NCS000444_OTHER_20041020

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
/���QbC�C��
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DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
❑ COMPLIANCE
[g./6THER
DOC DATE
❑
YYYYMMDD

OF WA7'F Michael F. Easley, Governor
William G. Ross )r., Secretary
North Carolina Department of Environment and Natural Resources
GO T- Alan�}aek,�p,rE; ,-Director
Ton of Wate IQ`6aliry
p Coleen !i. ullPsiS',tDeputy Director.' `:
[i Las%ri of Water Quality
r-
STAFF REVIEW AND EVALUATION
NPDES. Stormwater Permit
Facility Name:
NPDES Permit Number:
Facility Location:
Type of Activity:
Receiving Stream:
River Basin:
Stream Classification:
Proposed Permit Requirements:
Compliance Schedule:
Basis for Monitoring:
Basis for Other Requirements:
Response Requested by (Date):
DOCUMENTS REVIEWED
City of Lowell
NCS000444
City of Lowell e
South Fork Catawba River, Duharts Creek, and unnamed
tributaries to them.
Catawba River Basin
WS-V
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
October 15, 2004
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted
on March 11, 2003 is sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) _ .L 1aZL _ __ _ Date o I— _
Stormwater Permitting Unit Supervisor ^ -" 13i Date
Concurrence by Regional Office C� Date
Water Quality Supervisor
Date
AS A
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-0749

WATk Michael F. Easley, Governor
`Oaf. 9 pG William G. Ross Jr,, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, R E. Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
September 28, 2004
Ben T. Blackburn, City Manager
101 West First Street
Lowell, North Carolina 28098
Subject: NPDES Permit Number NCS000444
City of Lowell
Dear Mr. Blackburn:
Enclosed for your review and comment is the draft Phase II NPDES
Stormwater Permit for the City of Lowell. Following an appropriate public notice
and comment period, we anticipate this permit will become effective in the 4th
quarter of 2004.
We believe that this draft permit will provide your community with the
flexibility vital for your community, while at the same time safeguarding and
protecting our natural environment for future generations of North Carolinians.
We look forward to receiving your comments on this draft permit and
continuing to work together for the benefit of your community and North
Carolina. Please provide your comments by Friday, October 1S, 2004. You will
also have an opportunity to submit comments during the public comment period
in November, 2004. If you have any questions about this draft permit please
contact me at [phone], ext. 584.
Sincerely,
Ken Pickle
Permit Writer
cc: Stormwater Permitting Unit
[Moo.resville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
Ag*,4
- NME—NR
Customer Service
1-877-623-6748

NCS000444
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 provisions of North Carolina General StatLffed43-215.1, other lawful
standards and regulations promulgated and adopted by the No th Carolina Environmental
A-
..Q
Management Commission, and the Federal Water Pollution-Vontrol Ac --,?as amended,
City of Lowell
is hereby authorized to discharge stormwater from their rriunicipal separate storm sewer system
located:
within the C;�tev' Lowell urisdictional Area
Gaston County
to receiving waters South Fork Catawba River `�,Duharts Creek, and unnamed tributaries to them,
all within the Catawba River basin iri accordance with the discharge limitations, monitoring
requirements, and other conditiontsetaforth in Parts I, II, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, Q.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

NCS000444
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

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 will be controlled, limited and monitored in accordance with the
permittee's ve Stormwater Management Program Plan, herein referred to as the
Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II
Municipal NPDES Stormwater Permit Application, Stormwater Management Program
Plan, and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee and surrounding areas as described in the
approved local Stormwater Plan to control potential pollution from the MS4. The permit
applies to current and future jurisdictional areas of the permittee, as well as areas that
seek coverage under this permit through inter -local or other similar agreements with the
permittee. Agreements for coverage under this permit must be approved by the Division
of Water Quality, herein referred to as the Division.
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 an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
Part I Page 1 of 2

NCS000444
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential 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

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
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
1. The permittee will develop and maintain adequate legal authorities to implement all
provisions of the Stormwater Plan. The permittee will keep the Division advised of the
status of development of appropriate ordinances and legal authorities and will pursue
these authorities in accordance with the schedule outlined in the Stormwater Plan. Any
changes to the schedule must be approved by the Director.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
The permittee will implement the appropriate components of the Stormwater Plan to
assure that, to the maximum extent practicable, illicit connections, spills, and illegal
dumping into the MS4 are prohibited.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include, but is not limited to, the provisions of this
permit and the applicable provisions of the permittee's Stormwater Plan,
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
5. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the permit application and in accordance with this permit.
8. The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural and non-
structural best management practices to protect water quality, to reduce pollutant loading,
and to minimize post -development impacts. This program will include provisions for
long-term operation and maintenance of BMPs.
Part U Page I of 12

NCS000444
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
14. Proposed permit modifications must be submitted to the Director for approval.
11. In the first Annual Report after issuance of this permit, or after establishment of an
approved TMDL for a pollutant of concern in the permittee's storm water discharges
during this permit term, the permittee shall identify the impaired stream segment(s)
and/or tributaries to these impaired stream segments and the location of all known MS4
outfalls discharging a pollutant of concern to these segments or occurring within one
linear mile upstream of these segments. The permittee shall also propose a monitoring
plan (Plan) in the Annual Report for each pollutant of concern. The Plan shall include the
sample type, frequency, any seasonal considerations, and an implementation schedule to
monitor for each pollutant of concern. The Plan must also include a schedule for the
permittee to confirm the location of all MS4 outfalls discharging a pollutant of concern to
the impaired stream segments, or within one linear mile upstream of these segments.
Subsequent Annual Reports will include an assessment of the data for each pollutant of
concern, and an assessment of the effectiveness of the BMPs employed, to determine
what, if any, additional adaptive BMP measures may be necessary to contribute toward
returning the stream to compliance with State water quality standards. Following any
review and comment on the Plan by the Division, the permittee will incorporate any
necessary changes into the Plan. Review of this plan may result in comments from the
Division that will require changes to the plan.
Part H Page 2 of 12

NCSO00444
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. ObJectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
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(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 stormwater educational material
X
X
X
X
X
materials for schools,
targeting school children, homeowners,
homeowners, and/or
and/or businesses.
businesses
(c) Public education
Distribute written material through utility
X
X
X
X
X
material dissemination
mail outs, at special events, and/or at high
traffic businesses.
Part fl Page 3 of 12

NCS000444
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable State and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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(a) Administer a Public
Conduct a least one public meeting to
X
X
X
X
X
Involvement Program
allow the public an opportunity to review
and comment on the Stormwater Plan.
(b) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen particip ation.
(c) Establish a Citizens
Establish a citizens advisory panel to
X
X
X
X
X
Advisory Panel
review the Stormwater Plan, to review the
annual report, and to advise the permittee
on the Stormwater Plan,
Part Ii Page 4 of 12

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.
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(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
Complete identification, locations of, and
X
X
X
X
X
Sewer System Base
mapping of, stormwater drainage system
Map
components. 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 fI Page 5 of 12

NCS000444
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(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 U Page 6 of 12

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 Program and shall notify the Division prior to
modification of any goals.
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(a) Implement a
Develop a regulatory mechanism and
X
X
X
X
X
program and
implement a program requiring erosion and
establish a
sediment controls at construction sites and
regulatory
providing for sanctions to ensure compliance.
mechanism for
Instead of originating a new program, the
erosion and
permittee has elected to comply by relying on
sediment control
the Gaston County program. The permittee
may rely on the Gaston County program only
to the extent that that program satisfies all of
the following BMPs.
(b) Develop
Require construction site operators to
X
X
X
X
X
requirements on
implement erosion and sediment control BMPs
construction site
and to control construction site wastes that
operators
I may cause adverse water quality impacts.
(c) Provide
New materials may be developed by the
X
X
X
X
X
educational and
permittee, or the permittee may use materials
training materials
adopted from other programs and adapted to
for construction
the permittee's construction runoff controls
site operators J
program.
Part 11 Page 7 of 12

NCS000444
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(d) Institute plan
Review construction plans and establish
X
X
X
X
X
reviews
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 sedimentation
procedures
information submitted by the public. Publicize
the procedures and contact information. The
procedures must lead directly to a site
inspection or other time!y follow-up action.
(f) Establish
Establish procedures for site inspection and
X
X
X
X
X
inspection and
enforcement of control measure requirements.
enforcement
The procedures should include prioritizing .
procedures
t areas of inspections based on local criteria.
Part 11 Page 8 of 12

NCS000444
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee's jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
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(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 post -
Program (hereafter
construction runoff controls for new
the Program)
development and redevelopment. The
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
in place to prevent or minimize water
quality impacts.
(b) Develop community
Develop guidance materials or a training
X
X
X
X
X
education
class for local developers explaining the
localpost-construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
X
X
X
X
and enforcement
compliance and ensure enforcement of the
procedures
Program.
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
MS4
Part II Page 9 of 12

NCS 000444
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(e) Ensure structural
Establish pre -construction review of plans
X
X
X
X
X
BMP design,
inspection during construction, and post -
construction,
construction acceptance procedures.
operation and
Require and review annual BMP
maintenenace
inspection reports.
compliance
(f) Establish a program
Control the sources of fecal coliform to
X
X
X
X
X
to control sources of
the maximum extent practicable. Develop
fecal coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
(g) Establish a buffer
Require that built -upon areas be located at
X
X
X
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
either the most recent version of the soil
survey map prepared by the Natural
Resources Conservation Service of the
United States Department of Agriculture
or the recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 1SA NCAC 2B .0233 (3)(a).
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
X
X
project conformity
protective covenants to ensure that
with the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
Part 11 Page 10 of 12

NCS000444
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(i) Establish low -density
Define low -density projects as having
X
X
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicable.
(j} Establish high-
Define high -density projects as having
X
X
X
X
X
density development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre -construction
and post -construction development
conditions for the 1 year 24 hour storm.
Runoff volume drawdown time shall be a
minimum of 24 hours, but not more than
120 hours;
All structural stormwater treatment
systems used to meet the requirements of
the program shall be designed to have an
85% average annual removal for Total
Suspended Solids;
General Engineering Design Criteria for
all projects shall be in accordance with
15A NCAC 2H .1008(c).
Part H Page I I of 12

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 objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
P r rr:• .,, . a " .*, i1 h
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(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
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
pollution prevention and good
housekeeping procedures.
Part B Page 12 of 12

NCS000444
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. Documentation will be kept on -file by the permittee for
a period of five years and made available to the Director or his authorized representative
immediately upon request.
The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page t of 2

NCS000444
review of the storm sewer system, education, training, and results of the illicit
discharge detection and elimination program.
(g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects, or on a watershed or sub -watershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part 1V, 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

NCS000444
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this permit for a period of at least
five years from the date of the sample, measurement, report, or application. 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
environmentallstormwater 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
Part IV Page I of 3

NCS000444
information, including the possibility of fines and imprisonment for knowing
violations."
3. Recording Results
For each measurement, sample, inspection, or maintenance activity performed or
collected pursuant to the requirements of this permit, the permittee shall record the
following information:
(a) The dates, exact place, and time of sampling, measurements, inspection, or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection, or
maintenance activity;
(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.
4. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants which are not specifically listed in the
permit or subject to notification requirements under 40 CFR Part 122.42 (a).
5. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
which may result in noncompliance with the permit requirements.
6. Twenty-four Hour Reporting
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 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.
Part N Page 2 of 3

NCS000444
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part [[I of this permit on forms provided by the DWQ.
8. 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.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 3 of 3

NCS000444
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
I. 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. §370I 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 $.1 1,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation maybe 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 143-2I5.6A.1
(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. §246I note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Parts V, VI, VII & VIE Page I of 9

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 $1 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed
$137,500).
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.
Parts V, VI, V 1.I & VI11 Page 2 of 9

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 $I0,000 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.
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. 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.
Parts V, VI, Vn & VM Page 3 of 9

NCS000444
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.
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the 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;
Parts V, VI, VII & Vf1I Page 4 of 9

NCS000444
(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.
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 VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
PART VII ADMINISTERING AND COMPLIANCE MONITORING 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.
Parts V, VI, VII & V III Page 5 of 9

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. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
The North Carolina Environmental Management Commission.
7. 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.
8. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
9. 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.
Parts V, V1, Vfl & V111 Page 6 of 9

NCS000444
10. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
11. Municipal Separate Storm Sewer S,ystem_(MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
{i) Owned or operated by the United States, a state, city, town, county, district,
association, or other public body (created by or pursuant to state law) having
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under state law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
12. 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).
13. 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,
Parts V, Vl, V11 & V[II Page 7 of 9

NCS000444
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance, and spill prevention.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
The owner or operator issued this permit.
16. 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.
17. Redevelopment
Means any rebuilding activity other than a rebuilding activity that;
(i) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
18. 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.
19. Section 313 Water PrioritVChemical
A chemical or chemical category which.
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of I986;
Parts V, VI, VI.I & VL[I Page 8 of 9

NCS000444
(b) Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
(c) That meet at least one of the following criteria:
(i} Is listed in appendix D of 40 CFR Part 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols) or
Table IV (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 311(b)(2)(A) of the
CWA in 40 CFR 1 16.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
20. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Parts V, VI, VII & VIII Page 9 of 9

- - �0F W A rFgQ
�O G
0 r
0 Y
Mr. Ben Blackburn, City Manager
City of Lowell
101 West First Street
Lowell, North Carolina 28098
Dear Mr. Blackburn:
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
September 9, 2004
Subject: Additional Information Request
NPDES Stormwater Permit Application
Permit Number NCS000444
Gaston County
The Division of Water Quality Stormwater Permitting Unit has reviewed your March 2003
Storm Water NPDES Phase II Permit application. We are requesting additional information
and revisions to the submittal. Each of the following comments pertains to your proposed
program to satisfy the Post -Construction Runoff Control requirements. Generally, the
description provided of your proposed Post -Construction Runoff Control program was
insufficient to satisfy the requirements of the Stormwater Management Rule (SMR) as
established by North Carolina's Session Law 2004-163. The specific points of insufficiency
are as follows.
a) SMR section (10)(a) requires that Lowell implement and adopt by ordinance a post -
construction stormwater management program and that the ordinance be submitted
to NCDENR for review prior to implementation. Page 9 of the Instructions for
Preparing the Comprehensive Stormwater Management Program Report
(Instructions) identifies this requirement. Page 13 paragraph 7.5.11 of the
Instructions requires further description of your ordinance or proposed ordinance and
schedule. It is not clear from Section X paragraph 1.5.7 of your submittal whether
Lowell will develop just an ordinance related to illicit discharges, or a separate
ordinance specifically for the Post -Construction minimum measure (as required).
Further, Session Law 2004-163 requires that the Post -Construction minimum
measure be implemented within 24 months of the issue date of the permit- Your
submittal proposes to develop the ordinance in year three of the permit, which does
not meet the schedule required by the Law. Please revise your Storm Water NPDES
Phase II Permit report (SMP) to provide for the development of an ordinance
specifically for the Post -Construction minimum measure, and development of it
within 24 months of the issuance of the permit. Please note that the revised SMP
does not have to include the draft ordinance, just your commitment and schedule to
develop it and to submit it for review.
9 ,0A
NCD�NR
Customer Service
1 800 623-7748
Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]

EJ
Mr. Ben Blackburn
September 9, 2004
Page 2 of 3
b) SMR section (10)(f) requires that Lowell's program include an operation and
maintenance component that ensures the adequate long-term operation of the
structural BMPs required by your program. Further, the same section of the SMR
requires that Lowell's program must require an annual maintenance inspection report
on each structural 6MP, to be conducted by a qualified professional. Page 9 and
page 11 paragraph 7.5.2, of the Instructions identify these requirements. Page 13
paragraph 7.5.12 of the Instructions requires a description of how you will ensure
compliance with this requirement. Your submittal does not state that Lowell will
require an annual maintenance report on each BMP. Please revise your SMP to
comply with these requirements.
c) SMR section (10)(g) requires that Lowell's program control the sources of fecal
coliform to the maximum extent practicable, and that your program must include an
element to ensure proper operation and maintenance of on -site wastewater
treatment systems for domestic wastewater; and that the program be coordinated
with the county health department.. Page 11 paragraph 7.5.4 of the Instructions
identifies this requirement. Your SMP does not address this requirement. Please
revise the SMP to comply with this requirement.
d) SMR section (10)(e) requires that Lowell's program manage stormwater and protect
water quality as well as or better than the model practices presented in the SMR.
Note that pages 10 and 11 paragraph 7.5.1 of the Instructions present these same
practices not as model practices, but as specific requirements. The SMR takes
precedence over the Instructions, and Lowell may propose alternative practices.
However, the alternative practices must protect as well as or better than the model
practices. You can, of course, choose to implement the specific model practices
identified in the SMR and the Instructions. Section X paragraph 1.5.9 of your
submittal contains neither a commitment to implement the specific model practices,
nor sufficient detail of any alternative practices to allow us to conclude that your
program will "equal or exceed the stormwater management and water quality
protection provided by the ...model practices..." Please revise your SMP in sufficient
detail to comply with these requirements.
e) Page 13 paragraph 7.5.13 of the Instructions requires that Lowell document the
decision process for the development of your program, and provide a rationale
statement that addresses the overall program, the individual BMPs, measurable
goals, responsible persons, priority areas, and specific tailoring of the program for
your local community. It's not clear that your submittal fully addresses this
requirement. Please revise the SMP to fully address this requirement.
f) Page 13 paragraph 7.5.14 of the Instructions requires that Lowell's submittal explain
how you will evaluate the success of the Post -Construction program and that you
identify the measurable goals for each BMP. Section X paragraph 1.5.11 of your
submittal indicates that you propose to sample some number of stormwater outfalls
to evaluate the success of the Post -Construction program. It is not clear exactly how
that evaluation will be conducted. Please revise the SMP to better explain Lowell's
intended actions to address this requirement.
We cannot continue processing your application for a stormwater permit until we resolve
these deficiencies and questions.

Mr. Ben Blackburn
September 9, 2004
Page 3 of 3
Please provide the requested information and changes by October 1, 2004. If you have any
questions, please call me at [phone] ext. 584.
Sincerely,
Ken Pickle
Environmental Engineer
cc: Stormwater Permitting Unit files

March 10, 2003
Via Certified Mail
Stormwater & Gcneral Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NPDES Phase II
Dear Sir or Madam:
Enclosed are three (3) NPDES Storm Water Phase II Permits for the City of Lowell.
Should you have any questions concerning this matter please feel free to contact me
at 704 — 824 — 3518. I remain,
Respectfully,
A /
Ben T. Blackburn, City anager
r
LIAR 1 1 2003
l
t__
City of Lowell
101 W. First Street • Lowell, North Carolina 28098 • Phone: [phone] • Fax: [phone]

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
l 1 /6/2002
THE CITY OF LOWELL
GARY HICKS, CITY MANAGER
101 W. ISTSTREET
LOWELL, NC 28098-1404
Subject: NPDES Phase II Stormwater Program
Gary Hicks:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control Stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls can the unregulated sources of stormwater discharges that have the greatest likelihood of'
causing continued environmental degradation.
The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that the City of'Lowell has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that the City of Lowell does not own or operate a small MS4. The deadline for submitting
your application package or non -ownership certification is March 10, 2003. Application and certification documents, as
well as additional information on the NPDES stormwater program, are available for download at our web site. Our web
address is http://h2o.enr.state.nc.us/su/stormwater.html. You may also contact us for hard copies of the documents. If
you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England
(919-733-5083, ext. 545)
Sincerely,
Bradley Sennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Mooresville Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 [phone]
MA
NCDENR
Customer Service
1-800-623-7748