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HomeMy WebLinkAboutNCS000449_FINAL PERMIT_20050829STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. V � � qq� DOC TYPE �FINAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ am� 0o A YYYYMMDD AjA N-CDENR North Carolina Department of Environment and Natu 0 r Division of Water Quality�RUhddt'v� R Michael F. Easley, Governor j�ltG - , "� tary an-W-Klimek , ctor August 25, 2005y --'� Mr. Steve Baucom Town of Cramerton Planning'� 1 ` w Director AUG 2 9 2QQ.i 155 North Main Street Cramerton, North Carolina 28032 ' '`' NOW W� UTY � nb l Subject: NPDES Permit Number NCS00044 Gaston County, Town of Cramerton S w P&,",'� P� t:�- Dear Mr. Baucom; In accordance with your application for a stormwater discharge permit received on March 19, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http://h2o.enr.state.nc.tis/su/NPDES _Phase _11_Stormwater _Program.htm If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other state, federal or local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 North Cal oina Phone: 919-733-70151 FAX: 919.733-2496 / Intemet: h2o.emstate.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Aawally If you have any questions concerning this permit, please contact Ken Pickle at telephone number 919/733-5083 ext. 584. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV DWQ Central Files Stormwater Permitting Unit Files Mooresville Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000449 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Cramerton is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Cramerton Jurisdictional Area Gaston County to receiving waters South Fork Catawba River, Duharts Creek, and unnamed tributaries to them, all within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill, IV, V, VI, VII and VIII hereof. This permit shall become effective September 1, 2005. This permit and the authorization to discharge shall expire at midnight on August 31, 2010. Signed this day August 25, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000449 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Cramerton is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters South Fork Catawba River, Duharts Creek, and unnamed tributaries to them, all within the Catawba River Basin. Such discharge shall be controlled, limited, and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater PIan. The Stormwater Plan includes components of the permittee's Phase LI Municipal NPDES Stormwater Permit Application, Comprehensive Stormwater Management Program Report, and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with the permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and may require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee shall develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Plan. The purpose of the Stormwater Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance Part I Page I of 2 Permit No. NCS000449 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee shall implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not Iimited to, the following areas: The permittee shall develop and maintain adequate legal mechanisms, such as regulations, ordinances, policies and procedures, to implement all provisions of the Stormwater Plan. The permittee shall keep the Division advised of the status of development of the legal mechanisms and shall pursue these mechanisms in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan shall be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan shall occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee shall implement the components of the Stormwater Plan to prohibit illicit connections, spills, and illegal dumping into the MS4. 4. The permittee shall implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This shall include the provisions of this permit. 5. The permittee shall maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee shall implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee shall implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. The permittee shall implement a post -construction site runoff controls program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program shall include provisions for long- term operation and maintenance of BMPs. Part I1 Page I of 12 Permit No. NCS000449 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. BN Ps for Public Education and Outreach The permittee shall implement the following BNLPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. *r& s BMP*4,i�1Vleasurabie'aGoalsh� 5" r y F F' � 1 �y'� 4,,' ', G J of Qr ti as ,µYRYRYR . S � f � M ,�'. diif Y '4 15 �tt ✓ . S - 2Tao- �' E q F., `4 T „ah 'r lu! , xY (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational web site i Develop and maintain an internet web X X X X X site. Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop stormwater educational materials X X X X X materials for schools, for appropriate target groups likely to have and/or homeowners, a significant stormwater impact. The and/or businesses permittee may rely on state -supplied public education and outreach materials, as available, when implementing its program. (d) Public education Distribute written material to a broader, X X X X X material dissemination general audience. Part 11 Page 3 of 12 Permit No. NCS000449 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION I. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and. Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. .,Y 9fI3MP3i ' `> ^`, '` Measurable'Goals , r R'a PXV 4YR W �wfth YRa (a) Develop and Develop and implement an Illicit X X X X X Implement an IIlicit Discharge Detection and Elimination Discharge Detection Program. Include provisions for program and Elimination assessment and evaluation. Program (b) Establish and Establish and maintain adequate legal X X maintain appropriate authorities to prohibit illicit discharges legal authorities. and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a storm Identify outfall locations and map X X X sewer system base stormwater drainage system components. map At a minimum, mapping components include outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to X X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to update the map of drainage system components on a priority basis per the approved Illicit Discharge Detection and Elimination Program. Part 11 Page 5 of 12 Permit No. NCS000449 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 that may cause adverse impacts to water quality such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste. 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. y I3MP r J,t9` fs a+e.E'� .ay. tiC Measutable Goalst3°�� 3 iat,4 Sp•� '� f!!?.{r'' a . r4i`'y" •.'�-Ir F-^N YR i T al�r :�YR fr,I ��-'d2.t: ' �' ► �;13.�ri 'd`r`.. ,-1 (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 may elect to comply by relying on sediment control the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR 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 o erators may cause adverse water quality impacts. Part II Page 7 of I2 Permit No. NCS000449 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long-term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - construction Site Runoff Controls Program and shall notify the Division prior to modification of any goals. ^kF- n:t17i+'��At4t a V�7aMeasurableGoalsU. `_ �arYRYR rW i,•14 �`�s Y-r'Id �k"�, -•�:: �57, ;}; e - `..Ca.f ':c }�YRrYR YRr 51,'. I .�.� yy f. (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X construction Site regulatory mechanism), implement, and Runoff Controls enforce a program to address stormwater Program (hereafter the runoff from new development and Program) redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a mechanism MS4 to require adequate long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified rofessional. (c) Establish a program to Control the sources of fecal coliform to the X X X X control the sources of maximum extent practicable. Develop and fecal coliform to the implement an oversight program to ensure maximum extent proper operation and maintenance of on -site practicable wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part 11 Page 9 of 12 Permit No. NCS000449 (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 11 of 12 Permit No. NCS000449 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan shall include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation shall be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan shall be reviewed and updated as necessary, but at least on an annual basis. The permittee shall submit a report of this evaluation and monitoring information to the Division on an annual basis. This information shall be submitted by October 31 of each year and cover the previous year's activities from September I to August 31. The permittee's reporting shall include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and shall include, but is not limited to, the following components: (a) The permittee shall give a detailed description of the status of implementation of the Stormwater Plan. This shall include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee shall adequately describe and justify any proposed changes to the Stormwater Plan. This shall include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee shall 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 shall be documented. (d) The permittee shall include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee shall provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee shall provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary shall include, but is not limited to, information on the establishment of appropriate legal authorities, Part III Page I of 2 Permit No. NCS000449 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS I. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official, or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 Permit No. NCS000449 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (3I U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class U violations Parts V, VI, VII & VM Page I of 12 Permit No. NCS000449 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. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Parts V, VI, VII & VIll Page 3 of 12 Permit No. NCS000449 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 13.14, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Parts V, VI, VU & VIII Page 5 of 12 Permit No. NCS000449 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. Parts V, VI, VH & Vill Page 7 of 12 Permit No. NCS000449 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Best Management Practice (BMP� Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. Parts V, VI, VII & VILI Page 9 of 12 Permit No. NCS000449 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having Jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Cate ones The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as Parts V, VI, VII & VM Page 1 I of 12