to: 1. Continue to operate an existing 0.6 MGD contact stabilization wastewater treatment Facility with the following components: ♦ Influent pump station ♦ Mechanical bar screen ♦ Contact aeration basin ♦ Rcacration basin ♦ Final clarifier ♦ Chlorine gas disinfection ♦ Sulfur dioxide dechlorination system ♦ Aerobic digester • ♦ Sludge di.yiiig beds e Flow measuring device This facility is located in Lowell off NCSR 2380 at the Lowell WWTP in Gaston County. 2. Discharge from said treatment works at the location specified on the attached neap into the South Fork Catawba River, classified WS-V waters in the Catawba River Basin. 0 Permit NCO025861 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the periocl beginning on the effective date of this permit and lasting until expiration, the I'crmittce is • authorized to discharge from outfall 001, Such discharges shall be limited and monitored liy the 1'crinitrce as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Averaje .. Weekly -'Average:, 'Measurement Frequency :Sample Type Sample -Location x. Flow 0.6 MGM Continuous Recording Influent or Effluent -BGb 5-da .. 2TC .1..-1•--1- - 30.0 mg/L 45:0 mglL 3Mleek Composite Influent'and Effluent Total Sus ended Residual 30.0 mg/L 45,0 mg/L 3MJeek Composite influent and Effluent NH3 as-N 3/Week Composite Effluent Fecal Coliform(geometric mean 200 / 100 ml 400 / 100 mill 3Mleek . Grab Effluent Total Residual Chlorine 3/Week Grab. - Effluent.....-.. Temperature 2C 3/Week " Grab Effluent Total Nitro en NO2+NO3+TKN Quarterly Composite Effluent Total Phosphorus Quarterly Composite Effluent H2 3/Week Grab Effluent Chronic Toxici s Quarterly Composite Effluent Footnotes: 1. "lThc morathly average effluent BOD and Total Suspended Residue concentrations shall not exceed 15`%) of the respective influent values (85°/1 removal). 2. The pl-1 shall not be less than 6.0 standard units nor greeter than 9.0 standard units. 3. Chronic Toxicity (Ce?iodaphnia) Pass/Fail at 0.74"/v: lebruary, \lny, August c, November (see P<<rt 1. A. (2)). There shall be no discharge of floating solids or visible foam in other than trace amounts. • A. (2.) CHRONIC TOXICITY PERMIT LIMIT -Quarterly The effluent discharge shall at no time cshibit observable inhibition of reproduction or significant mortality to Ceirodaphnia dubia at an effluent concentration of 0.74%. The permit holder shall perform at a minimum, cluartcrIv monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subscqucnt versions or "North Carolina Phase 11 Chronic Whole Effluent Toxicity'17cst Procedure" (Revised-I-cbruary 1998) or subscqucnt versions. The tests will be performed during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If,the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-conccntration testing shall be performed at a miniinuin, in each of the two Following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Rcviscd-February 1998) or subscqucnt versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairnncnt of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequcnt versions. S (continued on nest page) Permit NC00258i 1 A. (2.) CHRONIC TOXICITY PERMIT LIMIT - Qutirterly (continued) All toxicity testing results required as"part of tlii's permit condition will be entered on the rfflcrcnt Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code'FGP313 for the pass/fail results and TI-iP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be salt to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mall Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Envjronrncntal Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monituring is required, the permittcc will complete the information located at the top of the acluatic toxicity (AT) test form indicating the facility namC, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittcc Fail to monitor during a month in which toxicity monitoring is required, monitoring will be rcduired during the following month. Should any test data From this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring recluirements or limits. NO'fl : Failure to achieve test conditions as specified in the cited clocurment, such as minimum control organism survival, minimum control organism reproduction, and appropriate cnvironimcntal controls, shall constitute an invalid test and will require immediate follow-up tcstin' g to be completed no later than the last clay of the month following the month of the initial monitoring. A. (3.) WASTEWATER MANAGEMENT PLAN No later than 180 days after the effective elate of this permit, the Pcrmittce shall submit to the NC DENR Mooresville Regional Office a wastewater management plan. The plan shall include, at minimum, the following elements: • ;'uture flows. Provide estirates of wastewater flows and characteristics for the next 1 0-20 years and the basis for those estimates, including; assumptions and calculations. • Alternatives analysis. Conduct a technical and economic evaluation of wastewater disposal alternatives, specifically including at least the following alternatives: • connection to the City of Gastonia wastewater collection system (or any uthcr POTM • connection to the Pharr Yarns W\V'I'P • implemcnration of a reuse program • any combination of the above options The analysis and report should be consistent with the IAA guidance document provided by the SDivision. (continued on next page) Permit NC0025861 A. (3) WASTEWATER MANAGEMENT PLAN (continued) • Facilities .assessment. Describe deficiencies and operational difficulties in the existing; collection and treatment systc ns which affect performance or permit compliance. Identify potential improvements to correct those deficiencies. At a minimum, ev:aluatc the following; considerations: • inflow and infiltration, • diversion of wasteloads during; peak Flows, • equipment repairs and preventative maintenance, • removal of accumulated solids, wastes, other debris • Optimization plan. Develop a plan for optimization, rehabilitation, expansion and/or replacement of the collection and treatment systems to achieve optimum performance. Identify specific measures and key tasks, including; those: in the above Facilities assessment, and provide an estimated schedule for completion of each. • Communications plan. Describe a plan for informing utility customers of their potential impacts on treatment system performance and appropriate practices for minimizing; those impacts, including; a schedule For implementation of the plan. At a minimum, include the following; Clements: • oil and 5teasc contributions to the collection and treatincnt system, • common practices that adversely affect tine collection/treatment system • notification procedures in ease of emcrgcncies. Submit the completed plan to: Mr. Michael Parker NC DI NR / Mooresvilic Regional Office 919 Forth Main Street iVlooresvillc, NC 28115 • 0 • Section B. Schedule of Compliance PART I (continued) I. The permittcc shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with final Effluent Limitations by the effective date of the permit unless specified below. 2. Pcrmittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittec shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. • .7 PART II STANDARD CONDITIONS FOR NPDES PERMITS b , SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, ct. seq. 5. MasslDayMeasurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. rI b_ The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. 0 c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. G. ncentrati n Measur mcn The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentrauon of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of al] the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. 0 Part II Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily • discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Lirnits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar clay. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under. "Other Limits" in Part I of the permit. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the conccntra6on of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the dischargc. •It is identified as "daily average" in the text of Part 1. f. The "quarterly average concentration" is the average of all samples taken over a calcndar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: )anuary through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous now measurement' is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement' is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. B. "I yP,.�cs of Samples a. Composite Sample: A composite sample shall consist of: (1) a' series of grab samples collected at equal time intervals over a 24 hour period of discharge and • combined proportional to the rate of flow measured at the time of individual sample collection, or Part 11 Page 3 of 11 8. a. (2) a series of grab samples of equal volume coflccted over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement betwcen sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected oven a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between 'influent grab samples shall be no greater than once perhour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number. of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples coflccted over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth roor of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric O mean, values of zero (0) shall be considered to be one 0). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respccuve flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the neitt day. Howcver, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. HazirdQus Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. ToxirPoflutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. SECTION B. GENERAL CONDITIONS Duty to Comply The permittee must comply with afl 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 a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these • standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part 11 Page 4 of 1 1 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 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 violarion, or irnprisonment 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' $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than tcn thousand dollars ($10,000) per violation may i c assessed against any person who violates or fails to act in accordance with the terms, conditions, or requiremtrnts of a permit. [Rcf. North Carolina General Statutes § 143-215.6Aj d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed 510,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties For Class 1I violations arc not to exceed $10,000 per day For each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. lau_ryso_ Mitigate The permittce shall take all reasonable steps to minimize or prevent an), discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liabilitv Except as provided in permit conditions on "Bypassing" (Part II, C-4) and ."Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, habiGtics, or penalties for noncomphancc pursuant to NCGS 143-215.3, 143-215.6 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, habilities, or penahics 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 USG 1321. Furthermore, the permittce is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. L'roper _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. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7, Scvcrability 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 inva€id, the application of such provision to other Ocircumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 5 of 1 1 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to_ Reapply If the permittee wishes _to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit 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 such information, forms, and fees as are required by the agency authorized to issue permits no later than I80 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Siena_t_oKy Requiremcnts All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. Ali permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership er sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if 0) 'I'hc authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position, having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the hermit Issuing Authority. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following ccrtifFcation: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best. of my knowledge and belief, .true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part 11 Page G of 11 12. 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. 13. Permit Modification, Revocation`an'�fRcissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the per 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 Codc, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. at. 14. Previous Permits .Ml previous National Pollutant Discharge EIimination System Permits issued to this facility, whether for operation or discharge, arc hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facil.ity under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. C crtifted Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type • and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I Facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilitics arc 50% complete. 2. :i?roper Operation and Maintenance The permittee shall at all times property operate and maintain all facilitics and systems of treatment and control (and related appurtenances) which are installed or used by the permittce to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance 1zrith the conditions of the permit. 3. Need to Halt r Reduce not a Defense It shall not be a defense for a permittce 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. 4. ray i.5sing of Treatment Fagil_ities a. Definitions p) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not.a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilitics which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part, I I Page 7of11 4. b. Bypass not exceeding limitations. . The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential.maintcnance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice 0) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittce shall submit notice of an unanticipated bypass as required in Part II, E. G. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittce submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. 0) of this section. 0 Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee, An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittce submitted notice of the upset as required in Part 11, E. G. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 1I, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an • upset has the burden of proof. Part 11 Page 8ofII G: Removed Substances Solids, sludges, Filter backwash, or other pollutants removed in the course of treatment or control of wastewaters ® shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of ,10 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittce shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Powcr Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 RcliabiEity, to prevent the discharge of untreated or inadequately treatcd wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Rcpresentativc_Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is O diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. 1tcPnrtine Monitoring results obtained during the previous month(s) shall be summarized for -each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate {low 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. The devices shall be installed, calibrated and maintained to ensure that the, accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring .flows with a maxitnum deviation of less than 10% from the true discharge rates throughout the range of expected discharge. volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be • subject to this requirement. Part1l Page 9 of I Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. sect, 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; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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. Records Retention Except for records of monitoring information required by this permit related to the permittec's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and al] original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or e application. This period may be extended by request of the Director at any time. 7. Recordinp, Results For each measurement or sample taken pursuant to the requirements of this permir, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The datc(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. $. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and . d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part 11 Page 10 of l l SECTION E REPORTING REQUIREMENTS • 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorizcd shall constitute a violation of the permit. 2. Planned_ Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted Facility. Notice is required only when: a. The alteration or addition to .a permitted facibty may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quanriry of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements und.cr 40 CFR Part 122.42 (a) 0). c. The alteration or addition results in a significant change in the permittec's sludge use or disposal practices, and such alternation, addition or change may justify the appEication of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance noftc to the Director of any planned changes in the permitted Facility or activity which may result in noncompliance with permit requirements. 4. Transfers • This permit is not transferable to any person except after notice to the.Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 1I. D. 2 of this permit) or, forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. . Twenty-four 1-lour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 cause; the period of noncompliancc, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. r LJ part.,11 Page ] l of l l 6. b. The following shall be included as in Formation which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. • (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. e. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge . digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer fine, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availabilitxof 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 shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent 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 143-215.1 (b)(2) or in Section 309 of the Federal Act, 11. 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 S10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 40 1111\A iii OTHER REQUIREMENTS LJ • A. Regkrircrncnts for Control of Pollutants Attribute. to Industrial Users. 1lfflucnt ]imitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal systetnl may be present in the permittec's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify CFfluent Iimitations for any or all of such other pollutants in accordance with best Practicable technology or water quality standards. 2. Under no circumstances shall the permittee allow introduction of the following wastes in the waste trcatmcnt system: a. Pollutants which. create a Fire or explosion hazard in the POTW, including, but not limitccl to, wastcstrcams with a closed cup flnshpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the PO'IAV, but in no case Discharges with pl-1 lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the PO'IAV resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, cte) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; c. Heat in amounts which will inhibit biological activity in the POTW resl:lting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°r) unless the Division, upon request of the POTW, approves alternate temperature limits; F. Petroleum oil, nonbiodcgraclablc cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at clischargc points designated by the POI'W. 3. With regard to the effluent requircmcnts listed in Part I of this permit, it may be necessary for the permittee to supplement the requirements of the Federal Pretrcatmctit Standards (40 CFR, Part 403) to ensure compliance by the permittce with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The permittcc shall require any industrial discharges into the permitted system to meet federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial uscr., the permittcc shall either develop and submit to the Division a Pretreatment Program For approval per 15A NCAC ' 21-1 .0907(a) or modify an existing Pretreatment Program per 15A NCAC 21-1 .0907(b). 5. This permit shall be modified, or alternatively, revolted and reissued, to incorporate or modify an approval POW Pretreatment Program or to include a compliance schedule for the development of a PO'IA'V Pretreatment Program as rccluired under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. 13. Construction No construction of wastewater treatment facilities or additions to add to the plant's trcatmcnt capacity or to change the type of process utilized at the trcatmcnt plant shall be begun until final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been I5SLrCd. Page 1 of 2 P ART 111 OTHER REQUIREMENTS C. Groundwater Nionitorintr . The permittec shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. D. Publicly Owncd `]'rcatmcnt Works All POT1v1s must provide adequate notice to the Director of the following: 1. Anv new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced into that POV"V by a source introducing pollutants into the PO'nV at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the PO'I X, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the 110"1'W. 13. Requirement to Continually l :valuate Alternatives to Wastewater Discharges ,Flic permittec shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDDS permit or governing rules, regulations or laws, the permittec shall submit ,t report in such form and detail as required by the Division evaluating these alternatives and a plan of action within silty (60) days of notification by the Division. • Page2of2 , I /. , 1, .. . " li.. . � . I :-\,;III .1-11zll�V-1 -;, , I. .: - ": 41 . .,� : , I . . " , ..; 1'...'j.,�- "'., :. .. 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