NCS000444_FINAL PERMIT_20170227

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
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DOC TYPE
FINAL PERMIT
0 ANNUAL REPORT
0 APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ 1c) I I C�a�
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Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
February 27, 2017
Town Manger
City of Lowell
155 N Main Street
Lowell NC 28058
Subject: NPDES Permit Number NCS000444
City of Lowell
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
RECEIVED
FEa 8 10
CENTRAL FILES
()WR SECTION
We are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between
North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently
amended).
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing
upon written request within thirty (30) days following receipt of this letter. This request must be in the
form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -
7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect
the legal requirements to obtain other permits which may be required by the other State, Federal or Local
Agency.
If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-
807-6374 or mike.randallnncdenr.gov.
Sincerely
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
cc: Mike Mitchell, EPA Region IV
Central Files
ec: Stormwater Permitting Files
DEQ Mooresville Regional Office
Attachment
Nothing Compares
SState of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
512 N. Salisbury Street 1102 Mal[ Service Center I Raleigh. Nori h Carolina 27699.1612
919 707 4200

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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 corporate limits
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, 11, 111, IV, V, VI, Vll and VIII hereof.
'Phis permit shall become effective February 20, 2017.
This permit and the authorization to discharge shall expire at midnight on February 19, 2022.
Signed this day February 20, 2017.
for Tracy E. Davis, P.E., CPM
Division of Energy, Mineral, and Land Natural Resources
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000444
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART It FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLS)
SECTIONI: ELECTRONIC REPORTING OF REPORTS [G.S. 143-215.1(b)]
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
I

PERMIT NO. NCS000444
PART] PERMIT COVERAGE
A. 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 will be controlled,
limited and monitored in accordance with the permittee's Stormwater Quality Management
Program, herein referred to as the Stormwater Plan. The Stormwater Plan shall detail the
permittee's stormwater management program for the five-year term of the stormwater permit
including, for each measure identified in the permit, a narrative description of the program, a
table that identifies each best management practice (BMP) used, the frequency of the BMP, the
measurable goals for each BMP, the implementation schedule, funding and the responsible person
or position for implementation.
B. All discharges authorized herein shall be managed in accordance with the terms and conditions of
this permit. Any other point source discharge to surface waters of the state is prohibited unless it
is an allowable non-stormwater discharge or is covered by another permit, authorization, or
approval.
C. This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
D. This permit covers activities associated with the discharge of stormwater from the MS4 within the
corporate limits of the permittee. The permit applies to corporate limits of the permittee, as well
as areas that seek coverage under this permit through inter -local or other similar agreements with
permittee. Agreements for coverage under this permit shall be approved by the Division of
Energy, Mineral, and Land Resources, herein referred to as the Division.
E. The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the permittee may petition the
Division to revoke or deny coverage under this permit for specific entities.
F. All provisions contained and referenced in the Stormwater Plan along with all provisions and
approved modifications of the Stormwater Plan are incorporated by reference and are enforceable
parts of this permit.
G. The permit requires the proper implementation of the Stormwater Plan. To the extent allowable
under State and local law, the permittee must develop and implement a Stormwater Plan in
accordance with Section 402(p)(3)(B)(iii) of the Clean Water Act. The purpose of the
Stormwater Plan is to establish the means by which the permittee will describe how it is in
compliance with the permit and with the provisions of the Clean Water Act. Compliance with the
six minimum measures in 40 CFR § 122.34(b) and with the requirements of this permit constitute
compliance with the Clean Water Act to reduce the discharge of pollutants from the MS4 to the
maximum extent practicable, to protect water quality, and to satisfy the applicable water quality
requirements of the Clean Water Act. Implementation of best management practices consistent
with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
Part 1 Page 1 of 2

PERMIT NO. NCS000444
H. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if
such discharges are:
1, Permitted by and in compliance with another permit, authorization, or approval, including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
2. Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line and fire hydrant flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwater;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from uncontaminated potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from firefighting activities.
3. The Division may require that non-stormwater flows of this type be controlled by
the permittee's Stormwater Plan.
Unless otherwise stated, full compliance with the requirements of the permit is expected upon the
effective date of the permit.
Part I Page 2 of 2

PERMIT NO. NCS000444
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to control to the
maximum extent practical the discharge of pollutants from its municipal storm sewer system associated
with stormwater runoff and illicit discharges, including spills and illegal dumping. The overall program
implementation however, will be subject to, at a minimum, either 1) an annual review by the Division to
determine implementation status and progression toward meeting the pollutant control intent of the
Stormwater Plan, i.e., a compliance audit, or 2) a voluntary assessment process as established by the
Stormwater Association of North Carolina (SWANC), NC APWA and their partners that is at least as
stringent as the annual review described herein. Voluntary assessments may be conducted by the local
government, another local government with and NPDES MS4 permit, or an independent third party and
shall be reviewed and approved by the Division. This includes, but is not limited to, the following areas:
1. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan and meet all requirements of this permit. The Stormwater Plan
shall identify a specific position(s) responsible for the overall coordination, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented and
position(s) assignments provided.
2. The permittee will implement provisions of the Stormwater Plan and evaluate the performance
and effectiveness of the program components at least annually. Results will be used by the
permittee to modify the program components as necessary to accomplish the intent of the
Stormwater Program. If the permittee implements the six minimum control measures and the
discharges are determined to cause or contribute to non -attainment of an applicable water quality
standard, to address the non -attainment, the permittee shall expand or better tailor its BMPs
within the scope of the six minimum control measures.
The permittee is required to keep the Stormwater Plan up to date. Where the permittee determines
or is informed by the Division that modifications are needed to address any procedural, protocol,
or programmatic change, such changes shall be made as soon as practicable, but not later than 90
days, unless an extension is approved by the Division. When it notifies the Division of proposed
modifications, the permittee will include an explanation and justification of the proposed changes.
The permittee shall provide at least 30 days for the Division to provide feedback on proposed
modifications. Major modifications to the Stormwater Plan shall not take effect until approved by
be submitted to the Director for approval.
4. The permittee is required to make available its Stormwater Plan to the Division upon request. The
pcnnittee is required to keep an up-to-date version of its Stormwater Plan available to the
Division and the public online. At a minimum, the perrittee The online materials shall include
ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other
regulatory mechanisms, providing the legal authority necessary to implement and enforce the
requirements of the permit.
The Division may review reports submitted by the permittee to assure that the
Stormwater Plan is implemented appropriately to address the requirements of the permit.
The Division may require modifications to any part of the permittee's Stormwater Plan
where deficiencies are found. If modifications to the Stormwater Plan are necessary, the
Division will notify the permittee of the need to modify the Stormwater Plan to be
Part 11 Page 1 of 15

PERMIT NO. NCS000444
consistent with the permit and will establish a deadline to finalize such changes to the
program.
6. Pursuant to 40 CFR 122.35, an operator of a regulated small MS4 may share the
responsibility to implement the minimum control measures with other entities provided:
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the
corresponding NPDES permit requirement; and
C. The other entity agrees to implements the control measure on behalf of the MS4.
Unless implemented by the State or where delegated by the state, the permittee remains
responsible for compliance if the other entity fails to perform the permit obligation and
may be subject to enforcement action if neither the permittee nor the other entity fully
performs the permit obligation.
7. The Permittee shall maintain, and make available to the Division upon request, written
procedures for implementing the six minimum control measures. Written procedures shall
identify specific action steps, schedules, resources and responsibilities for implementing the six
minimum measures. Written procedures can be free standing, or where appropriate, integrated
into the Storm Water Management Plan.
Part 11 Page 2 of 15

PERMITNO. NCS000444
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
Distribute educational materials to the community or conduct equivalent outreach
activities about the impacts of storm water discharges on water bodies and the steps the
public can take to reduce pollutants in storm water runoff.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public Education
and Outreach Program and shall notify the Division prior to modification of any goals.
BMP
Measurable Goals
a. Goals and Objectives
Defined goals and objectives of the Local Public Education and
Outreach Program based on community wide issues.
b. Describe target pollutants
The permittee shall maintain a description of the target
and/or stressors
pollutants and/or stressors and likely sources.
c. Describe target audiences
The permittee shall maintain a description of the target
audiences likely to have significant storm water impacts and
why they were selected.
d. Describe residential and
The permittee shall describe issues, such as pollutants, likely
industriallcommere ial issues
sources of those pollutants, impacts, and the physical attributes
of stormwater runoff, in their education/outreach program.
e. I.nformational Web Site
The permittee shall promote and maintain, an internet web site
designed to convey the program's message.
f. Distribute public education
The permittee shall distribute stonnwater educational material to
materials to identified target
appropriate target groups. Instead of developing its own
audiences and user groups. For
materials, the pennittee may rely on Public Education and
example, schools, homeowners,
Outreach materials supplied by the state, and/or other entities
and/or businesses.
through a cooperative agreement, as available, when
implementing its own program.
g. Maintain Hotline/Help line
The permittee shall promote and maintain a stormwater
hotline/helpline for the purpose of public education and
outreach.
h. Implement a Public Education
The permittee's outreach program, including those elements
and Outreach Program.
implemented locally or through a cooperative agreement, shall
include a combination of approaches designed to reach the target
audiences. For each media, event or activity, including those
elements implemented locally or through a cooperative
agreement the permittee shall estimate and record the extent of
ex osure.
Part 11 Page 3 of 15

PERMIT NO. NCS000444
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
Comply with State and local public notice requirements when implementing a public involvement
and participation program.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals
a. Volunteer community
The permittee shall include and promote volunteer opportunities
involvement program
designed to promote ongoing citizen participation.
b. Mechanism for Public
The permittee shall provide and promote a mechanism for public
involvement
involvement that provides for input on stormwater issues and the
stormwater program.
c. Hotline/Help line
The permittee shall promote and maintain a hotline/helpline for
the purpose of public involvement and participation.
Part 11 Page 4 of 15

PERMIT NO, NCS000444
SECTION D: I.LLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
1. Objectives for Illicit Discharge Detection and Elimination
a. Implement and enforce a program to detect and eliminate illicit discharges into the MS4.
b. Maintain a storm sewer system map, showing the location of all major outfalls and the
names and location of all waters of the United States that receive discharges from those
outfalls;
C. Prohibit, through ordinance, or other regulatory mechanism, non -storm water discharges
except as allowed in this permit and implement appropriate enforcement procedures and
actions;
d. Implement a plan to detect and address non -storm water discharges, including illegal
dumping, to the MS4;
C. Inform public employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste; and
f. Address the following categories of non -storm water discharges or flows (i.e., illicit
discharges) only if you identify them as significant contributors of pollutants to the MS4:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, charity car washes, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or
flows from firefighting activities are excluded from the effective prohibition against non -
storm water and need only be addressed where they are identified as significant sources
of pollutants to waters of the United States).
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge
Detection and Elimination Program and shall notify the Division prior to modification of any
goals.
BMP
Measurable Goals
a. Maintain an Illicit Discharge
Maintain a written Illicit Discharge Detection and Elimination
Detection and Elimination
Program, including provisions for program assessment and
Program
evaluation and integrating program.
b. Maintain adequate legal authorities
The permittee shall maintain an IDDE ordinances or other
regulatory mechanisms that provides the legal authority to
prohibit illicit connections and discharges.
c. Maintain a Storm Sewer System
The permittee shall maintain a current a map showing major
Map of Major Outfalls.
outfalls and receiving streams.
d. Implement a program to detect dry
The permittee shall maintain a program for conducting dry
weather flows
weather flow field observations in accordance with written
procedures.
Part II Page 5 of 15

PERMIT NO. NCS000444
BMP
Measurable Goals
e. Investigate sources of identified
The permittee shall maintain written procedures for
illicit discharges.
conducting investigations of identified illicit discharges.
f. Track and document investigations
For each case the permittee shall track and document l) the
illicit discharges
date(s) the illicit discharge was observed; 2) the results of the
investigation; 3) any follow-up of the investigation; and 4) the
date the investigation was closed.
g. Provide Employee Training
The permittee shall implement and document a training
program for appropriate municipal staff, who as part of their
normal job responsibilities, may come into contact with or
otherwise observe an illicit discharge or illicit connection.
h. Provide Public Education
The permittee shall inform public employees, businesses, and
the general public of hazards associated with illegal discharges
and improper disposal of waste.
i. Provide a public reporting
The permittee shall promote, publicize, and facilitate a
mechanism
reporting mechanism for the public and staff to report illicit
discharges and establish and implement citizen request
response procedures.
J. Enforcement of the IDDE
The permittee shall implement a mechanism to track the
ordinance
issuance of notices of violation and enforcement actions as
administered by the permittee. This mechanism shall include
the ability to identify chronic violators for initiation of actions
to reduce noncompliance.
Part II Page 6 of 15

PERMIT NO. NCS000444
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Pursuant to 40 CFR 122.35(b), the permittee may rely on the Gaston County Sediment and Erosion
Control Program to comply with this minimum measure. The Gaston County Sediment and Erosion
Control Program effectively meets the maximum extent practicable (MEP) standard for Construction
Site Runoff Controls by permitting and controlling development activities disturbing one or more
acres of land surface and those activities less than one acre that are part of a larger common plan of
development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4 of Title
15A of the North Carolina Administrative Code. The Gaston County Sediment and Erosion Control
Program continues to be monitored by the State to ensure the County effectively meets the MEP
standard established by the Sediment Pollution Control Act of 1973 and Chapter 4 of Title 15A of the
North Carolina Administrative Code.
2. The NCGO10000 permit establishes requirements for construction site operators to control waste such
as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality.
The permittee shall provide and promote a means for the public to notify the appropriate authorities
of observed erosion and sedimentation problems. The permittee may implement a plan promoting the
existence of the North Carolina Department of Environmental Quality (NCDEQ or DEQ), Division of
Energy, Mineral, and Land Resources "Stop Mud" hotline to meet the requirements of this paragraph.
Part 11 Page 7 of 15

PERMIT NO. NCS000444
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
a. Implement and enforce a program to address storm water runoff from new development
and redevelopment projects that disturb greater than or equal to one acre, including
projects less than one acre that are part of a larger common plan of development or sale,
that discharge into the small MS4. The program shall ensure that controls are in place that
would prevent or minimize water quality impacts.
b. Implement strategies which include a combination of structural Stormwater Control
Measures (SCM) and/or non-structural best management practices (BMPs) appropriate
for the community;
C. Use an ordinance or other regulatory mechanism to address post -construction runoff from
new development and redevelopment projects; and
d. Ensure adequate long-term operation and maintenance of SCMs.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program. To the extent there is any conflict between this
permit and the post -construction ordinances adopted by the permittee as approved by the
Division, the post -construction ordinances shall apply with regard to permit compliance.
BMP Measurable Goals
a. Adequate legal authorities Maintain through ordinance, or other regulatory mechanism,
adequate legal authorities designed to meet the objectives of
the Post -Construction Site Runoff Controls Stormwater
Management program.
The permittee shall have the authority to review designs and
proposals for new development' and redevelopment to
determine whether adequate stormwater control measures
will be installed, implemented, and maintained.
The permittee shall have the authority to request information
such as stormwater plans, inspection reports, monitoring
results, and other information deemed necessary to evaluate
compliance with the Post -Construction Stormwater
Management Program.
The permittee shall have the authority to enter private
property for the purpose of inspecting at reasonable times any
facilities, equipment, practices, or operations related to
stormwater discharges to determine whether there is
compliance the Post -Construction Stormwater Management
Program.
Part 11 Page 8 of 15

PERMIT NO. NCS000444
BMP
Measurable Goals
b. Strategies which include
Strategies which include Stormwater Control Measures
Stormwater Control Measures
(SCMs) appropriate for the MS4,;include, but are not limited
(SCMs) appropriate for the MS4
to compliance with 15A NCAC 02H Section .1000
effectively meets the Post -construction Stormwater Runoff
control requirements.
c. Plan reviews
The permittee shall conduct site plan reviews of all new
development and redeveloped sites that disturb greater than
or equal to one acre (including sites that disturb less than one
acre that are part of a larger common plan of development or
sale). The site plan review shall address how the project
applicant meets the performance standards and how the
project will ensure long-term maintenance
d. Inventory of projects with post-
The permittee shall maintain an inventory of projects with
construction structural stormwater
post -construction structural stormwater control measures
control measures
installed and implemented at new development and
redeveloped sites, including both,public and private sector
sites located within the permittee',s corporate limits that are
covered by its post -construction ordinance requirements.
c. Deed Restrictions and Protective
The permittee shall provide mechanisms such as recorded
Covenants
deed restrictions and protective covenants that ensure
development activities will maintain the project consistent
with approved plans.
f. Provide a mechanism to require
The permittee shall implement or require an operation and
long-term operation and
maintenance plan for the long-term operation of the SCMs
maintenance of Stormwater Control
required by the program. The operation and maintenance
Measures (SCMs).
plan shall require the owner of each SCM to perform and
maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs shall be
performed by a qualified professional.
g. Inspections
To ensure that all stormwater control measures meet the
permittee's performance standards and are being maintained
pursuant to the maintenance agreement, the permittee shall
develop and implement a written inspection program for
structural stormwater controls installed pursuant to the
permittee's post -construction program.
The permittee shall document and maintain records of
inspections, findings and enforcement actions and make them
available for review by the permitting authority.
Part II Page 9 of 15

PERMIT NO. NCS000444
BMP Measurable Goals
h. Educational materials and training The permittee shall make available through paper or
for developers electronic means, ordinances, post -construction
requirements, design standards checklist, and other materials
appropriate for developers. New materials may be
developed by the permittee, or the permittee may use
materials adopted from other programs and adapted to the
permittee's new development and redevelopment program.
i. Enforcement The permittee shall track the issuance of notices of violation
and enforcement actions as administered by the permittee.
This mechanism shall include the ability to identify chronic
violators for initiation of actions to reduce noncompliance.
3. Post -construction Stormwater Runoff Controls for New Development
a. In order to fulfill the post -construction minimum measure program requirement the
permittee may use the Department's model ordinance, design its own post -construction
practices that meet or exceed the rules found in 15A NCAC 02H 1000, or develop its
own comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure required by 40 Code of Federal
Regulations § 122.34(b)(5) (1 July 2003 Edition).
b. The permittee shall meet the requirements of the post -construction program for
construction projects that are performed by, or under contract for, the permittee. To meet
this requirement, the permittee may either develop the necessary requirements for post -
construction controls that will pertain to their own projects, or develop procedures to
ensure that the permittee meets these requirements by complying with another entity's
Phase II Stormwater Management Programs for post -construction. If the permittee
decides to rely on another program for compliance with these program areas for their own
projects, they shall indicate in their Stormwater Management Program that the permittee
will fully comply with the requirements of the second party's post -construction programs.
C. Pursuant to 15A NCAC 02H .0150, for areas draining to Nutrient Sensitive Waters,
permittees, delegated programs, and regulated entities must use stormwater control
measures (SCMs) that reduce nutrient loading in order to meet local program
requirements, while still incorporating the Stormwater controls required for the project's
density level. Documentation shall be provided where it is not feasible to use
stormwater control measures (SCMs) that reduce nutrient loading. In areas where the
Department has approved a Nutrient Sensitive Water Urban Stormwater Management
Program, the provisions of that program fulfill the nutrient loading reduction
requirement.
d. The design volume of SCMs shall take into account the runoff at build out from all
surfaces draining to the system. Where streets "convey" stormwater, all SCM shall be
sized to treat and control stormwater runoff from all surfaces draining to the SCM
including streets, driveways, and other impervious surfaces.
Part II Page 10 of 15

PERMIT NO. NCS000444
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations
Implement an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant runoff from municipal
operations.
b. Provide employee training to prevent and reduce storm water pollution from activities
such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and storm water system maintenance.
BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The pennittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
BMP
Measurable Goals
a. Inventory of municipally
The permittee shall maintain, a current inventory of facilities and
owned or operated facilities
operations owned and operated by the permittee with the potential
for generating polluted stormwater runoff.
b. Operation and Maintenance
The permittee shall maintain and implement, evaluate annually
(O&M) for municipally owned
and update as necessary an Operation and Maintenance (O&M)
or operated facilities
program for municipal owned and operated facilities with the
potential for generating polluted stormwater runoff. The O&M
program shall specify the frequency of inspections and routine
maintenance requirements.
c. Spill Response Procedures for
The permittee shall have written spill response procedures for
municipally owned or operated
municipally owned or operated facilities.
facilities
d. Streets, roads, and public
The permittee shall evaluate existing and new BMPs annually that
parking lots maintenance
reduce polluted stormwater runoff froth municipally -owned
streets, roads, and public parking lots within their corporate limits.
The permitte must evaluate the effectiveness of these BMPs based
on cost and the estimated quantity of pollutants removed.
f Operation and Maintenance
The permittee shall maintain and implement an O&M program for
(O&M) for municipally -
the stormwater sewer system including catch basins and
owned or maintained catch
conveyance systems that it owns and maintains.
basins and conveyance systems
d. Identify and map for
The permittee shall maintain a current inventory of municipally -
municipally owned or
owned or operated structural stormwater controls installed for
maintained structural
compliance with the permittee's post -construction ordinance.
stormwater controls
Part 11 Page 11 of 15

PERMIT NO. NCS000444
BMP
Measurable Goals
e. O&M for municipally -owned
The permittee shall maintain and implement an O&M program for
or maintained structural
municipally -owned or maintained structural stormwater controls
stormwater controls
installed for compliance with the permittee's post -construction
ordinance.
The O&M program shall specify the frequency of inspections and
routine maintenance requirements.
The permittec shall inspect and maintain municipally -owned or
maintained structural stormwater controls in accordance with the
schedule developed by permittee. The permittee shall document
inspections and maintenance of all municipally -owned or
maintained structural stormwater controls.
f. Pesticide, Herbicide and
The permittee shall ensure municipal employees and contractors
Fertilizer Application
are properly trained and all permits, certifications, and other
Management.
measures for applicators arc followed.
g. Staff training
The permittee shall implement an employee training program for
employees involved in implementing pollution prevention and
good housekeeping practices.
h. Prevent or Minimize
The permittee shall describe and implement measures to prevent
Contamination of Stormwater
or minimize contamination of the stormwater runoff from all areas
Runoff from all areas used for
used for vehicle and equipment cleaning.
Vehicle and Equipment
Cleaning
Part 11 Page 12 of 15

PERMIT NO. NCS000444
SECTION H: TOTAL MAXIMUM DAILY LOADS (TMDLs)
Objective of a Water Quality Recovery Program: Reduce levels of the pollutant of
concern in accordance with approved Waste Load Allocation (WLAs) assigned to
stormwater in an approved TMDL.
2. The Permittee shall comply with the requirements of an approved TMDL.
3. Within 12 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of existing programs, controls, partnerships, projects, and strategies
to address impaired waters and a brief explanation as to how the programs, controls,
partnerships, projects and strategies address impaired waters.
4. Within 24 months of the final approval of a TMDL, the permittee's annual reports shall
include an assessment of whether additional structural and/or non-structural BMPs are
necessary to address impaired waters and a brief explanation as to how the programs,
controls, partnerships, projects and strategies address impaired waters.
Within 36 months of the final approval of a TMDL, the permittee's annual reports shall
include a description of activities expected to occur and when the activities are expected
to occur.
If there was no storm water waste load allocation in the TMDL, in lieu of developing a
Water Quality Recovery Plan, the permittee shall evaluate strategies and tailor and/or
expand BMPs within the scope of the six minimum measures to enhance water quality
recovery strategies in the watershed(s) to which the TMDL applies. The permittee shall
describe the strategies and tailored and/or expanded BMPs in their Stormwater
Management Plan and annual reports.
Part 11 Page 13 of 15

PERMIT NO. NCS000444
SECTION I: ELECTRONIC REPORTING OF REPORTS ]G.S. 143-215.1(b)]
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,
2015. These federal regulations require electronic submittal of all MS4 program reports by no
later than December 21, 2020, and specify that, if a state does not establish a system to receive
such submittals, then permittees must submit monitoring data and reports electronically to the
U.S. Environmental Protection Agency (EPA).
2. This special condition supplements or supersedes the following sections within Part IV of this
permit (Reporting and Record Keeping Requirements):
• Paragraph 1. Records
• Paragraph 3. Annual Reporting
• Paragraph S. Report Submittals
Reporting Requirements [Supersedes Part IV, Paragraph 3.(a.)-(b.)] Note depending on what
EPA request in annual e-reporting [Supersedes Part IV, Paragraph 3.(a.)]
Starting on December 21, 2020, the permittee shall electronically report the following compliance
monitoring data and reports: Separate Storm Sewer System (MS4) Program Reports (See Part III
2., Program Assessment annual report)
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
4. Electronic Submissions [Supplements Part IV, Paragraph 8.]
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use EPA's website resources to identify
the initial recipient for electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities (initial
recipient) means the entity (EPA or the state, tribe, or territory authorized by EPA to implement
the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)]. As of permit issuance, The NC DEQ anticipates that EPA will be the initial
recipient for electronic MS4 Program Reports.
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Currently, Electronic Reporting
Rule information is found at: https://www.epa.gov/compliance/final-national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above. The permittee must electronically submit MS4 annual program reports no later than the
151h of the month following the completed reporting period. The permittee must sign and certify
all electronic submissions in accordance with the requirements of Part IV, Paragraph S. (c.) of this
permit.
Part II Page 14 of 15

PERMIT NO. NCS000444
How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
http://deq,nc.gov/about/divisions/water-resources/edmr
Records Retention [Supplements Part IV, Paragraph 1.]
The permittee shall retain records of all Program Assessment annual reports, including electronic
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Part 11 Page 15 of 15

PERMIT NO. NCS000444
PART III[ PROGRAM ASSESSMENT
The Division may request additional reporting and monitoring information as necessary to evaluate the
progress and results of the Perrnittec's Storrwater Plan.
A. Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative upon request.
B. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis to identify modifications and improvements needed to maximize Stormwater Plan
effectiveness to the maximum extent practicable. The permittee shall develop and implement a
plan and schedule to address the identified modifications and improvements. The permittee must
submit annual reports to the Department within twelve months from the effective date of this
permit. Subsequent annual reports must be submitted every twelve months from the scheduled
date of the first submittal. Annual reports that include appropriate information to accurately
describe the progress, status, and results of the permittee's Stormwater Plan and will include, but
is not limited to, the following components:
l . The permittee will give a detailed description of the status of implementation of the
Stormwater Plan as a whole. This will include information on development and
implementation of each major component of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
2. The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for the
proposed changes and how these changes will impact the Stormwater Plan (results,
effectiveness, implementation schedule, etc.).
3. The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
4. The permittee will include a summary of data accumulated as part of the Stormwater Plan
throughout the year along with an assessment of what the data indicates in light of the
Stormwater Plan.
5. The annual report shall include an assessment of compliance with the permit, information
on the establishment of appropriate legal authorities, inspections, and enforcement
actions.
C. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 90 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the plan, approve a plan with modifications, or reject the proposed
plan. The permittee will provide certification in writing in accordance with Part N, Paragraph
7(c) to the Director that the changes have been made. Nothing in this paragraph shall be
construed to limit the Director's ability to conduct enforcement actions for violations of this
permit.
D. The Division may request additional reporting information as necessary to evaluate the progress
and results of the permittee's Stormwater Plan.
Part III Page 1 of 2

PERMITNO. NCS000444
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
A. Records
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records and copies of all reports required by this permit, for a period of at least 5
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director.
B. Annual Reporting
The pennittee will submit reporting and monitoring information on an annual basis. Tile
annual report shall document:
a. A summary of past year activities, including where available, specific quantities
achieved and summaries of enforcement actions.
b. A description of the effectiveness of each program component
C. Planned activities and changes for the next reporting period, for each program
component or activity.
d. Fiscal analysis.
2. Reports submitted to submitted to satisfy other State Stormwater Reporting requirements
satisfy the annual reporting requirements of this permit to the extent that the reports
satisfy Part III, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part It Section I,
Electronic Reporting [g.s. 143-215, 1 (b)] of this permit
3. Completion and submittal of the reporting information contained within the online RIMS
Stormwater Management Program Assessment (SMPA) satisfy Part III, paragraph B 1-5,
Part IV, paragraph B 3 (c) and Part 11 Section I, Electronic Reporting [g.s. 143-215.1(b)]
of this permit through 2020.
4. Posting the results on the permittee website of the assessment process as established by
the Stormwater Association of North Carolina (SWANC), NC APWA and their partners
as conducted by another local government, a third party, or a self -assessment, satisfy Part
111, paragraph B 1-5, Part IV, paragraph B 3 (c) and Part 11 Section 1, Electronic
Reporting [g.s. 143-215. 1 (b)] of this permit.
C. Twenty-four Hour Reporting
The permittee shall report to the Division any noncompliance that may constitute an imminent
threat to health or the environment. Any information shall be provided orally within 24 hours
from the time the permittee became aware of the circumstances. A written submission shall also
be provided within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes, the
period of noncompliance and if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
D. Additional Reporting
In order to properly characterize the permittee's MS4 discharges or to assess compliance with this
permit, the Director may request reporting information on a more frequent basis as deemed
Part IV Page 1 of 2

PERMIT NO. NCS000444
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
E. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information.
F. Planned Changes
The permittee shall notify the Director of any planned modifications to the Stormwater Plan.
Notice shall be given as soon as possible when deleting a provision of the approved Stormwater
Plan; or where the modification could significantly change the timeframe for implementation of
parts of the program or negatively influence the effectiveness of the approved program. Notice of
any changes is required at least through the annual report.
G. Report Submittals
All reports required herein, not submitted electronically shall be submitted to the
following address:
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
All applications, reports, or information, other than those submitted electronically, shall
be signed by a principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if
a. The authorization is made in writing by a principal executive officer or ranking
elected official;
b. The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmentaUstormwater
matters; and
C. The written authorization is submitted to the Director.
Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 2 of 2

PERMIT NO. NCS000444
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.
The pennittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment 'Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$37,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person; who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$16,000 per violation with the maximum amount not to exceed $177,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)]
C. Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
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 II violations
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act
and the Federal Civil Penalties inflation Adjustment Act (28 U.S.C. §2461 note) as
amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$11,000 per day for each day during which the violation continues, with the maximum
amount of any Class It penalty not to exceed $137,500).
Part V Page 1 of 5

PERMIT NO. NCS000444
2. Duty to Mitigate
The permittee shall take reasonable steps to minimize or prevent any discharge in violation of this
permit that has a reasonable likelihood of adversely affecting human health or the environment.
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.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations,
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 5

PERMIT NO. NCS000444
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittec for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
11. Duty to Reapply
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit a
permit renewal application and fees as are required no later than 180 days prior to the expiration
date of this permit. Any permittee that has not requested renewal at least 180 days prior to
expiration, or any discharge that does not have a permit after the expiration and has not requested
renewal at least 180 days prior to expiration, will be subject to enforcement procedures as
provided in NCGS 143-215.6 and 33 USC 1251 et seq. The renewal application shall include a
review of the Stormwater Program development and implementation over the life of this permit,
the status of programs and a description of further program development to be implemented over
the future permitting time period.
Part V Page 3 of 5

PERMIT NO. NCS000444
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures, when necessary. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 5

PERMIT NO. NCS000444
SECTION C: INSPECTION, ENTRY AND AVAILABILITY OF REPORTS
1. Inspection and Entry
The pennittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records of the permittee that shall be
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations of the permittee regulated or required under this
permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location under the control of the pennittee.
2. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Energy, Mineral, and Land
Resources. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the
Federal Act.
Part V Page 5 of 5

PERMIT NO. 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. at.
Part VI Page 1 of 1

PERMIT NO. NC5000444
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee shall pay the administering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H
.0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part Vll Page 1 of 1

PERMIT NO. NCS000444
PART VIII DEFINITIONS
Act
See Clean Water Act:
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
3. Built -upon Area
"Built -upon area" or "BUA" has the same meaning as in G.S. 143-214.7.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 12519 et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts,
permit application, zoning request, or computer design) or physical demarcation (including but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
It can include one operator or many operators.
6. Department
Department means the North Carolina Department of Environmental Quality.
7. Division (DEMLR)
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
8. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
Part Vlll Page 1 of 5

PERMIT NO. NCS000444
EMC
The North Carolina Environmental Management Commission.
10, Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
11. Industrial Activit
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
12. Large or Medium Municipal Separate Storm Sewer System
All municipal separate storm sewers that are either:
(a) Located in an incorporated place with a population of 100,000 or more as determined by
the Decennial Census by the Bureau of Census; or
(b) Located in the counties with unincorporated urbanized populations of 100,000 or more,
except municipal separate storm sewers that are located in the incorporated places,
townships or towns within such counties; or
(c) Owned or operated by a municipality other than those described in paragraph (a) or (b)
and that are designated by the Director as part of the large or medium separate storm
sewer system.
13. Major municipal separate storm sewer outfall or "major outfall"
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
14. MEP
MEP is defined in the Federal Register (U.S. EPA, 1999, p. 68754). This document says
that "Compliance with the conditions of the general permit and the series of steps
associated with identification and implementation of the minimum control measures will
satisfy the MEP standard." Minimum control measures are defined in the Federal
Register as (1) public education and outreach, (2) public participation/involvement, (3)
illicit discharge detection and elimination, (4) construction site runoff control, (5) post -
construction runoff control, and (6) pollution prevention/good housekeeping.
Part Vill Page 2 of 5

PERMIT NO. NCS000444
15. Minimum Design Criteria (MDC)
"Minimum Design Criteria" or "MDC' means the requirements set forth in 15A NCAC 02H .1050
through 15A NCAC 02H A 062 for siting, site preparation, design and construction, and post -
construction monitoring and evaluation necessary for the Department to issue stormwater permits that
comply with State water quality standards adopted pursuant to G.S. 143-214.1.
16. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under Section 208 of the Clean Water Act
(CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
17. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee shall address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, charity car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows
from firefighting activities are excluded from the definition of illicit discharge and only need to
be addressed where they are identified as significant sources of pollutants to waters of the United
States).
18. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
Part VIII Page 3 of 5

PERMIT NO. NCS000444
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
19. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
22. Redevelopment
"Redevelopment" has the same meaning as in G.S. 143-214.7.
23. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
24. Storm Sewer System
Is a conveyance or system of conveyances which are designed or used to collect or convey
stormwater runoff that is not part of a combined sewer system or treatment works. This can
include, but is not limited to, streets, catch basins, curbs, gutters, ditches, man-made channels or
storm drains that convey stormwater runoff.
25. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
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PERMIT NO. NCS000444
26. Stormwater Control Measures (SCM)
"Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a
permanent structural device that is designed, constructed, and maintained to remove pollutants from
stormwater runoff by promoting settling or filtration; or to mimic the natural' hydrologic cycle by
promoting infiltration, evapo-transpiration, post -filtration discharge, reuse of stormwater, or a combination
thereof.
27. Stormwater Management Program (SWMP)
The term Stormwater Management Program (SWMP) refers to the stormwater management
program that is required by the Phase I and Phase 11 regulations to be developed by MS4
permittees.
28. Stormwater Plan
The Stormwater Plan is the written plan that is used to describe the various control measures
and activities the permittee will undertake to implement the stormwater management
program. The Stormwater Plan is a consolidation of all of the permittee's relevant ordinances
or other regulatory requirements, the description of all programs and procedures (including
standard forms to be used for reports and inspections) that will be implemented and enforced
to comply with the permit and to document the selection, design, and installation of all
stormwater control measures.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
30. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and
still meet water quality standards, and an allocation of that amount to'the pollutant's sources. A
TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Part VIII Page 5 of 5

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 8, 2004
Ben Blackburn, City Manager
101 West First Street
Lowell, North Carolina 28098
Subject: NPDES Permit Number NCS000444
City of Lowell
Dear Mr. Blackburn:
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210)
- Phase II Stormwater Management. The Governor signed the bill on August 2, 2004. This bill
addresses implementation of the federal NPDES Phase 11 stormwater program in North Carolina.
In S 1210,.the General Assembly provided a framework that will allow state and local
government agencies to begin implementing the program. The bill establishes minimum
stormwater management requirements for municipal storm sewer systems and also applies
stormwater controls to some developing areas around these municipalities.
Phase H Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's
permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. All comments and request
should reference draft permit number NCS000444. Please provide your comments by Friday,
December 10, 2004. If you have any questions about this draft permit don't hesitate to contact
me at [phone], ext. 584.
Sincerely,
4ih
v;
Ken Pickle
cc:(Stormwater Permitting -Unit
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Ralcigh, North Carolina 27699-1617 [phone]
M
RWEhR
Customer Service
1-877-623-6748