NCS000455_FINAL PERMIT_20121119

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
i V CS o 0
DOC TYPE
&ANAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ �OIa �/
YYYYMMDD

_kv;-,;WA
MCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Town of Oak Island
Division of Water Quality
Charles Wakild, P. E.
Director
November 19, 2012
John Michaux, Public Works Manager
4601 E Oak Island Dr
Oak Island, North Carolina 28465
Subject: NPDES Permit Number NCS000455
Dear Mr. Michaux:
Dee Freeman
Secretary
EGEIVE
NOV 2 6 2012 p
In accordance with your application for a stormwater discharge pert -nit received on February 16,
2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum
of Agreement between North Carolina and the US Environmental Protection agency dated May 9,
1994 (or as subsequently amended).
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this letter. This request
must be in the form of a written petition, conforming to Chapter 150E of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer
27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be
final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or pert -nits required by the Division of Land
Resources, Coastal Area Management Act or any other State, Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919-807-6374 or [e-mail].
Sincerely,
for Charles Wakild, P. E.
cc: Mike Mitchell, EPA Region IV
Stormwater and General Permit Unit Files
DWQ Wilmington Regional Office
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STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of"ATER QUALITY
PERMIT NO. NCS000455
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 Oak Island
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Oak Island's jurisdictional area
to receiving waters of the State, within the Lumber and Cape Fear River Basins in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, I11, IV, V, VI,
V I I and V I I I hereof.
This permit shall become effective December 1, 2012.
This permit and the authorization to discharge shall expire at midnight on November 30, 2017.
Signed this day, November 15, 2012.
for Charles Wakild, Director.
Division of Water Quality
By the Authority of the Environmental Management Commission

A7iA.
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
February 15, 2007
Jim Musselwhite
Stormwatcr Administrator
4601 East Oak.lsland Drive
Oak Island, North Carolina 28465
Subject: NPDES Pennit Number NCS000455
Brunswick County, 'Town of Oak Island
Dear Mr. Musselwhite;
In accordance with your application for a stormwater discharge permit received on July 17, 2003
and as amended, we are forwarding herewith the subject NPDES pen -nit.. This permit is issued pursuant
to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement
between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as
subsequently amended),
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this letter. This request must be
m in the forof 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 pen -nits 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 pennit that may be
required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
RECEIVED
cc: Mike Mitchell, EPA Region IV 1 6 ?T,07
Central Files
Stormwater and General Permit Unit Files
(DWQ_Rcgio� al•Off cep---•----�
1617 Mail Service Center, Raleigh, !North Carolina 27699-1617 One
512 N, Salisbury St., Raleigh, North Carolina 27604 NorthCaroina
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000455
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina Envirotunental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Oak Island
is hereby authorized to discharge stormwater from their municipal separate storm sewer system located:
within the Town of Oak Island Jurisdictional Area
Brunswick County
to receiving waters of the State, within the Lumber and Cape Fear River Basin in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V, VI,
VII and VIII hereof.
This permit shall become effective March 1, 2007.
This permit and the authorization to discharge shall expire at midnight on February 28, 2012.
Signed this day February 15, 2007.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000455
'TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART 11 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 li: POST -CONSTRUCTION SITE RUNOFF CONTROLS .
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION I1: THREATENED OR ENDANGERED SPECIES
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTIONA: 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
n

PEIWIT NO, NCS000455
PART I PERMIT COVERAGE
1. During the period beginning on the effective date of the permit and lasting.until expiration, the
Town of Oak Island is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters of the State within the Lumber and Cape bear River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
pennittee's Comprehensive Stonnwater Management Program, herein referred to as the
Stormwater Plan. The Stormwater Plan must detail the pennittee's stormwater management
program for the five-year term of the.stormwater permit including, for each of the measure
identified in the permit, a narrative description of the program, a table that identifies each best
management practice (BMP) used, the frequency of the BMP, the measurable goals for each
BMP, the implementation schedule, funding and the responsible person or position for
implementation.
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-stonnwaier discharge or is covered by another pennit,
authorization, or approval.
This permit does not relieve the pennittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4 within
the jurisdictional area of the permittee as described in the approved local Stonnwater 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 pen -nit through inter -local or
other similar agreements with permittee. Agreements for coverage under this permit must be
approved by the Division of Water Quality, herein referred to as the Division.
The Division may deny or revoke coverage under this permit for separate entities and require
independent permit coverage as deemed necessary. In addition, the penniittee 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 Stonnwater Plan are enforceable parts of this permit. The permittee will
develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of
the Clean Water Act, provisions outlined by the Director, and the provisions of this pennit.
7. The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable, Successive iterations of the Stormwater Management Plan and other components of'
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stonnwater Management Plan,
Part I Page 1 of 2

PERMIT NO. NCS000455
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 pennittee if
such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A NCAC 2H
.0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from'emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled by the
permittee's Stormwater Plan.
Part I Page 2 of 2

PERM IT NO. NCS000455
PART II FINAL LIMITATIONS AND CONTROLS FOR PERIVIn'TED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The pennittee will implement, manage and oversee all provisions of its Stonnwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not limited to, the following areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all,provisions of the Stormwater Plan. The
permittee will keep the Division advised of the status of development of appropriate ordinances
and legal authorities and will pursue these authorities in accordance with the schedule outlined in
the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of
pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in
order to meet this provision, implementation of the Stormwater Plan will occur with emphasis
given to priority areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
The permittee will implement the components of the Stormwater Plan to prohibit, to -the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
The permittee will implement provisions of the Stonnwater ]']an as appropriate to monitor and
assess the performance of the various management measures that are a part of the Stonnwater
Plan. This will include the provisions of this permit.
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.
6. The permittee will implement a program to reduce pollution from construction site runoff as
described in the Stonnwater Plan and in accordance with this permit.
The permittee will implement a post -construction site runoff control program to regulate new
development and redevelopment by requiring structural and non-structural best management
practices to protect water quality, to reduce pollutant loading, and to minimize post -development
impacts. This program will include provisions for long-term operation and maintenance of
BMPs.
The pennittee 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 stonnwater pollution.
Proposed permit modifications must be submitted to the Director for approval.
10. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by
the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The
following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
Page 1 of 15

PERMIT NO. NCS000455
identify the locations of all currently known'MS4 outfalls Within its jurisdictional area
with the potential of discharging the pollutant(s) of concern: to the impaired segments, to
their tributaries, and to segments and tributaries within the watershed contributing to the
impaired segments. The permittee shall also develop a schedule to discover and locate all
other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s)
of concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the pennittee is subject to a
TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The
monitoring plan shall include the sample location by verbal description and latitude and
longitude coordinates, sample type, frequency, any seasonal considerations, and a
monitoring implementation schedule for each pollutant of concern. Where appropriate,
the pennittee may reduce the monitoring burden by proposing to monitor outfalls that the
Division would consider substantially similar to other outfalls. The permittee may also
propose in -stream monitoring where it would complement the overall monitoring plan.
The monitoring plan shall be adjusted as additional outfalls are identified in accordance
with the schedule required in (a) above and as accumulating data may suggest.
(c) The permittee shall include the location of all currently known MS4 outfalls with the
potential of discharging the pollutant(s) of concern, the schedule for discovering and
locating currently unknown MS4 outfalls with the potential of discharging the
pollutants) of concern, and the monitoring plan, (all as required in (a) and (b) above, and
all part of the TMDL Water Quality Recovery Program) in the first Stormwater
Management Plan annual report due no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
(d) The next and each subsequent Stotmwater Management Plan annual report shall include
an assessment of the available data for each pollutant of concern, and an assessment of
the effectiveness of the BMPs employed, to determine what, if any, additional BMP
measures may be necessary to return the impaired segments to compliance with state
water quality standards. The permittee shall implement appropriate BMPs to control the
pollutant(s) of concern to the maximum extent practicable. Implementation of the
appropriate best management practices constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable.
(e) following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The pennuttee shall incorporate'the revised TMDL Water Quality Recovery
Program into the Stonnwater Management Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area by
referencing the 2004 Integrated 305(b) and 303(d)_Report (or current version), available on the
website of the Division of Water Quality Modeling and TMDL Unit.
Page 2 of 15

PERMIT NO. NCS000455
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the eonununity.
(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) Identify target pollutants
Identify the target pollutant and target
X
and target pollutant
pollutant sources the permittee's public
sources
education program is designed to address
and why they are an. issue.
(b) Identify target audiences
Identify the target audiences likely to have
X
significant storm water impacts and why they
were selected.
(c) Informational Web Site
Promote and maintain internet wcb site.
X
Examples include, but are not limited to: Post
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(d) Develop and distribute
Develop general stormwater educational
X
public education
material to appropriate target groups as likely
materials to identified
to have a significant stormwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
permittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses,
available, when implementing its own
program.
(e) Media Campaign
Document campaign reach and frequency to
X
public for each broadcast media like radio and
TV, (including those elements implemented
locally or through a cooperative agreement).
Page 3 of 15

PERMIT NO. NCS000455
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(f) Establish Hotline/Help
Maintain a stormwater hotline/helpline.
X
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following:
permit issue date.
• Newspaper articles, press releases
and/or paid advertisements (i.e., inserts)
• Kiosks and signage
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
• Public meetings
• Community events
• Contest
• Storm drain marking
• Stream and Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class room outreach
• Distributing promotional giveaways and
specialty items
• Brochures, displays, signs, welcome
packets, and pamphlets
• Local cable access
• Newsletters
For each media, event or activity, including
those elements implemented locally or
through a cooperative agreement, measure
and record the extent of exposure.
Page 4 of 15

PERMfT NO. NCS000455
SECTION C: PUI3LIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. 13MPs for Public Involvement and Participation
The pennittee 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
Develop and implement a Public Involvement
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (e) below.
(b) Allow the public an
Conduct at least one public meeting in year 2
X
opportunity to review and
to allow the public an opportunity to review
comment on the
and comment on the Stormwater Plan.
Ston-nwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
community involvement
stormwater related program, locally or
program
through a cooperative agreement, to promote
ongoing citizen participation. Examples
include, sponsoring and participating in Big
Sweep, Donning partnerships with local
businesses, Adopt a stream, Adopt a street,
promoting volunteer presentations, Creek
crawls, stonn drain stenciling, and poster
contest
(d) Establish a mechanism
Established mechanism for public
X
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the stormwater
program.
(e) Establish Hotline/Help
Maintain a stormwater liotline/helpline.
X
line
Page 5of15

PERMIT NO. NCS000455
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 to the
Permittee's MS4.
(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 map showing the permittee's major MS4outfalls to state 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) Developlhnplement Illicit
Develop and implement an Illicit Discharge
X
Discharge Detection and
Detection and Elimination Program including
Elimination Program
provisions for program assessment and
evaluation.
(b) Establish and maintain
Establish and maintain adequate ordinances
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved Illicit
Discharge Detection and Elimination
Program.
(c) Develop a Storm Sewer
Map identifying major outfalls and
X
System Base Map and
stormwater'drainage system components. At
Inventory of Major
a minimum, components include major
Outfall,
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update map of drainage system.
(d) Inspection/detection
Establish written procedures for detecting and
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the sources or reporting the sources
outfalls
to the State to be properly permitted.
Page 6 of 15

PERMITNO. NCS000455
o
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(e) Employee training
Conduct training for appropriate municipal
X
staff on detecting and reporting illicit
discharges,
(f) Provide public education
Inform public employees, businesses, and the
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize reporting mechanism
X
reporting mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(h) Established procedures to
Establish procedures to identify and report to
X
identify and eliminate
the County health department failed septic
failed septic system and
systems located within the permittee's
sanitary sewer overflows.
planning jurisdiction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
Page 7 of 15

PERMIT NO. NCS000455
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one or
more acres of land surface and those activities less than one acre that are part of a larger
common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control
practices, review of site plans which incorporates consideration of potential water quality
impacts, and procedures for site inspection and enforcement of control measures.
2. BMPs for Construction Site Runoff Controls
(a) The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and
Sediment Control Program to comply with this minimum measure.
(b) The NCDENR Division of Land Resources Erosion and Sediment Control Program
effectively meets the requirements of the Construction Site Runoff Controls by
permitting and controlling development activities disturbing one or more acres of land
surface and those activities less than one acre that are part of a larger common plan of
development. This program is authorized under the Sediment pollution Control Act of
1973 and Chapter 4 of Title '15A of the North Carolina Administrative Code. This
program includes procedures for public input, sanctions to ensure compliance,
requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and enforcement of
control measures.
(c) NCDENR Division of Water Quality NPDES general permit for construction activities
(NCGO10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets
the above requirements. The NCG010000 permit establishes requirements for
construction site operators to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality.
(d) The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may
implement a plan promoting the existence of the NCDENR, Division of Land Resources
"Stop Mud" hotline to meet the requirements of this paragraph.
(e) The Division of Land Resources is authorized to implement BMPs for new development
and redevelopment projects located within the permittee's planning jurisdiction which
are owned or leased by an entity with the power of eminent domain, and the permittee is
not required by this permit to implement Construction Site Runoff Controls for other
entities with the power of eminent domain.
{ The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Page 8 of 15

PERMIT NO. NCS000455
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 rneet the objectives of the Post -Construction
Stormwater Management Program.
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(a) Establish a Post-
Develop and adopt by ordinance (or similar
X
Construction Stonnwater
regulatory mechanism) a program to address
Management Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date,
(b) Establish strategies which
Develop strategies that include a combination
X
include BMPs
of structural and/or non-structural BMPs.
appropriate for the MS4
Implement them within 24 months of the
permit issue date. Provide a mechanism to
require long-term operation and maintenance
of structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified professional
(i.e., someone trained and certified by NC
State for BMP Inspection & Maintenance).
(c) Establish a program
Coordinate with County health department to
X
under the Post-
control the known sources of fecal coliform to
Construction minimum
the maximum extent practicable. Implement
measure to control the
within 24 months of the permit issue date.
sources of fecal coliform
to the maximum extent
practicable
(d) City Code, Pcrmitting
Ensure development activities will maintain
X
Regulations, Easement,
the project consistent with approved plans. '
and/or Deed Restrictions
and Protective Covenants
Page 9 of 15

PERMIT NO. NCS000455
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Implement or require an operation and
X
Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural BMPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program.
(f) Setbacks for Built -upon
Require built -upon areas to be located at least
X
Areas
30 feet landward of all perennial and
intermittent surface waters except as provided
for in the Permittee's approved Post -
Construction Stormwater Ordinance. For
purposes of this section, a surface water shall
be present if the feature is shown on 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 most recent
version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the
United States Geologic Survey (USGS).
Relief from this requirement may be allowed
when surface waters are not present in
accordance with the provisions of 15A NCAC
02B .0233(3)(a).
Post -Construction Site Runoff Controls.
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-I) — 15A NCAC 2B.0212.
(2) Water Supply Watershed H (WS-11) — 15A NCAC 2B.0214.
(3) Water Supply Watershed 11.1(WS-Ill) — 15A NCAC 2B.0215.
(4) Water Supply Watershed W (WS-IV) --- 15A NCAC 2B.0216.
(5) Freshwater -High Quality Waters (HQW) — I SA NCAC 2H.1006.
(6) Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H.1007,
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— 15A NCAC 2B.0235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —
15A NCAC 2B.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 2B.0251.
(b) In order to fulfill the post -construction minimum measure program requirement, a
permittee, delegated program, or regulated entity may use the Department's model
Page 10 of 15

PERMIT NO. NCS000455
ordinance, design its own post -construction practices based on the Department's
guidance on scientific and engineering standards for best management practices (BMPs),
incorporate the post -construction model practices described herein, or develop its own
comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure.
(c) Permittees must require stonnwater controls for a project that disturbs one acre or more
of land, including a project that disturbs less than one acre of land that is part of a larger
common plan of development or sale. The stormwater controls shall be appropriate to the
project's level of density as follows:
(1) Post -construction model practices for low -density projects. -- A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
low -density project if it contains no more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of Shellfish Resource
Waters is a low -density project if it contains no more than twenty-four percent
(24%) built -upon area or no more than two dwelling units per acre. Low -density
projects must use vegetated conveyances to the maximum extent practicable to
transport stormwater runoff from the project. On -site stonnwater treatment
devices such as infiltration areas, bioretention areas, and level spreaders may
also be used as added controls for stonnwater runoff. A project with an overall
density at or below the low -density thresholds, but containing areas with a
density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post -construction model practices for
low -density projects and locates the higher density in upland areas and away
from surface waters and drainageways to the maximum extent practicable.
(2) Post -construction model practices for high -density projects. —A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
high -density project if it contains more than twelve percent (12%) built -upon
area, A project that is not located within one-half mile of Shellfish Resource
Waters is a high -density project if it contains more than twenty-four percent
(24%) built -upon area or more than two dwelling units per acre. High -density
projects must use structural stormwater management systems that will control
and treat control and treat runoff from the first one and one-half inches of rain.
In addition, projects that are located within one-half mile and draining to
Shellfish Resource Waters must control and treat the difference in the
stormwater runoff frorn the predevelopment and post -development conditions for
the one-year, 24- hour storm. 'rhe structural stormwater management system
must also meet the following design standards:
A. Draw down the treatment volume no faster than 48 hours, but no slower
than 120 hours.
B. Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm.
C. Remove an eighty-five percent (85%) average annual amount of Total
Suspended Solids.
D. Meet the General Engineering Desibm Criteria set out in 15A NCAC
021-1 .1008(c) or a locally approved storrwater management manual.
E. Wet detention ponds designed in accordance with the requirements of'
Paragraph (3)(d) may be used for projects draining to Class SA waters.
Page. 11 of 15

PERMIT NO. NCS000455
(d) For areas draining to Class SA waters, pennittees, delegated programs, and regulated
entities must:
(1) Use BMPs that result in the highest degree of fecal coliform die -off and control
to the maximum extent practicable sources of fecal coliform while still
incorporating the stormwater controls required by the project's density level.
(2) Implement a program to control the sources of fecal coliform to the maximum
extent practicable, including a pet waste management component, which may be
achieved by revising an existing litter ordinance, and an on -site domestic
wastewater treatment systems component to ensure proper operation and
maintenance of such systems, which may be coordinated with local county
health departments,
(3) Prohibit new points of stormwater discharge to Class SA waters and prohibit
both increases in the volume of stormwater flow through conveyances and
increases in capacity of conveyances in existing stormwater conveyance systems
that drain to Class SA waters. Any modification or redesign of a stormwater
conveyance system within the contributing drainage basin must not increase the
net amount or rate of stormwater discharge through existing outfalls to Class SA
waters. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer
or other natural area capable of providing effective infiltration of the runoff from
the one-year, 24-hour storm shall not be considered a direct point of stormwater
discharge. Consideration shall be given to soil type, slope, vegetation, and
existing hydrology when evaluating infiltration effectiveness.
(e) For BMPs that require a separation from the seasonal high-water table, the separation
shall be provided by at least 12 inches of naturally occurring soil above the seasonal
high-water table.
Page 12 of 15

PERMIT NO. NCS000455
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING - OR MUNICIPAL
OPI..RA'TIONS
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 I'Iousekeeping 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.
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(a) Develop an operation and
Develop an operation and maintenance
X
maintenance program
program for structural stormwater BMPs,
storm sewer system maintenance which may
include street sweeping and municipal
operations such as recycling and household
hazardous waste and oil collection.
(b) Develop Site Pollution
Develop and implement Site Pollution
X
Prevention Plan for
Prevention Plan for Municipal Facilities
Municipal Facilities
owned and operated by the permittee with the
potential for generating polluted stormwater
runoff that has the ultimate goal of preventing
or reducing pollutant runoff.
(e) Inspection and evaluation
Maintain an inventory of facilities and
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff', including the
BMPs.
MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of polluted
runoff, the stonnwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, implement appropriate controls, and
document the accomplishment of corrective
actions.
(d) Conduct staff training
Conduct staff training specific for pollution
X
prevention and good housekeeping
procedures.
Page 13 of 15

PERMIT NO. NCS000455
a _Y I3MP'�
Measurable Goals
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(e) Spill Response
Establish spill response procedures for
X
Procedures
municipal operations owned and operated by
the permittee with the potential to generate
polluted stormwater runoff.
(f) Prevent or Minimize
Describe measures that prevent or minimize
X
Contamination of
contamination of the stormwater runoff from
Stormwater Runoff from
all areas used for vehicle and equipment
all areas used for Vehicle
cleaning. Perform all cleaning operations
and Equipment Cleaning
indoors, cover the cleaning operations, ensure
washwater drain to the sanitary sewer system,
collect stormwater runoff from the cleaning
area and providing treatment or recycling, or
other equivalent measures. If sanitary sewer is
not available to the facility and cleaning
operations take place outdoors, the cleaning
operations shall take place on grassed or
graveled areas to prevent point source
discharges of the wastewater into the stonn
drains or surface waters.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess ponded
water shall be removed and properly handled
prior to removing the drain cover.
The point source discharge of vehicle and
equipment wash waters, including tank
cleaning operations, arc not authorized by this
pernut and must be covered'under a separate
NPDES permit or discharged to a sanitary
sewer in accordance with applicable
industrial pretreatment requirements.
Page 14 of 15

PERMIT NO. NCS000455
SECTION H: THREATENED OR ENDANGERED SPECIES
Certain waters provide habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Fish.and Wildlife Service or National Marine Fisheries
Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications.
2. The shortnose sturgeon (Acilmnser brevirostruni) was listed as endangered on March 11, 1967
(32 FR 4001) and remained on the endangered species list with enactment of the ESA in 1973.
Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United
States. Shortnose sturgeon inhabit the main sterns,of their natal rivers, migrating between
freshwater and mesohaline river reaches. Spawning occurs in upper, freshwater areas, while
feeding and overwintering activities may occur in both fresh and saline habitats.
Under the provisions of the Final Recovery Plan published by the National Marine Fisheries
Service (NMFS) in December 1998, the permittee shall implement measures to increase
awareness of shortnose sturgeon and their status by formulating a public education program that
generates public interest in sturgeon and sturgeon recovery by contacting media outlets,
suggesting feature stories, and using existing forums for educating the public (e.g., public
aquaria, FWS Partners for Wildlife Program, private foundations). Articles, posters, and
pamphlets should be published to increase public knowledge of shortnose sturgeon and their
unique and complex life history. This information may include identifiable features of the
species, listing status, range, susceptibility to incidental captures, and a number or address to
report sightings or captures. The permittee shall offer to work with schools -to develop and
evaluate educational materials and curricula that introduce students to sturgeons, the
river/estuarine environment, and the ESA.
Page 15 of 15

PERMIT NO. NCS000455
PART ill PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stormwater
activities. If monitoring and sampling are being performed documentation of results shall be
included. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative immediately upon request.
2. The penmittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis. The pennittee will submit a report of this evaluation and monitoring information to
the Division on an annual basis. This information will be submitted by May 1, of each year and
cover the previous year's activities from March I to February 28. 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 perenittee 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 pennittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting infonnation 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 Stonnwater 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 pennittee will provide infonnation 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. `fhis surnmary will include, but is not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part III Page I of 2

PERMIT NO. NCS000455
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

PERM 1T NO. NCS000455
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The pernittee 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.
Report Submittals
(a) 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 specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmental/stormwater
matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel 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
imprisomnent for knowing violations."
Part 1V Page I of 2

PERMIT NO. NCS000455
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on forms
provided by the DWQ. Permittees are encouraged to use the state on-line reporting system for
annual reporting.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the penmittee's Stormwater Plan, or for the entire Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2

PERMIT NO. NCS000455
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The pennittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for c►iforcement action; for permit
tennination, revocation and reissuance, or modification; or denial of permit coverage upon
renewal application.
(a) The permittee shall comply with standards or prohibitions established under Section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any pen -nit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$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 tenns, conditions, or requirements of a pennit. [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 pen -nit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class 11 violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(13) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class I1 penalty not to exceed $137,500).
Part V Page 1 of 6

PERMIT N0, NCS000455
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
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, 143-215.6B,
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 permittce 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.
7. Duty to Provide Information
The penWttee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6

PERMIT NO. NCS000455
9. Penalties for Falsification of Reports -
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition.
Part V Page 3 of 6

PERMIT NO. NCS000455
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The pennittee 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
permittec to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000455
SECTION C: MONITORING AND RECORDS
Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stor<water
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 stonmwater
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.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et, seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
Part V Page 5 of 6

PERMIT NO. NCS000455
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Water Quality. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Act.
Part V Page 6 of 6

PERMIT NO. NCS000455
PAR"T VI . LIMITA"TIONS RE OPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the pennit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of 1

Ph1ZM1T NO. NCS000455
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
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the pen -nit.
Part V11 Page l of 1

PERMIT NO. NCS000455
FART 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).
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 swinu-ning 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.
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
• hi separate phases
• In combination with other construction activities
It is identified by the documentation.(including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot. .
It can include one operator or many operators.
6. Department
Department means the North Carolina Department of Environment and Natural Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
Part VIII Page 1 of 4

PERMIT NO. NCS000455
Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
1 1. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES permit (other than the NPDES MS4 permit), allowable non-stonnwater discharges,
and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
14. Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
15. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
Part VIII Page 2 of 4

PERMIT NO. NCS000455
a designated and approved management agency:under Section 208 of the Clean Water
Act (CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
16, Non-stormwater Discharge Categories
The following are categories of non-stonmwater 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).
17, Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls such
as: (1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage
infill development in higher density urban areas, and areas with existing storm sewer
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping, preventive maintenance and spill
prevention.
18. Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
10. Permittee
The owner or operator issued this permit.
Part-V1II Page 3 of 4

PERMTI' NO. NCS000455
20. 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.
21. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stormwater control than the previous development.
22. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
23. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons.
The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
24. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of thc'Clean Water Act.
Part VIII Page 4 of 4

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
February 15, 2007
Jim Musselwhite
Stonnwater Administrator
4601 East Oak Island Drive
Oak Island, North Carolina 28465
Subject: NPDES Permit Number NCS000455
Brunswick County, Town of Oak Island
Dear Mr. Musselwhite;
In accordance with your application for a stormwaler discharge permit received on July 17, 2003
and as amended, we are forwarding herewith the subject NPDES permit.. This pen -nit is issued pursuant
to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement
between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as
subsequently amended),
If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory
hearing upon written request within thirty (30) days following receipt of this letter. This request must be
in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina
27611 -7447, Unless such demand is made, this decision shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other State, Federal or Local governmental permit that may be
required.
If you have any questions concerning this permit, please contact Mike Randall at telephone
number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
atormwate and General-Pertnit'Ui-iit'Fi_l_es j
DWQ Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 Nrth C aI of i n a
Phone, 919-733-70151 FAX: [phone] Internet: h2o.enr.state.nc.us o
An Equal OpportunitylAffirmative Action Employer — 50% Recycled/10% Post Consumer Paper Natumllff

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000455
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 Oak Island
is hereby authorized to discharge stonnwatcr from their municipal separate storm sewer system located:
within the Town of Oak Island Jurisdictional Area
Brunswick County
to receiving waters of the State, within the Lumber and Cape Fear River Basin in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, V1,
V II and V I II hereof.
This permit shall become effective March 1, 2007.
']'his permit and the authorization to discharge shall expire at midnight on February 28, 2012.
Signed this day February 15, 2007.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000455
TABLE OF CONTENT'S
PARTI PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTI?D DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
SECTION 11: THREATENED OR ENDANGERED SPECIES
PARTIII 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
PARTVI LIMITATIONS RE -OPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PARTVIII DEFINITIONS
u

PERMIT NO. NCS000455
PART L . PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
Town of Oak Island is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters of the State within the Lumber and Cape hear River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
perinittee's Comprehensive Stonnwater Management Program, herein referred to as the
Stormwater Plan. The Stormwater Plan must detail the permittec's stornwater management
program for the five-year tern of the stormwater permit including, for each of the measure
identified in the permit, a narrative description of the program, a table that identifies each best
management practice (BMP) used, the frequency of the BMP, the measurable goals for each
BMP, the implementation schedule, funding and the responsible person or position for
implementation.
2. All discharges authorized herein shall be adequately managed in accordance with the tenns and
conditions of this permit. Any other point source discharge to surface waters of the state is
prohibited unless it is an allowable non-stortwater discharge or is covered by another permit,
authorization, or approval.
3. This permit does not relieve the pennittee 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 stormwatcr from the MS4 within
the jurisdictional area of the permittee as described in the approved local Stonnwater Plan to
control potential pollution from the MS4. The permit applies to current and future jurisdictional
areas of the pennittec, as well as areas that seek coverage under this permit through inter -local or
other similar agreements with pennittec. 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 require
independent permit coverage as deemed necessary. In addition, the pennittec 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
ChR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session haw 2004-
163 and in accordance with the approved Stonnwater Plan, all provisions contained and
referenced in the Stormwater Plan are enforceable parts of this permit. The pennittee 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.
The pen -nit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stonnwater Management Plan.
Part 1 Page 1 of 2

PERMIT NO, NCS000455
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 .1
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A NCAC 2H
.0200);
• springs;
• water from crawl space pumps;
• footing drains,
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire lighting.
The Division may require that non-stormwater flows of this type be controlled by the
permittee's Stonnwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000455
PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not limited to, the following areas:
The pennittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implernent all.provisions of the Stonnwater Plan. The
pennittee will keep the Division advised of the status of development of appropriate ordinances
and legal authorities and will pursue these authorities in accordance with the schedule outlined in
the Stormwater Plan.
2. The pennittee'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 components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
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 StorniNvater
Plan. This will include the provisions of this permit.
The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stonnwater discharge pen -nit and the Stormwater Plan.
6. The pennittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater Plan and in accordance with this pen -nit.
7. The permittee will implement a post -construction site runoff control program to regulate new
development and redevelopment by requiring structural and non-structural best management
practices to protect water quality, to reduce pollutant loading, and to minimize post -development
impacts. This program will include provisions for long -tern operation and maintenance of
BM Ps.
The pennittee 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.
Proposed permit modifications must be submitted to the Director for approval.
10. If the pennitted MS4 becomes subject to an approved TMDL, and following notice of such by
the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The
following additional requirements apply.
(a) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall
Page 1 of 15

PERMIT NO. NCS000455
identify the locations of all currently known'MS4 outfalls within its jurisdictional area
with the potential of discharging the pollutant(s) of concern: to the impaired segments, to
their tributaries, and to segments and tributaries within the watershed contributing to the
impaired segments. The permittee shall also develop a schedule to discover and locate all
other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s)
of concern: to the impaired stream segments, to their tributaries, and to segments and
tributaries within the watershed contributing to the impaired segments.
(b) Within two years after receiving the Division's notice that the permittee is subject to a
TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The
monitoring plan shall include the sample location by verbal description and latitude and
longitude coordinates, sample type, frequency, any seasonal considerations, and a
monitoring implementation schedule for each pollutant of concern. Where appropriate,
the pernittee may reduce the monitoring burden by proposing to monitor outfalls that the
Division would consider substantially similar to other outfalls. The permittee may also
propose in -stream monitoring where it would complement the overall monitoring plan.
The monitoring plan shall be adjusted as additional outfalls are identified in accordance
with the schedule required in (a) above and as accumulating data may suggest.
(c) The permittee shall include the location of all currently known MS4 outfalls with the
potential of discharging the pollutant(s) of concern, the schedule for discovering and
locating currently unknown MS4 outfalls with the potential of discharging the
pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and
all part of the TMDL Water Quality Recovery Program) in the first Stormwater
Management Plan annual report due no earlier than two years after the Division's initial
notification of the applicability of a TMDL.
(d) The next and each subsequent Stormwater Management Plan annual report shall include
an assessment of the available data for each pollutant of concern, and an assessment of
the effectiveness of the BMPs employed, to determine what, if any, additional BMP
measures may be necessary to return the impaired segments to compliance with state
water quality standards. The permittee shall implement appropriate BMPs to control the
pollutant(s) of concern to the maximum extent practicable. Implementation of the
appropriate best management practices constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable.
(e) Following any review and comment by the Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate'the revised TMDL Water Quality Recovery
Program into the Stormwater Management Plan.
The permittee can identify the impaired stream segments in the MS4 jurisdictional area by
referencing the 2004 Inte ar�05(b) and 303(d) Report (or current version), available on the
website of the Division of Water Quality Modeling and TMDL Unit,
Page 2 of 15

PERMIT NO, NCS000455
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. BM 11's 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) Identify target pollutants
Identify the target pollutant and target
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and target pollutant
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education program is designed to address
and why they are an issue.
(b) Identify target audiences
Identify the target audiences likely to have
X
significant storm water impacts and why they
were selected.
(c) Informational Web Site
Promote and maintain internet web site.
X
Examples include, but are not limited to: Post
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(d) Develop and distribute
Develop general stormwater educational
X
public education
material to appropriate target groups as likely
materials to identified
to have a significant stormwater impact.
user groups. For
Instead of developing its own materials, the
example, schools,
permittee may rely on state -supplied Public
homeowners, and/or
Education and Outreach materials, as
businesses.
available, when implementing its own
program.
(e) Media Campaign
Document campaign reach and frequency to
X
public for each broadcast media like radio and
TV, (including those elements implemented
locally or through a cooperative agreement).
Page 3 of 15

PERMIT NO. NCS000455
BMP'
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(f) Establish Hotline/Help
Maintain a'stormwater hotline/helpline.
X
line
(g) Establish a Public
The permittee's outreach program, including
X
X
X
X
X
Education and Outreach
those elements implemented locally or
Program and implement
through a cooperative agreement, must
within 12 months of the
include at least two of the following:
permit issue date.
• Newspaper articles, press releases
and/or paid advertisements (i.e., inserts)
• Kiosks and signage
• Targeted direct mail
• Displays at the point -of purchase
• Utility bill inserts
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least two of the following:
. Public meetings
• Community events
• Contest
• Storm drain marking
• Stream and Litter cleanups
• Group presentation and/or speeches
The permittee's outreach program, including
those elements implemented locally or
through a cooperative agreement, must
include at least three of the following:
• News coverage
• Workshops and class room outreach
• Distributing promotional giveaways and
specialty items
• Brochures, displays, silms, welcome
packets, and pamphlets
• Local cable access
• Newsletters
For each media, event or activity, including
those elements implemented locally or
through a cooperative agreement, measure
and record the extent of exposure.
Page 4 of 15

PERMIT NO. NCS000455
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvemeni and Participation
(a) Provide opportunities for the public, including major cconomic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public Involvement
and Participation Program and shall notify the Division prior to modification of any goals.
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(a) Administer a Public
Develop and implement a Public Involvement
X
X
Involvement Program
and Participation Program, as outlined in (b)
through (e) below.
(b) Allow the public an
Conduct at least one public meeting in year 2
X
opportunity to review and
to allow the public an opportunity to review
comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
community involvement
stormwater related program, locally or
program
through a cooperative agreement, to promote
ongoing citizen participation. Examples
include, sponsoring and participating in Big
Sweep, Forming partnerships with local
businesses, Adopt a stream, Adopt a street,
promoting volunteer presentations, Creek
crawls, storm drain stenciling, and poster
contest
(d) Establish a mechanism
Established mechanism for public
X
for Public involvement
involvement, for example, a citizens' or
stakeholders' group(s) that provide input on
stormwater issues and the stormwater
program.
(e) Establish Hotline/l"ielp
Maintain a stormwater hotline/helpline.
X
line
Page 5 of 15

PERMIT NO. NCS000455
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 to the
Pennittee's MS4.
(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 map showing the pennittee's major MS4outfalls to state 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 Illicit
Develop and implement an Illicit Discharge
X
Discharge Detection and
Detection and Elimination Program including
Elimination Program
provisions for program assessment and
evaluation.
(b) Establish and maintain
Establish and maintain adequate ordinances
X
appropriate legal
or other legal authorities to prohibit illicit
authorities
discharges and enforce the approved Illicit
Discharge Detection and Elimination
Program.
(c) Develop a Storm Sewer_
Map identifying major outfalls.and
X
System Base Map and
stormwater'drainage system components. At
Inventory of Major
a minimum, components include major
Outfall.
outfalls and receiving streams. Established
procedures to continue to identify, locate, and
update map of drainage system.
(d) Inspection/detection
Establish written procedures for detecting and
X
program to detect dry
tracing the sources of illicit discharges and for
weather flows at MS4
removing the sources or reporting the sources
outfalls
to the State to be properly permitted.
Page 6 of 15

PERMIT NO. NCS000455
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(e) Employee training
Conduct training for appropriate municipal
X
staff on detecting and reporting illicit
discharges.
(1) Provide public education
Inform public employees, businesses, and the
X
general public of hazards associated with
illegal discharges and improper disposal of
waste.
(g) Establish a public
Establish and publicize reporting mechanism
X
reporting mechanism
for the public to report illicit discharges.
Establish citizen request response procedures.
(h) Established procedures to
Establish procedures to identify and report to
X
identify and eliminate
the County health department failed septic
failed septic system and
systems located within the permittee's
sanitary sewer overflows.
planning jurisdiction. Establish procedures to
identify and report sanitary sewer overflows
and sewer leaks to the system operator.
Page 7 of 15

PERMIT NO. NCS000455
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one or
more acres of land surface and those activities less than one acre that are part of a larger
common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements for
construction site operators to implement appropriate erosion and sediment control
practices, review of site plans which incorporates consideration of potential water quality
impacts, and procedures for site inspection and enforcement of control measures.
2. BMPs for Construction Site Runoff Controls
(a) The pennittee relies on the NCDENR Division of Land Resources (DLR) Erosion and
Sediment Control Program to comply with this minimum measure.
(b) The NCDENR Division of Land Resources Erosion and Sediment Control Program
effectively meets the requirements of the Construction Site Runoff Controls by
permitting and controlling development activities disturbing one or more acres of land
surface and those activities less than one acre that are part of a larger common plan of
development. This program is authorized wider the Sediment pollution Control Act of
1973 and Chapter 4 of Title '15A of the North Carolina Administrative Code. This
program includes procedures for public input, sanctions to ensure compliance,
requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and enforcement of
control measures.
(c) NCDENR Division of Water Quality NPDES general per -nit for construction activities
(NCG010000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets
the above requirements. The NCG010000 permit establishes requirements for
construction site operators to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality.
(d) The pennittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The pennittee may
implement a plan promoting the existence of the NCDENR, Division of Land Resources
"Stop Mud" hotline to meet the requirements of this paragraph.
(e) The Division of Land Resources is authorized to implement BMPs for new development
and redevelopment projects located within the permittee's planning jurisdiction which
are owned or leased by an entity with the power of eminent dornain, and the pennittee is
not required by this permit to implement Construction Site Runoff Controls for other
entities with the power of eminent domain.
(f) The pennittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Page 8 of 15

PERMIT NO. NCS000455
SECTION F: P0ST-00NS'I'RUCI70N SITE RUNOFF -CONTROLS
I. 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 Past -Construction Site Runoff Controls
The pennittee shall implement the following BMPs to meet the objectives of the Post -Construction
stormwater Management Program.
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(a) Establish a Post-
Develop and adopt by ordinance (or similar
X
Construction Stormwater
regulatory mechanism) a program to address
Management Program
stormwater runoff from new development and
redevelopment. Implement and enforce the
program within 24 months of the permit issue
date.
(b) Establish strategies which
Develop strategies that include a combination
X
include BMPs
of structural and/or non-structural BMPs.
appropriate for the MS4
Implement them within 24 months of the
permit issue date. Provide a mechanism to
require long-term, operation and maintenance
of structural BMPs. Require annual
inspection reports of permitted structural
BMPs performed by a qualified professional
(i.e., someone trained and certified by NC
State for BMP Inspection & Maintenance).
(c) Establish a program
Coordinate with County health department to
X
under the Post-
control the known sources of fecal coliform to
Construction minimum
the maximum extent practicable. Implement
measure to control the
within 24 months of the permit issue date.
sources of fecal coliform
to the maximum extent
practicable
(d) City Code, Permitting
Ensure development activities will maintain
X
Regulations, Easement,
the project consistent with approved plans.
and/or Deed Restrictions
and Protective Covenants
Page 9 of 15

PERMIT NO. NCS000455
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(c) Operation and
Implement or require an operation and
X
Maintenance Plan
maintenance plan that ensures the adequate
long-term operation of the structural BMPs
required by the program. The operation and
maintenance plan may require the owner of
each structural BMP to submit a maintenance
inspection report on each structural BMP
annually to the local program.
(f) Setbacks for Built -upon
Require built -upon areas to be located at least
X
Areas
30 feet landward of all perennial and
intermittent surface waters except as provided
for in the Permittee's approved Post -
Construction Stormwater Ordinance. For
purposes of this section, a surface water shall
be present if the feature is shown on 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 most recent
version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the
United States Geologic Survey (USGS).
Relief from this requirement may be allowed
when surface waters are not present in .
accordance with the provisions of 15A NCAC
02B .0233(3)(a). '
3. Post -Construction Site Runoff Controls.
(a) For post -construction requirements, a program will be deemed compliant for the areas
where it is implementing any of the following programs:
(1) Water Supply Watershed I (WS-I) — 15A NCAC 2B.0212.
(2) Water Supply Watershed I1 (WS-I1) — 15A NCAC 213.0214.
(3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215.
(4) Water Supply Watershed IV (WS-IV) — 15A NCAC 28.0216.
(5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006.
(6) Freshwater Outstanding•Resource Waters (ORW) — 15A NCAC 2H.1007.
(7) The Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy
— .15A NCAC 213.0235.
(8) The Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-
15A NCAC 2B.0258.
(9) The Randleman Lake Water Supply Watershed Nutrient Management Strategy —
15A NCAC 2B.0251.
(b) In order to fulfill the post -construction minimum measure program requirement, a
perniittee, delegated program, or regulated entity may use the Department's model
Page 10 of 15

PERMIT NO. NCS000455
ordinance, design its own post -construction practices based on the Department's
guidance on scientific and engineering standards for best management practices (BMPs),
incorporate the post -construction model practices described herein, or develop its own
comprehensive watershed plan that is determined by the Department to meet the
post -construction stormwater management measure.
(c) Permittees must require stormwater controls for a project that disturbs one acre or more
of land, including a project that disturbs less than one acre of land that is part of a larger
common plan of development or sale. The stormwater controls shall be appropriate to the
project's level of density as follows:
(1) Post -construction model practices for low -density projects. — A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
low -density project if it contains no more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of Shellfish Resource
Waters is a low -density project if it contains no more than twenty-four percent
(24%) built -upon area or no more than two dwelling units per acre. Low -density
projects must use vegetated conveyances to the maximum extent practicable to
transport stormwater runoff from the project. On -site stormwater treatment
devices such as infiltration areas, bioretention areas, and level spreaders may
also be used as added controls for stormwater runoff. 'A project with an overall
density at or below the low -density thresholds, but containing areas with a
density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post -construction model practices for
low -density projects and locates the higher density in upland areas and away
from surface waters and drainageways to the maximum extent practicable.
(2) Post -construction model practices for high -density projects, — A project that is
located within one-half mile of and draining to Shellfish Resource Waters is a
high -density project if it contains more than twelve percent (12%) built -upon
area. A project that is not located within one-half mile of Shellfish Resource
Waters is a high -density project if it contains more than twenty-four percent
(24%) built -upon area or more than two dwelling units per acre, 1-ligh-density
projects must use structural stormwater management systems that will control
and treat control and treat runoff from the first one and one-half inches of rain.
In addition, projects that are located within one-half mile and draining to
Shellfish Resource Waters must control and treat the difference in the
stormwater runoff from the predevelopment and post -development conditions for
the one-year, 24- hour storm. The structural stormwater management system
must also meet the following design standards:
A. Draw down the treatment volume no faster than 48 hours, but no slower
than 120 hours.
B. Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm,
C. Remove an eighty-five percent (85%) average annual amount of Total
Suspended Solids.
D. Meet the General Engineering Design Criteria set out in 15A NCAC
021-1 A 008(c) or a locally approved stormwater management manual.
E. Wet detention ponds designed in accordance with the requirements of
Paragraph (3)(d) may be used for projects draining to Class SA waters.
Page. I I of 15

PERMIT NO. NCS000455
(d) For areas draining to Class SA waters, permittecs, delegated prograiins, and regulated
entities must:
(1) Use BMPs that result in the highest degree of fecal coliform die -off and control
to the maximum extent practicable sources of fecal colifornn while still
incorporating the stormwater controls required by the project's density level.
(2) Implement a program to control the sources of fecal coliform to the maximum
extent practicable, including a pet waste management component, which may be
achieved by revising an existing litter ordinance, and an on -site domestic
wastewater treatment systems component to ensure proper operation and
maintenance of such systems, which may be coordinated with local county
health departments.
(3) Prohibit new points of stortnwater discharge to Class SA waters and prohibit
both increases in the volume of stormwater flow through conveyances and
increases in capacity of conveyances in existing'stormwater conveyance systems
that drain to Class SA waters. Any modification or redesign of a stormwater
conveyance system within the contributing drainage basin must not increase the
net amount or rate of stormwater discharge through existing outfalls to Class SA
waters. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer
or other natural area capable of providing effective infiltration of the runoff from
the one-year, 24-hostorm shall storshall not be considered a direct point of stormwater
discharge. Consideration shall be given to soil type, slope, vegetation, and
existing hydrology when evaluating infiltration effectiveness.
(e) For BMPs that require a separation from the seasonal high-water table, the separation
shall be provided by at least 12 inches of naturally occurring soil above the seasonal
high-water table.
Page 12 of 15

PERMIT NO. NCS000455
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.
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(a) Develop an operation and
Develop an operation and maintenance
X
maintenance program
program for structural stormwater BMPs ,
storm sewer system maintenance which may
include street sweeping and municipal
operations such as recycling and household
hazardous waste and oil collection.
(b) Develop Site Pollution
Develop and implement Site Pollution
X
Prevention Plan for
Prevention Plan for Municipal Facilities
Municipal facilities
owned and operated by the permittee with'the
potential for generating polluted stormwater
runoff that has the ultimate goal of preventing
or reducing pollutant runoff.
(c) Inspection and evaluation
Maintain an inventory of facilities and
X
of facilities, operations,
operations owned and operated by the
and the MS4 system and
permittee with the potential for generating
associated structural
polluted stormwater runoff, including the
BMPs.
MS4 system and associated structural BMPs.
Conduct inspections at facilities and
operations owned and operated by the
permittee for potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, implement appropriate controls, and
document the accomplishment of corrective
actions.
(d) Conduct staff training
Conduct staff training specific for pollution
X
prevention and good housekeeping
procedures.
Page 13 of 15

PERMIT NO. NCS000455
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(e) Spill Response
Establish spill response procedures for
X
Procedures
municipal operations owned and operated by
the permittee with the potential to generate
polluted stormwater runoff.
(f) Prevent or Minimize
Describe measures that prevent or minimize
X
Contamination of
contamination of the stormwater runoff from
Stonnwater Runoff from
all areas used for vehicle and equipment
all areas used for Vehicle
cleaning. Perform all cleaning operations
and Equipment Cleaning
indoors, cover the cleaning operations, ensure
washwater drain to the sanitary sewer system,
collect stormwater runoff from the cleaning
area and providing treatment or recycling, or
other equivalent measures. If sanitary sewer is
not available to the facility and cleaning
operations take place outdoors, the cleaning
operations shall take place on grassed or
graveled areas to prevent point source
discharges of the washwater into the storm
drains or surface waters.
Where cleaning operations cannot be
performed as described above and when
operations are performed in the vicinity of a
storm drainage collection system, the drain is
to be covered with a portable drain cover
during clean activities. Any excess ponded
water shall be removed and properly handled
prior to removing the drain cover.
The point source discharge of vehicle and
equipment wash waters, including tank
cleaning operations, are not authorized by this
permit and must be covered under a separate
NPDES permit or discharged to a sanitary
sewer in accordance with applicable
industrial pretreatment requirements.
Page 14 of 15

PERMIT NO. NCS000455
SECTION 1-I: THREATENED OR ENDANGERED SPECIES
Certain waters provide habitat for federally -listed aquatic animal species that are listed as
threatened or endangered by the U.S. Fish.and Wildlife Service or National Marine Fisheries
Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and
subsequent modifications.
2. The shortnose sturgeon (Acipenser brevirostruin) was listed as endangered on March 11, 1967
(32 FR 4001) and remained on the endangered species list with enactment of the ESA in 1973.
Shortnose sturgeon occur in most major river systems along the eastern seaboard of the United
States. Shortnose sturgeon inhabit the main steins of their natal rivers, migrating between
freshwater and mesohaline river reaches. Spawning occurs in upper, freshwater areas, while
feeding and overwintering activities may occur in both fresh and saline habitats.
Under the provisions of the Final Recovery Plan published by the National Marine Fisheries
Service (NMFS) in December 1998, the pennittee shall implement measures to increase
awareness of shortnose sturgeon and their status by formulating a public education program that
generates public interest in sturgeon and sturgeon recovery by contacting media outlets,
suggesting feature stories, and using existing forums for educating the public (e.g., public
aquaria, FWS Partners for Wildlife Program, private foundations). Articles, posters, and
pamphlets should be published to increase public knowledge of shortnose sturgeon and their
unique and complex life history. This information may include identifiable features of the
species, listing status, range, susceptibility to incidental captures, and a number or address to
report sightings or captures. The pennittee shall offer to work with schools to develop and
evaluate educational materials and curricula that introduce students to sturgeons, the
river/estuarine environment, and the ESA.
Page 15 of 15

PERMIT NO. NCS000455
PART 111 PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program components
that are being undertaken including, but not limited to, inspections, maintenance activities,
educational programs, implementation of BMPs, enforcement actions, and other stornnwater
activities. If monitoring and sampling are being performed documentation of results shall be
included. Documentation will be kept on -file by the permittee for a period of five years and
made available to the Director or his authorized representative immediately upon request.
2. The perunittee'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 infonnation to
the Division on an annual basis. This information will be submitted by May 1, of each year and
cover the previous year's activities from March 1 to February 28. The permittee's reporting will
include appropriate information to accurately describe the progress, status, and results of the
permittee's Stonnwater 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. `Phis will include information on development and implementation of
all components of the Stonnwater 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
Stonnwater 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 pennittee 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 Stonnwater 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 pennittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the continued
financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part III Page I of 2

PERMIT NO. NCS000455
3. 'rhe Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the corrective action plan, approve a plan with modifications, or reject
the proposed plan. The permittee will provide certification in writing (in accordance with Part
IV, Paragraph 2) to the Director that the.changes have been made. Nothing in this paragraph shall
be construed to limit the Director's ability to conduct enforcement actions for violations of this
permit.
4. The Division may request additional reporting information as necessary to assess the progress
and results of the permittee's Stormwater Plan.
Part III Page 2of2

PERMIT NO. NCS000455
PART IV REPORTING AND RECORD KEEPING REQUIREMENT'S
1. Records
The permittee shall retain records of all information required by this permit for a period of at
least 5 years from the date of acquisition. This period may be extended by request of' the
Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) 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 specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for enviromnental/stornwater
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 infonnation 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 infonnation, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 1 of 2

PERMIT NO. NCS000455
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this pemnit,
the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imnunent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became aware
of the circumstances. A written submission shall also be provided within 5 days of the time the
permttee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis on fornis
provided by the DWQ. Pennittees are encouraged to use the state on-line reporting system for
annual reporting.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the pennittee's Stormwater Plan, or for the entire Program.
7. Other .Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part IV Page 2 of 2

PERMIT NO. NCS000455
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
Duty to Comply
The permittee must comply with all conditions of this permit. Any pennit 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 pennit 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 pennit 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 C61lection Improvement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a pennit 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 penally 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 fart 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class II violations are not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S C.
§3701 note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class I1 penalty not to exceed $137,500).
Part V Page 1 of 6

PERMIT NO, NCS000455
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthennore, the penmittee 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 pernttee 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.
7. Duty to Provide Information
The perrrittee 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 pen -nit or to detenmine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies of records required
by this permit.
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 pcnmit 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.
Part V Page 2 of 6

PERMIT NO. NCS000455
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The notification of
planned changes or anticipated noncompliance does not stay any permit condition.
Part V Page 3 of 6

PERMIT N0, NCS000455
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 pen -nit.
2. Need to flan 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 pennitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000455
SECTION C: MONITORING AND RECORDS
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 pennit 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. 'Pest Procedures
"fest 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 pennittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate stone 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 pen -nit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this pen -nit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
Part V Page 5 of 6

PERMIT NO. NCS000455
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall
be available for public inspection at the offices of the Division of Water Quality. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Act.
Part V Page 6 of 6

PERMIT NO. NCS000455
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the pennit,
revoking and reissuing the pennit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of 1

PERMIT NO. NCS000455
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
21-I .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V1I Page 1 of I

PERMIT NO. NCS000455
PAR,r-VI11 DEFINITIONS
Act
See Clean Water Act.
2. Best Mana ement Practice BM}'
Measures or practices used to reduce the amount of pollution entering surface waters. 13MPs can
be structural or non-structural and may take the form of a process, activity, physical structure or
planning (see non-structural BMP).
13. ' 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.
Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development if it is
completed in one or more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation.(including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans,
contracts, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot. .
It can include one operator or many operators.
6. Department
Department means the North Carolina Department of Environment and Natural Resources
Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
Part VI11 Page 1 of 4

PERMIT NO. NCS000455
Director
The Director of the Division of Water Quality, the pen -nit issuing authority.
EMC
The North Carolina Environmental Management Conunission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
11, Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant
to an NPDES pen -nit (other than the NPDES MS4 permit), allowable non-stormwater discharges,
and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as defined
in 40 CFR 122.26.
14. Major municipal separate storm sewer outfall (or "major outfall")
Major municipal separate storm sewer outfall (or "major outfall") means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or
more or its equivalent (discharge from a single conveyance other than circular pipe which is
associated with a drainage area of more than 50 acres); or for municipal separate storm sewers
that receive storm water from lands zoned for industrial activity (based on comprehensive zoning
plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of
12 inches or more or from its equivalent (discharge from other than a circular pipe associated
with a drainage area of 2 acres or more).
15. Municipal Separate Storn Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
(a) Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
Part VIII Page 2 of 4

PERMIT N0. NCS000455
a designated and approved management agency under -Section 208 of the Clean Water
Act (CWA) that discharges to waters of the United States or waters of the State.
(b) Designed or used for collecting or conveying stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
16. 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).
17. 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
inftll development in higher density urban areas, and areas with existing storin 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.
is, Outfall
Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the United States and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which
connect segments of the same stream or other waters of the United States and are used to convey
waters of the United States.
10. Permittee
The owner or operator issued this permit.
Part VIII Page 3 of 4

PERMIT NO. NCS000455
20. 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.
21, Redevelopment
Means any rebuilding activity unless that rebuilding activity;
(a) Results in no net increase in built -upon area, and
(b) Provides equal or greater stormwater control than the previous development.
22. Stonnwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
23. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water quality standards in all seasons.
The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
24. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4

/ SowN or
O�'KS
A
tiO��P
CRo%�
Darren England
North Carolina Department of Environment and Natural Re
Division of Water Quality
Stormwater & General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. England,
DENR-411AM E A Ot 1r u IY
PMNI' SOURCE 8RANCH
June 10, 2003
The Town of Oak Island is pleased to submit our NPDES Phase II general stormwater
permit application. Enclosed is a completed SWU-264-103102 and a Stormwater
Management Program Report. The Stormwater Management Program Report was
prepared in accordance with your instructions outlined in SWU-268-103102 and
constitutes item 10 of the application.
We recognize that we are not presently a regulated Municipal Separate Stormwater
System (MS4). However, we do have a significant stormwater infrastructure and are
surrounded by water bodies that are now clean and unpolluted. As our report indicates,
we anticipate substantial growth rate over the next decade, therefore, we want to
ensure that we keep our waters clean and comply with all state and federal regulations
regarding stormwater management.
The preparation of our application and report was partially funded under a grant by
DENR's Coastal Management Program. McKim & Creed PA, an engineering firm
headquartered in Wilmington, provided technical services in preparing the application
and its supporting stormwater management program document, and provided an
engineer to act as the planner -in -charge under the terms of the grant.
If you have any questions concerning this application or its supporting documents,
please contact our Public Works Director, John Olansen at [phone] or our
consultant Lu Bivins, of McKim & Creed, at [phone].
Sincerely,
CIO
Horace Collier
Mayor, Town of Oak Island, NC
460I E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • E-mail: townhallfbcinet.net • Website: wwwoakislandnc.com

State of North Carolina '"'. OFFIC'USE"oNLY'':'
Department of Environment & Natural Resources Date Rec`d
Division of Water Quality, Fee Paid
Permit Number ►.1c:.s rocs vs-s'
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
Town of Oak Island
b.
Ownership Status (federal,
state or local)
Local
c.
Type of Public Entity (city,
town, county, prison, school,
etc.)
Town
d.
Federal Standard Industrial
SIC 91— 97 Public Administration
Classification Code
e.
County(s)
Brunswick
f.
Jurisdictional Area (square
miles)
9 Square Miles
g.
Population
Permanent
6,700
Seasonal (if available)
17,000
h.
Ten-year Growth Rate
2.7 pLrcent per year
E.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
9 Square Miles
b.
River Basin(s)
Lumber
Cape Fear
c.
Number of Primary Receiving
Streams
9
d.
Estimated percentage of 'urisdictional area containing thefollowing four land use activities:
•
Residential
76
•
Commercial
8
•
Industrial
2
•
Open Space
14
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?_
❑ Yes ® No
Paqe 1

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ®.No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
® Yes ❑ No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
I El Yes ®No
a permitted Phase I enti ?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑Yes ®No
with another Phase Ii entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
rm ittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our rmit obligations?
❑ Yes ® No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
El Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Pace 2

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
property gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible forgathering the
rnforrnation, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violatlons.
r1 /.s n /-)
Signature
)RLQ j A
Name
]o lansen
Title
Director, Public Works
Street Address
4601 East Oak Island Drive
PO Box
City
Oak Island
State
NC
Zip
28465
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Vacant Position
b.
Title
Deputy Public Works Director
c.
Street Address
4601 East Oak Island Drive
d.
PO Box
e.
City
Oak Island
f.
State
NC
g.
Zip
28465
h.
Telephone Number
[phone]
L
Fax Number
[phone]
j.
E-Mail Address
Pace 3
F AUG 1 1 2003
- r, ,

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
TABLE OF CONTENTS
Paae 4

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5

TOWN
OF
OAK ISLAND
STORMWATER
MANAGEMENT
PROGRAM REPORT
,OWN of,
_ k�
lrkn flii,
June 10, 2003
Prepared by:
McKim i Creed, PA
243 North Front Street
Wilmington, NC 28401
www.mckimcreed.com

7`
_ � ��.
,' ..
• � -'� � ,
,� �. � „�

TABLE OF CONTENTS
1. BACKGROUND.....................................................................................................1
2. STORM DRAINAGE SYSTEM INFORMATION........................................................ 1
2.1 Population Served..................................................................................................................... 1
2.2 Growth Rate...........................................................................................
2.3 Jurisdictional and MS4 Service Areas....................................................................................1
2.4 MS4 Conveyance System........................................................................................................ 2
2.5 Land Use Composition Estimates .................................. •........................................................ 2
2.6 TMDL Identification ........................................................................................................ ... 4
3. RECEIVING STREAMS........................................................................................... 5
4. EXISTING WATER QUALITY PROGRAMS.............................................................. 6
5. PERMITTING INFORMATION.................................................................................8
6. RELIANCE ON OTHER GOVERNMENT ENTITIES ................................................... 9
7. STORMWATER MANAGEMENT PROGRAM.......................................................... 9
7.1 Public Education and Outreach..........................................................................................10
7.2 Public Involvement and Participation................................................................................. 11
7.3 Illicit Discharge Detection and Elimination........................................................................12
7.4 Construction Site Runoff Site Control .................................................. •................................ 14
7.5 Post -construction Runoff Site Control .................................................................................. 16
7.6 Pollution Prevention / Good Housekeeping......................................................................17
APPENDIX A - Town of Oak Island
Stormwater Management Ordinance .................................................. Appendix A-1
APPENDIX B - Town of Oak Island Illicit Discharge Ordinance ........... Appendix B-1

I.BACKGROUND
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Clean Water Act. Phase I of the NPDES stormwater
program was established in 1990. It required NPDES permit coverage for large or medium
municipalities that had populations of 100,000 or more.
Phase II of the NPDES Stormwater program was signed into law in December 1999. This
regulation builds upon the existing Phase I program by requiring smaller communities, also
known as small municipal separate storm sewer systems (MS4s), to be permitted. In North
Carolina, the NC Department of Environment and Natural Resources' (NCDENR) Division of
Water Quality (DWQ) is responsible for implementing the program.
The Town of Oak Island is one of several beach municipalities located in Brunswick County,
North Carolina. In an effort to comply with guidelines and reporting requirements established
by the NPDES Phase II program, the Town of Oak Island has developed a comprehensive
Stormwater Management Program described herein.
The need for a stormwater program is driven by the increased growth within the Town of Oak
Island, the concern for public health, the economic dependencies on surrounding
waterways, and the need to conform to state and federal laws governing water quality.
2. STORM DRAINAGE SYSTEM INFORMATION
2.1. POPULATION SERVED
According to the US Census Bureau 2000 census data, the Town of Oak Island's
population was 6,529 persons. The total units of structure was 6,662, with 3,076 being
permanently occupied and the remaining 3,586 being vacant recreational, rental, or
occasional use units. The Town estimates the seasonal population to be 3.2 times the
permanent population which would be 20,893 for the year 2000. The maximum number
of persons residing, vacationing, and visiting the Town of Oak Island in any one day,
e.g., fourth of July, has been as high as 35,000.
2.2. GROWTH RATE
In 1990, the Town of Oak Island was not incorporated as the Town of Oak Island. It
consisted of the Town of Long Beach and the Town of Yaupon Beach. The total
population of the two towns was 4,580 and the total housing units was 5,230. The Town
of Oak Island is approximately 507o built -out and is estimated to be fully built -out by
2018 based on a population growth rate of 3.4%. The permanent population for 2005 is
estimate to be 7,793 and the seasonal population will be approximately 25,000.
2.3. JURISDICTIONAL AND MS4 SERVICE AREA
The jurisdictional town boundaries encompass approximately 9 square miles. There are
storm drainage features throughout the area, so the MS4 area coincides with the
jurisdictional area. The town boundary is shown in Figure 2.3.1.

Figure 2.3.1 - Jurisdictional Boundary for Town of Oak Island
2.4. MS4 CONVEYANCE SYSTEM
There are 127 stormwater discharge locations identified within the Town of Oak Island,
59 of which discharge into the Davis Canal. A flew of these are point discharges, but
most are sheet flow discharges from the streets leading to the canal. The largest point
discharge is located at the intersection of E. Pelican Drive and SE 40th Street.
Stormwater that drains to the ditches on Pelican Drive discharges into the Davis Canal.
A newly installed pinch type check valve prevents tidal water from backing into the
ditch. There its a series of pipes and ditches leading to 10 discharges into ponds
located between SE 59th Street and SE 715t Street. Pipes and ditches leading to the
Intracoastal Waterway convey the remaining discharges. Most of these discharges are
100 to 200 feet short of the waterway, thus providing some vegetative filtering before
discharging into the waterway.
There are 167drop inlets, most of which are located at the eastern end of the Town, or
what was the Town of Youpon Beach. Also in the eastern part of the Town are two
manholes located on McGlamery Street, which are for maintenance of an 18-inch
corrugated metal pipe conveying stormwater to the marsh adjacent to the
Intracoastal Waterway.
The Town has 13.3 miles of storm drainage pipe, including road culverts, and 19.7 miles
of designated storm drainage ditches. The maintenance of the conveyance system is
to ensure that the ditches, swales, and pipe remain free of debris.
2.5. LAND USE COMPOSITION
Land use codes are designated for each parcel. The codes are as indicated in Table
2.5.1. As can be seen from Figure 2.5.1, the major land use in terms of area is low
density residential (R20). In terms of parcel count the major land use is low density
residential (R6). This can be seen in Figure 2.5.2. The area land use is biased by a large
tract of land north of the Intracoastal Waterway and west of the Town of St. James.
The land use estimates are derived from the Town's GIS parcel coverage with zoning
designations provided for each parcel.
2

Table 2.5.1 - land Use Codes
R-20
low density residential district
R-9
Moderate density residential
dlsMct
R-7500
Moderate density residential
district
R-7
Moderate density residential
district
R-6A
Higher density residential district
R-611
Higher density residential district
R-6MF
Higher density residential district
R-6MH
Higher density residential district
CB
Community business district
CR
Commercial recreation district
CAD
Low density commercial district
AD
Airport disMct
OS
Open space district
Figure 2.5.1: Town land Use by Area
uu
00
00
oa
00
.
ri
E-1
CR AD cB CLD OS R20 ROA ROB ROMF ROMH R7 R7500 Re
Land Use Codes
3

6
Figure 2.5.2: Town land Use by Parcel Count
AD CB CLD CR 05 R20 R6A R60 RSMF RSMH R7 R7500 R9
LAND USE CODES
2.6. TMDL IDENTIFICATION
Section 303(d) (1) (C) of the Clean Water Act and the U.S. Environmental Protection
Agency's (EPA) implementing regulations (40 CFR Part 130) require the establishment
of a Total Maximum Daily Load (TMDL) for the achievement of state water quality
standards when a water body is water quality -limited. A TMDL identifies the degree of
pollution control needed to maintain compliance with standards and includes an
appropriate margin of safety. The TMDL focuses on reducing the pollutant inputs to a
level (or "load") that fully supports the designated uses of a given water body. The
mechanisms used to address water quality problems after the TMDL is developed can
include a combination of best management practices and/or effluent limits and
monitoring required through NPDES permits.
TMDL allocations have not been issued for any of the Town's receiving water bodies
described in Section 3.0 below. None of these water bodies are considered "water
quality -limited". Monitoring conducted in Davis Canal in the fall of 2002 indicated low
levels of fecal coliform, phosphorus, nitrate/nitrite, and oil and grease.
4

3. RECEIVING STREAMS
The Town of Oak Island has Atlantic Ocean beachfront on the south side that runs in an east -
west direction. On the north side is the Intracoastal Waterway and various areas with finger
creeks and salt marshes. The major water bodies are listed in Table 3.1 below and are shown
in Figure 3.1
Table 3.1
RECEIVING WATER
NAME
WATER QUALITY
CLASSIFICATION
USE SUPPORT
RATING
WATER QUALITY ISSUES
Davis Canal
SA/HQW
NR
NONE
Davis Creek
SA/HQW
NR
NONE
Intracoastal
Waterway
SA/HQW
NR
NONE
Montgomery
Slough
SA/HQW
NR
NONE
Eastern Channel
SA/HQW
NR
NONE
Denis Creek
SA/HQW
NR
NONE
Elizabeth River
SA/HQW
NR
NONE
Atlantic Ocean
N/A
NR
NONE
Dutchman Creek
Outlet Channel
SA/HQW
NR
NONE
The Tidal Salt Water Quality Classifications used by the NCDENR are as follows:
(1) Class SC: salt waters protected for secondary recreation, fishing, aquatic life including
propagation and survival, and wildlife. All salt waters shall be classified to protect these
uses at a minimum.
(2) Class S6: salt waters protected for primary recreation, which includes swimming on a
frequent or organized basis, and all Class SC uses.
(3) Class SA: suitable for commercial shell fishing and all other tidal saltwater uses.
(4) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC
2H .0205, and which are landward of the mean high water line, and wetlands contiguous
to estuarine waters as defined by 15A NCAC 2H _0206.
All the receiving water bodies adjacent to Oak Island have an SA usage classification.
Surface waters are classified according to their best intended uses. Determining how well a
water body supports its uses (use support status) is an important method of interpreting water
quality data and assessing water quality. Surface waters are rated fully supporting (FS),
partially supporting (PS), or not supporting (NS). The ratings refer to whether the classified uses
of the water (i.e., aquatic life protection, primary recreation, and water supply) are being
met. For example, waters classified for fishing, aquatic life protection, and secondary
recreation (Class C for freshwater or SC for saltwater) are rated FS if data used to determine
use support meet certain criteria. However, if these criteria were not met, then the waters
would be rated as PS or NS, depending on the degree of degradation. Waters rated PS or NS
are considered to be impaired. Waters lacking data, or having inconclusive data, are listed
5

as not rated (NR). The Town of Oak Island receiving waters have not been rated to date
and, therefore, are given an NR designation.
4. EXISTING WATER QUALITY PROGRAMS
Section 18 of the Town of Oak Island's Code of Ordinances, included in Appendices A and
B, is a set of Land Use Ordinances. Articles V and VI of that section address stormwater. They
include a comprehensive set of practices and prohibitions related to stormwater
management. Design standards have been developed to maximize the use of vegetative
filtering to prevent any pollutants from entering the adjacent receiving water bodies. All
residential and commercial construction in the Town of Oak Island is under CAMA rule
constraints of 15A NCAC 07H.0209 to protect against estuarine shoreline erosion and must
meet the permit requirements of the state for non -point -source stormwater drainage.
M.

ti7lANtK �CF.,

S. PERMITTING INFORMATION
The measurable goals for the Town Of Oak Island's stormwater program are directly related
to the six elements of the Phase II permitting process. The responsible parties are listed in
table 5.1.
Table 5.1 - Responsible Parties
Measurable Elements
Contact
Contact
Phone
of Phase 11
Person/Position
Organization
Voice / Fax
1. Public education and
Deputy Public
Public Works
[phone] /
outreach on stormwater
Works Director
[phone]
Impacts
2. Public involvement and
Deputy Public
Public Works
(910) 278-50111
participation
Works Director
910 278-3400
3. Illicit discharge
Deputy Public
Public Works
(910) 278-501 1 /
detection and elimination
Works Director
910 278-3400
4. Construction site runoff
Fred Fulcher/ Chief
Development
[phone]/
control
Code Enforcement
Services
[phone]
Official
5. Post -construction
Fred Fulcher/ Chief
Development
[phone]/
stormwate► management
Code Enforcement
Services
[phone]
in new development and
Official
redevelopment
6. Pollution prevention 1
Deputy Public
Public Works
[phone] /
good housekeeping for
Works Director
[phone]
,,municipal operations
L

Figure 5.1 - Town of Oak Island Organization
Public Works
Public Works Director
John Olansen
Deputy Public Works Director/
Environmental
Vacant
EMS and Fire Dept.
Fire 1 EMS Chief
AlEssey
Recreation
Recreation Director
Kellie Beeson
Administration
Town Manager
Dave Oles
Public Utilities
Public Utilities Director
David Kelly
Departmental Services
Chief Code Enforcement Official
Fred Fulcher
Police Dept
11 Police Chief
W L Ingram
6. RELIANCE ON OTHER GOVERNMENT ENTITIES
The North Carolina Department of Environment and Natural Resources (NCDENR)
enforce erosion control and stormwater management. An erosion control plan for land
disturbances larger than one acre must be filed with the state at least 30 days before
beginning the land -disturbing activity and must be approved before work can begin.
The Wilmington regional office of NCDENR is the enforcing agency for the Town of Oak
Island for both erosion control and stormwater management.
7. STORMWATER MANAGEMENT PLAN
The Stormwater Management Plan is to ensure the implementation and enforce the
Stormwater Management Program (SWMP) designed to reduce the discharge of
pollutants from the Town of Oak Island to the maximum extent practicable (MEP), to
protect water quality, and satisfy the appropriate water quality requirements of the
Clean Water Act. The goal of Town is to implement a program based on the six major
elements of the NPDES Phase It general permitting requirement, which are:
■ Public education and outreach on stormwater Impacts
■ Public involvement and participation
E

■ Illicit discharge detection and elimination
■ Construction site runoff control
■ Post -construction stormwater management in new development and
redevelopment
■ Pollution prevention 1 good housekeeping for municipal operations
7.1 PUBLIC EDUCATION AND OUTREACH
What is Required?
To satisfy this minimum control measure, the Town of Oak Island needs to:
a) Implement a public education program to distribute educational materials to the
community, or conduct equivalent outreach activities about the impacts of
stormwater discharges on local water bodies and the steps that can be taken to
reduce stormwater pollution; and
b) Determine the appropriate best management practices (BMPs) and measurable
goals for this minimum control measure.
Why is It Necessary?
An informed and knowledgeable community is crucial to the success of a
stormwater management program since it helps to ensure the following:
a) Greater support for the program as the public gains a greater understanding of
the reasons why it is necessary and important. Public support is particularly
beneficial when operators of small MS4s attempt to institute new funding
initiatives for the program or seek volunteers to help implement the program; and
b) Greater compliance with the program as the public becomes aware of the
personal responsibilities expected of them and others in the community, including
the individual actions they can take to protect or improve the quality of area
waters.
H

Table 7.1: BMPs and Measurable Goals for Public Education and Outreach
No.
BMP
Measurable Goats
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Posillon/Party
PE 01
Distribute Owner's/
Produce and distribute 4000 copies
X
X
Deputy Public
Renter's Manual
of the Owners and Renter's Manual
Works
Director/Advisory
Board Chairman
PE 02
Classroom
Develop an age -specific
X
Deputy Public
Education
educational program In conjunction
Works Director
with City of Southport for
Presentations at Southport
Elementary, South Brunswick middle
and high schools
PE 03
Commercial
Develop and distribute 400 copies of
X
Deputy Public
Outreach
a one page Flyer that summarizes the
Works Director
dischar aprohibitions for businesses
PE 04
Distribute flyer
Develop and distribute 5000 plain
X
Deputy Public
describing
language flyers that describe the key
Works Director
highlights of Illicit
elements of the Town's illicit
Discharge
discharge ordinance
Ordinance
PE 05
Develop Education
Develop an infrastructure resource to
X
X
Deputy Public
Resources
support the public education and
Works Director
outreach program. Create Website
links and train volunteer educators
7.2 PUBLIC INVOLVEMENT AND PARTICIPATION
What is Required?
To satisfy this minimum control measure, the Town of Oak Island must:
a) Comply with applicable State, Tribal, and local public notice requirements; and
b) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why Is It Necessary?
EPA believes that the public can provide valuable input and assistance to a regulated
small MS4's municipal storrnwater management program and, therefore, suggests that
the public be given opportunities to play an active role in both the development and
implementation of the program. An active and involved community is crucial to the
success of a stormwater management program because it allows for.
a) Broader public support since citizens who participate in the development and
decision making process are partially responsible for the program and, therefore,
may be less likely to raise legal challenges to the program and more likely to take
an active role in its implementation;
b) Shorter implementation schedules due to fewer obstacles in the form of public
and legal challenges and increased sources in the form of citizen volunteers;

c) A broader base of expertise and economic benefits since the community can be
a valuable, and free, intellectual resource; and
d) A conduit to other programs as citizens involved in the stormwater program
development process provides important cross -connections and relationships with
other community and government programs. This benefit is particularly valuable
when trying to implement a stormwater program on a watershed basis, as
encouraged by EPA.
Table 7.2: BMPs and Measurable Goals for Public Involvement
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
PI 01
Stormwater
A Citizen Advisory board was
X
X
X
X
X->
Deputy Public
Advisory Board
Formed November 17, 2001 and will
Works Director
hold a minimum of b meetings per
year
PI 02
Advisory Board
stormwater Program Plan to be
X
Deputy Public
Review
presented to the Advisory Board for
Works Director
Review and Comment April 28, 2003
PI 03
Public Hearing
Town council to Include Program
X
Deputy Public
Presentation during public meeting
Works Director
in June 2003
P104
Public Comment
Town will receive public comment
X
Deputy Public
Period
for two weeks following meeting
Works Director
PI 05
Create a
X
X
X
X-).
Deputy Public
Volunteer
Use of volunteers for water quality
Works Director
organization
monitoring will give citizens first-
hand knowledge of the quality of
local water bodies and provide a
cost-effective means of collecting
water quality data. The volunteer
organization created will be used to
help identify outfalls, find Illicit
discharges and stencil stone drains,
and assist with water quafify
monitoring.
7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION
What is Required?
Recognizing the adverse effects illicit discharges can have on receiving waters, the
final rule requires the Town of Oak Island to develop, implement, and enforce an illicit
discharge detection and elimination program. This program must include the following:
a) A storm sewer system map, showing the location of all outfalls and the names
and location of all waters of the United States that receive discharges from those
ouffalls;
b) Through an ordinance or other regulatory mechanism, a prohibition (to the
12

extent allowable under State, Tribal, or local law) on non-stormwater discharges
into the MS4, and appropriate enforcement procedures and actions;
c) A plan to detect and address non-stormwater discharges, including illegal
dumping, into the MS4;
d) The education of public employees, businesses, and the general public about
the hazards associated with illegal discharges and improper disposal of waste;
and
e) The determination of appropriate BMPs and measurable goals for this minimum
control measure.
Why is N Necessary?
Discharges from MS4s often include wastes and wastewater from non-stormwater
sources. A study conducted in 1987 in Sacramento, California, found that almost one-
half of the water discharged from a local M54 was not directly attributable to
precipitation runoff. Significant portions of these dry weather flows were from illicit
and/or inappropriate discharges and connections to the MS4. Illicit discharges enter
the system through either direct connections (e.g., wastewater piping either mistakenly
or deliberately connected to the storm drains) or indirect connections (e.g., infiltration
into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or
used oil dumped directly into a drain). The result is untreated discharges that
contribute high levels of pollutants, including heavy metals, toxics, oil and grease,
solvents, nutrients, viruses, and bacteria to receiving water bodies. Pollutant levels from
these illicit discharges have been shown in EPA studies to be high enough to
significantly degrade receiving water quality and threaten aquatic, wildlife, and
human health.
13

Table 7.3: BMPs and Measurable Goals for 1111CH Discharge Detection And Elimination
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
ID Ol
Inventory
Develop and maintain a GIS-based
X
X
X
X
X--i�
Information
Stormwate►
Inventory of the Town's stormwater
Technology
Conveyance and
conveyance and discharge system.
Administrator
discharge System
ID 02
Prepare a Storm
Using the GIS, develop and maintain
X
X
X
X
X
Information
System Map
a series of map layouts that show the
Technology
ditches, pipes, drop Inlets, and
Administrator
discharge points.
ID 03
Develop an Illicit
Develop an enforceable illicit
X
Deputy Public
Discharge
discharge ordinance as part of the
Works Director
Ordinance
Town's Codes and Ordinances.
1D 04
Develop and
Develop a monitoring strategy and
X
X
X
X
X-►
Deputy Public
Implement a
map monitoring locations. Enlist a
Works Director
receiving water
certified water quality monitoring
quality monitoring
laboratory to carry out the
program
monfforing once a year and during
major rainfall events.
ID 05
Train Employees
Train employees In Public Works and
X
X
Deputy Public
Code Enforcement In how to
Works Director
recognize and report illicit
dischar es.
ID 06
Create Illicit
Create and maintain a separate
X
X
X
X--*
Deputy Public
Discharge Holtine
telephone line for the public to call
Works Director
In reports of illicit dischar es.
ID 07
Initial Identification
Begin the process of identifying
X
X
Deputy Public
of Illicit Discharge
potential sources from where illicit
Works Director
Sources
discharges can emanate.
7.4 CONSTRUCTION SITE RUNOFF SITE CONTROL
What is Required?
The Phase 11 Final Rule requires an operator of a regulated small MS4 to develop,
implement, and enforce a program to reduce pollutants in stormwater runoff to their
MS4 from construction activities that result in a land disturbance of greater than or
equal to one acre.
The small MS4 operator is required to:
a) Have an ordinance or other regulatory mechanism requiring the implementation of
proper erosion and sediment controls, and controls for other wastes, on applicable
construction sites;
b) Have procedures for site plan review of construction plans that consider potential
water quality impacts;
c) Have procedures for site inspection and enforcement of control measures;
d) Have sanctions to ensure compliance {established in the ordinance or other
regulatory mechanism);
14

e) Establish procedures for the receipt and consideration of information submitted by
the public; and
f) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why is it Necessary?
Polluted stormwater runoff from construction sites often flows to MS4s and, ultimately, is
discharged into local rivers and streams. Of the pollutants listed in Table 7.4.1, sediment
is usually the main pollutant of concern. Sediment runoff rates from construction sites
are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000
times greater than those of forestlands. During a short period of time, construction sites
can contribute more sediment to streams than can be deposited naturally during
several decades. The resulting siltation, and the contribution of other pollutants from
construction sites, can cause physical, chemical, and biological harm to our nation's
waters. For example, excess sediment can quickly fill rivers and lakes, requiring
dredging and destroying aquatic habitats. Table 7.4.1 also list some erosion control
measures that can be implemented to reduce pollution from stormwater runoff. Some
of these control measures can be retained as post construction control measures.
Table 7.4.1: Construction Safe Pollution and Erosion Control
Pollutants Commonly Discharged
From Construction Sites
Commons Types of Erosion
Control Measures
Sediment
Rock Construction Entrances
Solid and sanitary wastes
Silt Fences
Phosphorous (fertilizer)
Inlet Protection
Nitrogen (fertilizer)
Diversion Ditches
Pesticides
Sediment Traps
Oil and grease
Rock Dams
Concrete truck washout
Sediment Basins
Outlet Protection
Stabilization
Excelsior Mat
Sod
Rip Rap Lined Channels
Dust Control and Sand Fences
15

Table 7.4.2: BMPs and Measurable Goals for Construction Site Runoff Control
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Posillion/Party
CS 01
Town Implements
Town Implements and enforces
X
X
X
X
X--*
Chief Code
Ordinance
construction site stormwater runoff
Enforcement
and erosion control. Stormwater
Official
control requirements are described
In Sections 18-651 through 18-662 of
the Town's Ordinances.
CS 02
Manual of
In accordance with Section 18-660
X
Deputy Public
stormwater
of the Town's Ordinance, a Manual
Works Director
management
of Stormwater Management
practices
Practices will be developed.
CS 03
Staff Training
Develop a training program for
X
Deputy Public
Code Enforcement staff to Identify
Works Director
stormwater and erosion control
violations.
7.5 POST -CONSTRUCTION RUNOFF SITE CONTROL
What Is Required?
The Phase it Final Rule requires an operator of a regulated small MS4 to develop,
implement, and enforce a program to reduce pollutants in post -construction runoff to
the MS4 from new development and redevelopment projects that result in the land
disturbance of greater than or equal to 1 acre. The small MS4 operator is required to:
a) Develop and implement strategies that include a combination of structural
and/or non-structural BMPs;
b) Have an ordinance or other regulatory mechanism requiring the implementation
of post -construction runoff controls to the extent allowable under State, Tribal or
local law,
c) Ensure adequate long-term operation and maintenance of controls;
d) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why is It Necessary?
Post -construction stormwater management in areas undergoing new development or
redevelopment is necessary because runoff from these areas has been shown to
significantly effect receiving water bodies. Many studies indicate that prior planning
and design for the minimization of pollutants in post -construction stormwater
discharges is the most cost-effective approach to stormwater quality management.
There are generally two forms of substantial impacts of post -construction runoff. The
first is caused by an increase in the type and quantity of pollutants in stormwater
runoff. As runoff flows over areas altered by development, it picks up one or more of
the pollutants listed in table 4.1. These pollutants often become suspended in runoff
16

and are carried to receiving waters, such as lakes, ponds, and streams. Once
deposited, these pollutants can enter the food chain through small aquatic life,
eventually entering the tissues of fish and humans. The second kind of post -
construction runoff impact occurs by increasing the quantity of water delivered to the
water body during storms. Increased impervious surfaces interrupt the natural cycle of
gradual percolation of water through vegetation and soil. Instead, water is collected
from surfaces such as asphalt and concrete and routed to drainage systems where
large volumes of runoff quickly flow to the nearest receiving water. The effects of this
process include stream bank scouring and downstream flooding, which often lead to
a loss of aquatic life and damage to property.
Table 7.5: BMPs and Measurable Goals for Post Construction Site Runoff Control
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Party
PC 01
Town Implements
Sections 18-651 through 18-662 of
X
X
X
X
X
Deputy Public
Ordinance
the Town's Ordinances require that
-►
Works
the developer provide a stormwater
Director/Advisory
management plan to show that
Board Chairman
stormwater runoff and erosion are
controlled.
PC 02
Develop a manual
A manual of Innovative BMPs will be
X
Deputy Public
of Post Construction
developed for Structural and Non-
Works Director
BMPs
Structural BMPs to ensure sound
Stormwater management
PC 03
Developer
Develop and Implement a program
X
Deputy Public
Outreach
for developers on Stormwater
Works Director
Management Importance and BMPs
7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING
What is Required?
Recognizing the benefits of pollution prevention practices, the rule requires an
operator of a regulated small MS4 to:
a) Develop and implement an operation and maintenance program with the
ultimate goal of preventing or reducing pollutant runoff from municipal
operations into the storm sewer system;
b) Include employee training on how to incorporate pollution prevention/good
housekeeping techniques into municipal operations, such as park and open
space maintenance, fleet and building maintenance, new construction and land
disturbances, and stormwater system maintenance. To minimize duplication of
effort and conserve resources, the MS4 operator can use training materials that
are available from EPA, State or Tribe, or relevant organizations;
c) Determine the appropriate BMPs and measurable goals for this minimum control
measure.
Why Is It Necessary?
The pollution prevention/good housekeeping for municipal operations minimum
17

control measure is a key element of the small MS4 stormwater management program.
This measure requires small MS4 operators to examine and subsequently alter their own
actions to help ensure a reduction in the amount and type of pollution that:
a) collects on streets, parking lots, open spaces, and storage and vehicle
maintenance areas, and is discharged into local waterways: and
b) results from actions such as environmentally damaging land development and
flood management practices or poor maintenance of storm sewer systems. While
this measure is meant primarily to improve or protect receiving water quality by
altering municipal or facility operations, it also can result in a cost savings for the
small MS4 operator, since proper and timely maintenance of storm sewer systems
can help avoid repair costs from damage caused by age and neglect.
Table 7.6: BMPs and Measurable Goats for Pollution Prevention/Good Housekeeping
No.
BMP
Measurable Goals
Yr
Yr
Yr
Yr
Yr
Responsible
1
2
3
4
5
Position/Pa
PP 01
BMPs for Town
Develop a set of BMPs for the Town's
X
Deputy Public
Operation and
operation and maintenance.
Works
maintenance
PP 02
Employee Training
Develop and Implement training to
X
Deputy Public
Increase stormwater awareness and
Works Director
the Town's operational
responsibilities.
PP 03
Distribute flyer
Develop and distribute 5,000 plain
X
X
Deputy Public
describing
language flyers that describe the key
Works Director
highlights of Illicit
elements of the Town's illicit
Discharge
discharge ordinance.
Ordinance
PP04
Information
Develop and Implement a program
X
Deputy Public
Management
to locate, identity, and report
Works Director
stormwater problem areas and
Issues.
PP05
Map problem
Incorporate the information
X
Information
areas
collected on the Town's stormwater
Technology
problem areas Into the Town's GIS.
Administrator

APPENDIX A
TOWN OF OAK ISLAND, NC
STORMWATER MANAGEMENT ORDINANCE
Appendix A - 1

Sec.18-651. Short tifle.
This article shall be known as the Stormwater Management Ordinance for Oak Island, North
Carolina.
(Ord. of 6-12-2001. ch. 4, § 1.0)
Sec. 18-652. Findings of facts.
The town council finds that uncontrolled drainage development of land could have a significant
adverse impact upon the health, safety, and welfare of the community. More specifically:
1) Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality
and effect in closures of shell -fishing waters;
2) The increase in nutrients such as phosphorus and nitrogen accelerates eutrophication of
receiving waters, adversely affecting flora and fauna;
3) Improperly channeling water increases the velocity of runoff, thereby increasing erosion and
sedimentation;
4) Construction requiring the alteration of natural topography and removal of vegetation tends
to cause a loss of natural recharge areas and increase erosion;
5) Siltation of water bodies resulting from increased erosion decreases their capacity to hold
and transport water, and harms flora and fauna;
6) Impervious surfaces increase the volume and rate of stormwater runoff and allow less water
to percolate into the soil, thereby decreasing groundwater recharge;
7) Improperly managed stormwater runoff can increase the incidence of flooding and the level
of floods, which occur, endangering property and human life;
8) Improperly managed stormwater runoff can interfere with the maintenance of optimum
salinity in estuarine areas, thereby disrupting biological productivity;
9) Substantial economic losses result from these adverse impacts on community waters;
10) Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
(Ord. of 6-12-2001, ch. 4, § 2.0)
Appendix A - 2

Sec. 18-653.Objecfives of article.
in order to protect, maintain, and enhance both the immediate and the long-term health,
safety, and general welfare of the citizens of the town, this article has the following objectives:
1 j Encourage productive and enjoyable harmony between humanity and nature;
2) Protect and maintain the chemical, physical and biological integrity of wetland ponds and
waters of Davis Canal, the inland waterway, and Atlantic Ocean;
3) Prevent individuals and organizations from causing harm to the community by activities,
which adversely affect water resources;
4) Encourage the construction of drainage systems, which aesthetically and functionally
approximate natural systems;
sj Encourage the protection of natural systems and the use of them in ways which do not
impair their beneficial functioning;
6) Minimize the transport of pollutants to area surface waters;
7) Maintain groundwater levels;
SJ Protect and maintain natural salinity levels in estuarine areas;
9] Minimize erosion and sedimentation;
10) Prevent damage to wetlands;
11) Prevent damage from flooding, while recognizing that natural fluctuations in water levels are
beneficial;
12) Protect and maintain the habitat of fish and wildlife; and
13) Ensure the attainment of these objectives by requiring the approval and implementation of
stormwater management plans for all activities, which may have an adverse impact upon
community waters.
(Ord. of 6-12-2001, ch. 4, § 3.0)
Appendix A - 3

Sec. 18-654. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Adverse impacts means any modifications, alterations, or effects on a feature or characteristic
of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area,
species composition, living resources, aesthetics, or usefulness for human or natural uses which
are or may potentially be harmful or injurious to human health, welfare, safety, or property to
biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment
of life or property, including outdoor recreation. The term includes secondary and cumulative as
well as direct impacts.
Clearing means the cutting and removal of trees and brush from the land, but shall not include
the ordinary mowing of grass.
Detention means the collection and storage of surface water for subsequent gradual
discharge.
Developer means any person who engages in development either as the owner or as the
agent of an owner of property.
Development and development activity mean:
1 } The construction, installation, alteration, demolition or removal of a structure,
impervious surface, or drainage facility;
2} Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or
3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or otherwise significantly disturbing the soil, mud, sand or rock
of a site.
Drainage facility means any component of the drainage system.
Drainage system means the system through which water flows from the land. It includes all
watercourses, water bodies and wetlands.
Erosion means the wearing or washing away of soil by the action of wind or water.
Flood means a temporary rise in the level of any water body, watercourse or wetland, which
results in the inundation of areas not ordinarily covered by water.
Grubbing means the removal and disposal of stumps and roots of vegetation.
Impervious surface means a surface, which has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes semi -impervious surfaces
such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks,
parking lots, and other similar structures, etc., but not including decking.
Natural systems means systems which predominantly consist of or use those communities of '
plants, animals, bacteria, and other flora and fauna that occur indigenously on the land, in the
soil, or in the water.
Appendix A - 4

Owner means the person in whom is vested the fee ownership, dominion, or tide of property, i.e.,
the proprietor. This term may also include a tenant, if chargeable under his lease for the
maintenance of the property, and any agent of the owner or tenant, including a developer.
Person means any and all persons, natural or artificial, and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership, association, two or
more persons having a joint or common interest, or any other legal entity.
Predevelopment conditions means those conditions that existed before alteration, resulting from
human activity, of the natural topography, vegetation, and rate, volume or direction of surface
water or groundwater flow, as indicated by the best available historical data.
Receiving bodies of water means any water bodies, watercourses or wetlands into which
surface waters flow either naturally, in manmade ditches, or in a closed conduit system.
Redevelopment means any rebuilding activity which has no net increase in built -upon area or
which provides equal or greater stormwater control than the previous development.
Retention means the collection and storage of runoff without subsequent discharge to surface
waters.
Sediment means fine particulate material, whether mineral or organic, that is in suspension or
has settled in a water body.
Sedimentation facility means any structure or area that is designed to hold runoff water until
suspended sediments have settled.
Site means any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land,
which are in one ownership, or are contiguous and in diverse ownership, where development is
to be performed as part of a unit, subdivision, or project.
Stormwafer management plan means the detailed analysis required by section 18-656 for each
activity described in section 18-655.
Structure means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner,
but shall not include fences or signs.
Subdivide means to divide the ownership of a parcel of land, whether improved or unimproved,
into two or more contiguous lots or parcels of land, whether by reference to a plat, by metes
and bounds, or otherwise, in accordance with the town regulations.
Vegetation means all plant growth, especially trees, shrubs, vines, ferns. mosses and grasses.
Water body means any natural or artificial pond, lake, reservoir, or other area which ordinarily or
intermittently contains water and which has a discernible shoreline.
Watercourse means any natural or artificial stream, river, creek, channel, ditch canal, conduit,
culvert, drain, waterway, gully, ravine, street, roadway, Swale, or wash in which water flows in a
definite direction, either continuously or intermittently, and which has a definite channel, bed, or
banks.
Appendix A - 5

Waters and community of waters mean any and all water on or beneath the surface of the
ground. It includes the water in any watercourse, water body, or drainage system. It also
includes diffused surface water and water percolating, standing or flowing beneath the surface
of the ground, as well as coastal waters.
Watershed means a drainage area or drainage basin contributing to the flow of water in a
receiving body of water.
Wetlands means those areas where:
1) The soil is ordinarily saturated with water,
2) The dominant plant community is one or more of those species designated by the U.S.
Army Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or
3) The presence of one or more of those plant species designated by the state division of
coastal management as identifying coastal wetlands or the transitional zone of coastal
wetlands.
(Ord. of 6-12-2001, ch. 4, § 4.0)
Appendix A - 6

Sec. 18-655. Applicability of article provisions.
1) All development occurring after the effective date of the ordinance from which this article is
derived within the Town must comply with minimum stormwater control standards. All
development must provide appropriate infiltration devices to control runoff of the first 1.5
inches of rainfall or less from all impervious surfaces on site. Flow from gutters and
downspouts shall be diverted to dry wells or porous drainpipes in rock envelope. For
structures without gutters and downspouts, gravel infiltration beds under roof overhangs shall
be provided. Typical designs of appropriate systems are provided for guidance in the
manual of stormwater management practices (see Section 18-660). Applicants are
encouraged to submit alternative management plans that meet the requirements of this
article.
2) Unless exempted pursuant to subsection (c) of this section or granted a variance pursuant to
subsection (d) of this section, a stormwater management plan must be submitted and
approved before:
3) A plat is recorded or land is subdivided.
4) An existing drainage system is altered, rerouted, or deepened.
5) A building permit is issued.
6) Development is commenced.
7) Exemptions. The following development activities are exempt from the stormwater
management plan requirement:
8) Agricultural activity not involving the artificial drainage of land;
9) Any maintenance, alteration, use, or improvement to an existing structure not changing or
affecting quality, rate, volume, or location of surface water discharge, and meets the
requirements of redevelopment.
10) Variances. The Town may grant a written variance from any requirement of this article using
the following criteria:
11) There are special circumstances applicable to the subject property of its intended use; and
12) The granting of the variance will not:
a) Significantly increase or decrease the rate or volume of surface water runoff;
b) Have a significant adverse impact on an area "404 wetland" watercourse or water body;
c) Significantly contribute to the degradation of water quality;
d) Otherwise significantly impair attainment of the objectives of this article.
(Ord. of 6-12-2001, ch. 4, § 5.0)
Appendix A - 7

Sec. 18-656. Contents of the stormwater management plan.
1) It is the responsibility of an applicant to include in the stormwater management plan
sufficient information for the town or its agents to evaluate the environmental characteristics
of the affected areas, the potential and predicted impacts of the proposed activity on area
surface waters, and the effectiveness and acceptability of those measures proposed by the
applicant for reducing adverse impacts. The stormwater management plan shall contain
maps, charts, graphs, tables, photographs, narrative descriptions and explanations, and
citations to supporting references, as appropriate, to communicate the information required
by this section.
2) A stormwater management plan for a single-family or duplex residence shall include the
following:
a) Name, address, and telephone number of the owner and developer/builder.
b) A sketch plan of the property showing its location with reference to such landmarks as
major water bodies, adjoining roads, and subdivisions.
c) Location of floodplains.
d) Location of existing vegetation.
e) Show new work on the sketch plan including
i) Areas where vegetation will be cleared or otherwise killed.
ii) Areas that will be covered with an impervious surface, and description of the
surfacing material.
iii) Size and location of any buildings or other structures.
Show in general the location of the septic tank and disposal field.
iv) Show in general the direction including any channels and quantity of stormwater that
will be collected on the site.
v) Show the proposed infiltration system including the location, size, and volume of
storage provided.
3) The stormwater management plan for commercial development and major residential
development shall contain the following:
a) The name, address, and telephone number of the owner and the developer.
b) Legal description of the property.
c) Location with reference to such landmarks as major water bodies, adjoining roads, or
subdivisions, which should be identified by a map.
d) The existing environmental and hydrologic conditions of the site and of receiving waters
and wetlands shall be described in detail, including the following:
Appendix A - 8

i) The direction, flow rate, and volume of stormwater runoff under existing conditions
and, to the extent practicable, predevelopment conditions:
H) The location of areas on the site where stormwater collects or percolates into the
ground;
iii) A description of all watercourses, water bodies and wetlands on or adjacent to the
site or into which stormwater flows. Information regarding their water quality and the
current water quality classification, if any, given them by the state division of
environmental management {NCDEM) shall be included;
iv) Groundwater levels, including seasonal fluctuations;
v) Location of floodplains;
vi) Vegetation;
vii) Topography to a minimum of two -foot intervals;
viii) Soils as shown on the USDA Soil Survey of Brunswick County.
e) Proposed alterations of the site shall be described in detail, including:
4) Changes in topography;
5) Areas where vegetation will be cleared or otherwise killed;
6) Areas that will be covered with an impervious surface and a description of the surfacing
material;
7) The size and location of any buildings or other structures;
8) Predicted impacts of the proposed development on existing conditions shall be described in
detail, including:
a) Changes in water quality;
b) Changes in groundwater levels;
c) Impacts on wetlands; and
d) Impacts on vegetation.
e) All components of the drainage system and any measures for the detention, retention, or
infiltration of water or for the protection of water quality shall be described in detail,
including:
9) The channel, direction, flow rate, volume, and quality of stormwater that will be conveyed
from the site; with a comparison, compared to existing conditions and, to the extent
practicable, predevelopment conditions;
10) Detention and retention areas, including plans for the discharge of contained waters,
maintenance plans, and predictions of water quality in those areas;
Appendix A - 9

11) Areas of the site to be used or reserved for percolation including a prediction of the impact
on groundwater quality;
12) A plan for the control of erosion and sedimentation which describes in detail the type and
location of control measures, the stage of development at which they will be put into place
or used, and provisions for their maintenance;
13) Any other information that the developer or the town or its agents believes is reasonably
necessary for an evaluation of the development.
(Ord. of 6-12-2001, ch. 4, § 6.0)
Appendix A - 10

Sec. 18-657. Procedures and fees.
1) Any person planning a development shall submit a stormwater management plan or an
application for a variance to the town.
2) A permit fee will be collected at the time the stormwater management plan is submitted
and will reflect the cost of administration and management of the permitting process. The
town shall establish, by resolution, a prorated fee schedule based upon the relative
complexity of the project. The fee schedule may be amended from time to time by the town
council by resolution.
3) Within 30 days after submission of the completed stormwater management plan, the town
shall approve, with or without specified conditions or modifications, or reject the plan and
shall notify the applicant accordingly. If the town has not rendered a decision within 30 days
after plan submission, it shall inform the applicant of the status of the review process and the
anticipated completion date. If the plan is rejected or modified, the town shall state its
reasons. However, it is not the responsibility of the town or its designated agent to design an
acceptable project.
4) The stormwater management plan shall not be approved unless it clearly indicates that the
proposed development will meet the performance standards described in section 18-658
and the design standards described in section 18-659, except where a variance has been
granted pursuant to section 18-655 (d), or where off -site management is approved pursuant
to section 18-660.
5) No stormwater management plan may be approved without adequate provision for
inspection of the property before development activity commences. The applicant shall
arrange with the town's building inspector or his designated representative for scheduling
the following inspections:
a) Initial inspection: Prior to approval of the stormwater management plan;
b) Bury inspection: Prior to burial of any underground drainage structure;
c) Erosion control inspection: As necessary to ensure effective control of erosion and
sedimentation;
d) Finish inspection: When all work including installation of all drainage facilities has been
completed.
6) The town building inspector or his designated agent shall inspect the work and shall either
approve it or notify the applicant in writing in what respects there has been a failure to
comply with the requirements of the approved stormwater management plan. The
applicant shall promptly correct any portion of the work that does not comply or the
applicant will be subject to the penalty provisions of section 18-662.
7) Any person aggrieved by the action of any official charged with the enforcement of this
article, as the result of the disapproval of a properly filed application for a permit, issuance of
a written notice of violation, or an alleged failure to properly enforce this article in regard to
a specific application shall have the right to appeal the action to the town council. The
appeal shall be filed in writing within 30 days of the date of official transmittal of the final
decision or determination to the applicant, shall state clearly the grounds on which the
Appendix A - 11

appeal is based, and shall be processed in the manner prescribed for hearing administrative
appeals under local and state statutes.
(Ord. of 6-12-2001, ch. 4, § 7.0)
Sec. 18-658. Performance standards.
The stormwater management plan must demonstrate the proposed development or activity has
been planned and designed and will be constructed and maintained to meet each of the
following standards:
1) Ensure that after development, runoff from the site approximates the rate of flow, volume
and timing of runoff that would have occurred following the same rainfall under existing
conditions and, to the extent practicable, predevelopment conditions;
2) Maintain the natural hydrodynamic characteristics of the watershed;
3) Protect or restore the quality of groundwaters and surface waters;
4) Ensure that erosion during and after development is minimized;
5) Protect groundwater levels;
6) Protect the beneficial functioning of wetlands as areas for the natural storage of surface
waters and the chemical reduction and assimilation of pollutants;
7) Prevent increased flooding and damage that results from improper location, construction
and design of structures in areas which are presently subject to an unacceptable danger of
flooding;
8) Prevent or reverse salt water intrusion;
9) Protect the natural fluctuating levels of salinity in estuarine areas;
10) Protect the integrity of natural inter-dunal trough groundwater recharge areas;
11) Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat;
12) Otherwise further the objectives of this article.
(Ord. of 6-12-2001, ch. 4, § 8.0)
Appendix A - 12

Sec. 18-659. Design standards.
To ensure attainment of the objectives of this article, and to ensure that performance standards
will be met, the design, construction, and maintenance of drainage systems shall be consistent
with the following standards:
1) Channeling runoff directly into water bodies shall be strictly prohibited_ Instead, runoff shall
be routed through vegetated swales and other systems designed to increase time of
concentration, decrease velocity, increase filtration, allow suspended solids to settle, and
remove pollutants.
2) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened,
straightened, stabilized or otherwise altered. Water shall be retained or detained before it
enters any natural watercourse in order to preserve the natural hydrodynamics of the
watercourse and to prevent siltation or other pollution.
3) The area of land disturbed by development shall be as small as practicable. An adequate
barrier from construction activity shall protect the areas that are not to be disturbed.
Whenever possible, natural vegetation shall be retained and protected.
4) No grading, cutting or filling shall be commenced until erosion and sedimentation control
devices have been installed between the disturbed area and water bodies, watercourses
and wetlands.
5) Land that has been cleared for development and upon which construction has not
commenced shall be protected from erosion by appropriate techniques designed to
revegetate the area.
6) Sediment shall be retained on the site of the development.
7) Wetlands and other water bodies shall not be used as sediment traps during development.
8) Erosion and sedimentation facilities shall receive regular maintenance to ensure that they
continue to function properly.
9) Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is
low enough to prevent erosion.
10) Vegetated buffer strips shall be created or, where practicable, retained in their natural state
along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall
be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the
water body, and allow for periodic flooding without damage to structures. A 30-foot buffer is
required by CAMA rules (I 5A NCAC 07H.0209) for all coastal shorelines.
11) Intermittent watercourses, such as swales, shall be vegetated.
12) Retention and detention ponds shall he used to retain and detain the increased and
accelerated runoff which the development generates. Wafter shall be released from
detention ponds into watercourses or wetlands at a rate and in a manner approximating the
natural flow which would have occurred before development.
13) The first 1.5 inch of runoff from impervious surfaces shall be retained on the site of the
development. Where site conditions, such as soil conditions and slope permit, the use of
Appendix A - 13

preserved woods and other on -site vegetated areas for on -site stormwater containment
areas in lieu of construction of devices is encouraged. The vegetated area must meet the
calculations contained in the Stormwater Management Manual.
14) Detention and retention areas shall be designed so that shorelines are sinuous rather than
straight and so that length of shoreline is maximized, thus offering more space for the growth
of littoral vegetation.
15) The banks of detention and retention areas shall slope at a gentle grade into the water as a
safeguard against drowning, personal injury or other accidents, to encourage the growth of
vegetation and to allow the alternate flooding and exposure of areas along the shore as
water levels periodically rise and fall.
16) The use of drainage facilities and vegetated buffer zones as open space, recreation and
conservation areas shall be encouraged.
(Ord. of 6-12-2001, ch. 4, § 9.0)
Appendix A - 14

Sec. 18-660. Manual of stormwater management practices.
1) The town shall compile a manual of stormwater management practices for the guidance of
persons preparing stormwater management plans, and designing or operating drainage
systems. The manual shall be updated periodically to reflect the most current and effective
practices and shall be made available to the public.
2) The manual shall include guidance and specifications for the preparation of stormwater
management plans. Acceptable techniques for obtaining, calculating and presenting the
information required in the stormwater management plans shall be described.
3) The manual shall include guidance in the selection of environmentally sound practices for
the management of stormwater and the control of erosion and sediment. Specific
techniques and practices shall be described in detail. The development and use of
techniques that emphasize the use of natural systems shall be encouraged.
4) The manual shall also establish minimum specifications for the construction of drainage
facilities. Construction specifications shall be established in accordance with current good
engineering practices.
5) The building inspector shall submit the manual and subsequent revisions of it to the town
council and planning board for review and approval.
(Ord. of 6-12-2001, ch. 4, § 10.0)
Appendix A - 15

Sec. 18-661. Maintenance.
The owner shall grant to the town the right to enter to inspect and, if necessary, to take
corrective action should the owner fail to properly maintain the system. Before taking corrective
action, the town shall give the owner written notice of the nature of the existing defects. If the
owner fails within 30 days from the date of notice to commencement corrective action or to
appeal the matter to the town council, the town may take necessary corrective action, the cost
of which shall become a lien on the real property until paid.
(Ord. of 6-12-2001, ch. 4, § 11.0)
Sec. 18-662. Enforcement of article provisions.
1) Nuisance. Any development activity that is commenced without prior approval of a
stormwater management plan or is conducted contrary to an approved stormwater
management plan, as required by this article, shall be deemed a public nuisance and may
be restrained by injunction or otherwise abated in a manner provided by law.
2) Civil and criminal penalties. In addition to or as an alternative to any penalty provided in this
section or by low, any person who violates the provisions of this article shall be punished in
accordance with section 1-7. Such person shall be guilty of a separate offense for each day
during which the violation occurs or continues.
3) Restoration; liens. Any violator may be required to restore land to its undisturbed condition. If
restoration is not undertaken within a reasonable time after notice, the town may take
necessary corrective action, the cost of which shall become a lien upon the property until
paid.
4) Notice of violation. When the town building inspector determines that development activity
is not being carried out in accordance with the requirements of this article, he shall issue a
written notice of violation to the owner of the property. The notice of violation shall contain
the following:
a) The name and address of the owner or applicant;
b) The street address when available or a description of the building structure, or land upon
which the violation is occurring:
c) A statement specifying the nature of the violation;
d) A description of the remedial actions necessary to bring the development activity into
compliance with this article and a time schedule for completion of such remedial action;
e) A statement of the penalties that shall or may be assessed against the person to whom
the notice of violation is directed;
f) A statement that the town's determination of violation may be appealed to the town
council by filing a written notice of appeal within 15 days of service of notice of viol(3tion.
i) Service of notice. The notice of violation shall be served upon the person to whom it is
directed either personally, in the manner provided for personal service of notices by
the court of local jurisdiction or by mailing a copy of the notice of violation by
Appendix A - 16

certified mail, postage prepaid, return receipt requested, to such person at his last
known address.
ii) Determination; appeal. A notice of violation issued pursuant to this section constitutes
a determination from which administrative appeal may be taken to the town
council.
(Ord. of 6-12-2001, ch. 4, § 12.0)
Secs. 18-663--18-700. Reserved_
Appendix A - 17

April 10, 2002
April 15, 2002 Updated
Billy Fincher, Stormwater Administrator
Town of Oak Island Public Utilities Department
4601 East Oak Island Drive
Oak Island, NC 28465
RE: Proposed Illicit Storm Water Discharge Ordinance
Dear Billy Fincher:
McKim & Creed 17630008 (10)
I am pleased to provide you a grammatically corrected version of the Proposed Town of Oak
Island Illicit Storm Water Discharge Ordinance, which has been developed and formalized
through great assistance of the Public Storm Water Committee Members. Enclosed for your use
are six (6) bound copies and 15 stapled copies for the ordinance.
This submittal is for your submission to your Planning Department, to receive their
recommendations, and subsequent continuance of Adoption protocol_ By copy of this letter,
James Rosich is provided this latest proposed document for review, and comment. The
Proposed Ordinance is a result of the assistance received through the North Carolina Division of
Coastal Management (DCM) Grant. Contract Number S02057, including direction from James E
Rosich, AICP, DCM.
This has been a pleasure working with the Committee on this notable project. Theirs and your
many contributions, and readings have provided this note worthy progress.
Please free to contact myself with any additional comments, or needs. I thank you for your
personal investment of time and energy.
Sincerely,
McKim & Creed, PA
Gregory J Hetzler, PE
Planner -in -Charge for DCM
Senior Project Manager
cc: James E Rosich, AICP w/encl
Linda Faulkner -Vaughn, Public Relations McKim & Creed, PA w/encl
John Olansen, Director of Public Works w/encl
Public Storm Water Committee Members w/encl
o Sheila M Bell, Ken Scott, Michael P McCabe, Thomas C Shaynock, Jim Boney
Appendix B - 2

TOWN OF OAK ISLAND
ILLICIT STORM WATER DISCHARGE
ORDINANCE
TABLE OF CONTENTS
ILLICIT STORM WATER DISCHARGE ORDIANCE
TOWN OF OAK ISLAND
SECTION PAGE
CHAPTER - ILLICIT STORM WATER DISCHARGE ORDINANCE .......... 5
SECTION 1.0:
SHORT TITLE.................................................................................................5
SECTION 2.0:
DEFINITIONS................................................................................................5
SECTION 3.0:
FINDINGS OF FACTS...................................................................................8
SECTION 4.0:
OBJECTIVES.................................................................................................8
SECTION 5.0:
APPLICABILITY.............................................................................................9
SECTION 6.0:
RESPONSIBILITY FOR ADMINISTRATION
....................................................10
Appendix B - 3

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SECTION 7.0: ULTIMATE RESPONSIBILITY.........................................................................10
SECTION 8.0: WATERCOURSE PROTECTION..................................................................10
SECTION 9.0: REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES..............11
SECTION 10.0: PERMITTED DISCHARGE ACTIVITY............................................................11
SECTION 11.0: DISCHARGE PROHIBITIONS PROHIBITION OF ILLEGAL DISCHARGE ....... 11
SECTION 12.0: MONITORING OF DISCHARGE.................................................................12
SECTION 13.0: SUSPENSION OF STORM WATER DRAIN ACCESS....................................12
SECTION 14.0: NOTIFICATION OF SPILLS..........................................................................13
SECTION 15.0: ENFORCEMENT.........................................................................................13
SECTION 16.0: APPEAL OF NOTICE OF VIOLATION.........................................................14
SECTION 17.0: ENFORCEMENT MEASURES AFTER APPEAL..............................................14
SECTION 18.0:
INJUNCTIVE RELIEF....................................................................................14
SECTION 19.0:
ALTERNATIVE COMPENSATORY ACTION.................................................15
SECTION 20.0:
VIOLATIONS DEEMED A PUBLIC NUISANCE............................................15
SECTION 21.0:
CRIMINAL PROSECUTION.........................................................................15
SECTION 22.0:
REMEDIES NOT EXCLUSIVE.......................................................................15
SECTION 23.0:
SEVERABILITY.............................................................................................15
SECTION 24.0:
ADOPTION OF ORDINANCE....................................................................15
Appendix B - 4

TOWN OF OAK ISLAND
STORMWATER PROGRAM
CHAPTER
ILLICIT STORM WATER DISCHARGE ORDINANCE
SHORT TITLE
This ordinance shall be known as the "Illicit Storm Water Discharge Ordinance for the Town of
Oak Island, North Carolina."
DEFINITIONS
Unless specifically defined below, words or phrases shall be interpreted so as to give them the
meaning they have in common usage and to give this ordinance its most effective application.
Words used in singular shall include the plural and the plural the singular; words used in the present
tense shall include the future tense. The word "shall" denotes mandatory and not discretionary; the
word "may" is permissive.
Adverse Impacts: Any modifications, alterations or effects on a feature or characteristic of
community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species
composition, living resources, aesthetics or usefulness for human or natural uses which are or may
potentially be harmful.
Authorized Enforcement Agency: Employees or designees of the Town of Oak Island.
Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and education practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. & 1251 et. seq.), and any
subsequent amendments thereto.
Community of Waters: See Waters.
Connection: Any physical common joining including devices that are natural, constructed, installed,
fabricated, shaped, redirected, sloped, pumped, drained connection including methods by artificial or
natural means, and located either above surface, at surface, or sub -surface locations, and from either
indoor, outside, and moveable sources of origination and including spills.
Construction Activity: Activities subject to NPDES Construction Permits. These include
construction permits resulting in land disturbance of 1 acre or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
Drainage Facility: Any component of the drainage system.
Drainage System: System through which water flows from the land, including piping,
watercourses, water bodies, and wetlands.
Excluded Storm Water System Discharge Category: The following categories of potential
discharges to the storm water system are not to be considered as illegal discharges, except if in the
judgment of the Town of Oak Island, activities under these categories, or the categories, are
significant contributors of pollutants:
1. Water Line Flushing
2. Landscape and Lawn Irrigation Water
3. Diverted Stream Flows
4, Rising Ground Waters
5. Uncontaminated Ground Water Infiltration (as defined at 40 CFR 35.2005(20))
G. Uncontaminated Pumped Ground Water
7. Discharges from Potable Water Sources
8. Air Conditioning Condensation
9. Springs
Appendix B - 5

TOWN OF OAK ISLAND
STORMWATER PROGRAM
10. Water from Crawl Space Pumps
11. Individual Residential Car Washing
12. Flows from Riparian I-labitats and Wetlands
13. De -chlorinated Swimming Pool Discharges
14. Street Wash Water
15. Foundation or Footing Drains (not including active groundwater dewatering systems)
16. Other Water. Source Discharge Not Containing Pollutants
17. Discharges or E1ows from Fire Fighting Activities Only Need to be Addressed Where They
Are Identified as Significant Sources of Pollutants
Flood: Temporary rise in the level of any water body, watercourse or wetland which results in the
inundation of areas not ordinarily covered by water.
Hazardous Materials: Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical or infectious characteristics may cause,
or significantly contribute to, a substantial present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
Illicit Connection: Any unlawful connection, which allows the discharge of non-stormwater to the
Stormwater conveyance system or waters of the State in violation of this Ordinance, regardless of
whether said conveyance system or connection had been previously allowed, permitted, or approved
by the Town of Oak Island or, including whether any conveyance system or connection to the storm
water drain system which has not been documented in plans, maps, or equivalent records and
approved by the Town of Oak Island for a private, residential, commercial, industrial or public land
use.
Illegal Discharge: Any unlawful direct or indirect non -storm water discharge, disposal, placement,
emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any
substance other than storm water into the Municipal Separate Storm Sewer System (MS4), that is not
composed entirely of storm water and, except discharges pursuant to a current NPDES Permit,
discharges resulting from fire fighting activities, and excluded discharge categories, such that the
substance is likely to reach a storm water conveyance or the waters of the State. These Illicit Storm
Water Discharges may include earth, fluid, solid, gas, or other substances, other than storm water,
provided that non -storm water discharges associated with an Excluded Storm Water System
Discharge Category may significantly impact water quality.
Industrial Acdvity- Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.23 (b) (14).
MS4: Municipal Separate Storm Sewer System.
Municipal Separate Storm Sewer System (MS4): A separate conveyance system, constructed, or
present, to convey storm water drainage, separately from other wastes systems such as sewer
systems, through the use of ditches, swales, pipes, culverts, over -land drainage, surface and
subsurface flows.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit:
A permit issued by EPA (or a State under authority delegated pursuant to 33 U.S.C. & 1342(b)) that
authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area -wide basis.
Natural Systems: Those communities of plants, animals, bacteria and other flora and fauna that
occur indigenously on the land, in the soil or in the water.
Non -Storm Water Discharge: Any discharge to the storm water drain system that is not
composed entirely of storm water.
Appendix B - 6

TOWN Of OAK ISLAND
STORMWATER PROGRAM
NPDES Phase 11 Regulations: Federal Register Part II 4a CFR farts 9,122,123 and 124 the
"National Pollutant Discharge System — Regulations for Revision of the Water Pollution Control
Program Addressing Storm Water Discharge".
Person: Person means any and all persons, includes any individual, firm, corporation, government
agency, business trust, estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal entity.
Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not
limited to paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Receiving Bodies of Water: Water bodies, watercourses or wetlands into which surface waters
flow either naturally, in manmade ditches, or in a closed conduit system.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation and resulting from such precipitation, regardless of amount of precipitation or
time of precipitation event.
Storm Water Drainage System: Facilities by which storm water is collected and/or conveyed,
including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped
storm drains, pumping facilities, retention and detention basins, natural and man-made or altered
drainage channels, reservoirs, and other drainage structures.
Storm Water Pollution Prevention Plan: A document which describes the Best Management
Practices and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water,
storm water conveyance systems, and/or receiving waters to the Maximum Extent Practicable.
Wastewater: Means any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert,
drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite
direction, either continuously or intermittently, and which has a definite channel, bed or banks.
Water Body: Natural or artificial pond, lake, reservoir or other area which ordinarily or
intermittently contains water and which has a discernable shoreline.
Waters or Community of Waters: Water on or beneath the surface of the ground including
watercourses, water body, or drainage system, including diffused surface waxer and water
percolating, standing, or flowing beneath the surface of the ground, as well as coastal waters.
Waters of the State: Surface waters within or flowing through the boundaries of the State including
any intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay,
reservoir, wetland, or any other surface water or any portion thereof that is mapped as solid or
dashed blue lines on United States Department of the Interior Geological Survey 7.5 minute series
topographic maps. Treatment systems, consisting of man-made bodies of water, which were not
originally created in waters of the State and which are not the result of impoundment of waters of
the State, arc not waters of the State.
Wetlands: Means those areas where
1. The soil is ordinarily saturated with water, or
Appendix B - 7

TOWN OF OAK ISLAND
STORMWATER PROGRAM
2. The dominant plant community is one or more of those species designated by the U.S. Army
Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or
3. The presence of one or more of those plant species designated by the North Carolina Division
of Coastal Management as identifying coastal wetlands or the transitional zone of coastal
wetlands.
FINDINGS OF FACTS
The 'Town Council of the Town of Oak Island finds that the discharge of non -storm water drainage
to waters of the state and to the municipal storm drainage system could have significant adverse
impact upon health, safety, and welfare of the community. More specifically:
1. Illicit Storm Water Discharges carry pollutants into receiving water bodies, degrading water
quality and effect in closures of shell fishing waters.
2. A nutrient such as phosphorus or nitrogen accelerates eutrophication of receiving waters,
adversely affecting flora and fauna.
3. Improper connection to the storm drain system and to waters of the State adversely impacts
quality of receiving waters.
4. Septic tank discharges from non -compliant systems, washing machine discharges, and illegal
dumping into the storm water drains are examples of illicit discharges.
5. The 'Town of Oak Island must. have the authority to deter and/or stop illicit discharges to
storm water drains and ditches.
6. Substantial economic losses result from these adverse impacts on community waters.
7. Illicit discharges to water bodies diminish their capacity to naturally process runoff nutrients,
thereby harming flora and fauna.
8. Increase of illicit discharge to waters can percolate into the soil, thereby decreasing
groundwater quality.
9. Improperly managed storm water systems can decrease the quality of property and human
life.
10. Improperly managed storm water drainage systems can interfere with the maintenance of
optimum estuarine areas and biological productivity.
11. Many future problems can be avoided if land is developed in accordance with an Illicit
Storm Water Discharge Ordinance.
OBJECTIVES
The purpose of this ordinance is to provide for the health, safety, and general welfare of the people
of the Town of Oak Island through the regulation of non -storm water discharges to the storm
drainage system to the maximum extent practicable as required by federal and state law. This
ordinance establishes methods for controlling the introduction of pollutants into the Municipal
Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) permit process.
In order to protect, maintain, and enhance both the immediate and the long-term health, safety and
general welfare of the Town of Oak Island, This ordinance has the following objectives:
1. To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System
(MS4) by storm water discharges by any user.
2. To prohibit illicit, connections and discharges to the Municipal Separate Storm Sewer System
(MS4).
3. To establish legal authority to carry out all inspections, surveillances, and monitoring
procedures necessary to ensure compliance with this ordinance.
4. To encourage productive and enjoyable harmony between humanity and nature.
5. To protect and maintain the chemical, physical, and biological integrity of any and all waters.
Appendix B - 8

TOWN OF OAK ISLAND
STORMWATER PROGRAM
G. To prevent individuals and organizations from causing harm to the community by activities
which adversely affect water resources.
7. To encourage the maintenance and construction of drainage systems which aesthetically and
functionally approximate natural systems.
8. To encourage Town occupants to be aware of potential sources of illicit discharges, so they
can better manage their actions in the environment.
9. To protect natural systems and their uses in ways that do not impair their beneficial
functioning.
10. To increase and maintain the quality of groundwater sources.
11. To protect and maintain estuarine areas.
12. To prevent damage to Waters, including wetlands and groundwater systems.
13. To protect and maintain fish and wildlife habitats.
14. To ensure the attainment of these objectives by requiring the approval and implementation of
the Illicit Storm Water Discharge Ordinance.
APPLICABILITY
This Ordinance shall apply to all water entering the storm drain system generated on any developed
and undeveloped lands unless explicitly exempted by the Town of Oak Island, as an Excluded
Discharge Category.
Storm Water Discharge, occurring after the effective date of this ordinance within the Town of Oak
Island, must comply with the Illicit Storm Water Discharge Ordinance. All persons must take
appropriate actions and measures, as defined by this Illicit Storm Water Discharge Ordinance, and
all other ,town of Oak Island Ordinances, regulations and laws, to stop all illicit storm water
discharges that may occur on their property and, if necessary, ensure appropriate corrective
measures are taken on any existing known, noted or observed non -compliant items including:
discharges, connections, activities, or actions.
All person shall address present non -complying illicit storm water discharges including the following
possible occurrences:
Connections to a storm water conveyance or storm water conveyance system, which allows
the discharge of non -storm water, other than Excluded Discharge Category, are unlawful.
Prohibited discharges include, but are not limited to:
a. Floor drains
b. Waste water from washing machines
C. Waste water from sanitary sewers
d. Wash water from commercial vehicle washing or steam cleaning
e. Connection of drainage leaders from structures
£ Failed or failing wastewater disposal fields
g. Illicit discharge resulting from household pet waste
h. Illicit discharge resulting from lawn care products including excessive fertilizers,
fawn/landscape chemical treatments
i. Disposal of household hazardous pollutants
j. Abandoned water well,
2. Where such connections exist and said connections were made prior to the adoption of this
provision or any other ordinance prohibiting such connections, the property owner or the
person using said connection shall remove the connection within one (1) year following
application of this regulation.
3. The one (1) year grace period shall not apply to connections which may result in the
discharge of hazardous materials or other discharges which pose any immediate threat to
health and safety; are likely to result in immediate injury and harm to real or personal
Appendix B - 9

TOWN OF OAK ISLAND
STORMWATER PROGRAM
property, natural resources, wildlife, or habitat; or were made in violation of any applicable
regulation or ordinance.
4. The Town of Oak Island shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the 'Town of Oak Island shall take into
consideration:
a. The quantity and complexity of the work,
b. The consequences of delay,
c. The potential harm to the environment, to the public health, and to public and
private property, and
d. The cost of remedying the damage.
5. Unless exempted pursuant to subsection (6) or granted a variance pursuant to subsection (6),
a corrective plan must be submitted and corrected action to remedy an identified Illicit
Storm Water Discharge taken before:
a. A plat is recorded or land is subdivided; or
b. An existing drainage system is altered, rerouted, or deepened; or.
c. A new building permit is issued.
6. Exemptions: The following development activities are exempt from the Illicit Storm Water
Discharge Ordinance Plan requirement.
a. Agricultural activity not involving the artificial drainage of land
b. Variances: The Town of Oak island may grant a written variance from any
requirement of this ordinance using the following criteria:
i. There are special circumstances applicable to the subject property of its
intended use; and
U. The granting of the variance will not
1) Significantly increase or decrease the rate of illicit storm water
discharge, or pollutants
2) Have a significant adverse impact on an area "404 wetland",
watercourse or water body.
3) Significantly contribute to the degradation of water quality.
4) Otherwise significantly impair attainment of the objectives of this
ordinance.
RESPONSIBILITY FOR ADMINISTRATION
The Town of Oak Island shall administer, implement, and enforce the provisions of this ordinance.
Any powers granted or duties imposed upon the Town of Oak Island may be delegated in writing to
persons or entities acting in the beneficial interest of the Town of Oak Island.
ULTIMATE RESPONSIBILITY
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards;
therefore this ordinance does not intend nor imply that compliance by any person will ensure that
there will be no contamination, pollution, nor unauthorized discharge of pollutants.
WATERCOURSE PROTECTION
Every person owning property through which a watercourse passes, or such person's lessee, shall
keep and maintain that part of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of
water through the watercourse. In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such structures will not become a
hazard to the use, function, or physical integrity of the watercourse.
Appendix B - 10

TOWN OF OAK ISLAND
STORMWATER PROGRAM
REQUIREMENTS TO PREVENT, CONTROL AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The Town of Oak Island will adopt requirements identifying Best Management Practices for any
activity, operation, or property that may cause or contribute to pollution or contamination of storm
water, the storm water drain system, or waters of the United States. The owner or operator of a
commercial or industrial establishment shall provide, at their own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the storm water drain system
or watercourses through the use of these structural and non-structural BMPs. Further, any person
responsible for a property or premise which is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the storm water drain system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated
with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions
of this Section. These BNIPs shall be part of a Storm Water Management Plan as necessary for
compliance with requirements of the NPDES permit.
PERMITTED DISCHARGE ACTIVITY
Any person subject to an NPDES storm water discharge permit (including construction activity,
Land Disturbance Permit, Industrial NPDES Permit or other NPDES Permit) shall comply with all
provisions of such permit. Proof of compliance with said permit may be required in a form
acceptable to the Town of Oak Island prior to the allowing of discharges to the storm water drain
system.
DISCHARGE PROHIBITIONS
PROHIBITION OF ILLEGAL DISCHARGE
No person shall discharge or cause to be discharged into the storm water drain system or
watercourses any materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards, other than
storm water.
The commencement, conduct or continuance of any illegal discharge to the storm water drain
system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this
Ordinance.
a. Rising ground water,
b. Uncontaminated pumped ground water,
c. Foundation or footing drains (not including active groundwater dewatering systems),
d. Crawl space pumps,
e. Other water source not containing pollutants.
2. Discharges specified in writing by the Town of Oak Island as being necessary to protect
public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the Town of Oak
Island prior to the time of the test.
4. The prohibition shall not apply to any non -storm water discharge permitted under an
NPDES permit, waiver, or waste discharge order issued to the persons and administered
under the compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted for any
discharge to the storm water drain system.
PROHIBITION OF ILLICIT CONNECTIONS
The construction, use, maintenance or continued existence of illicit connections to the storm water
drain system is prohibited.
Appendix B - 11

TOWN OF OAK ISLAND
STORMWATER PROGRAM
This prohibition expressly includes, without limitation, connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
A person is considered to be in violation of this Ordinance if the person conveys non -storm water
to the storm water drain system, or allows such a connection to continue.
MONITORING OF DISCHARGE
This Section applies to all properties that have storm water discharges.
ACCESS TO PROPERTIES
1. The 'Town of Oak Island shall be permitted to enter and inspect property subject to
regulation under this Ordinance as often as may be necessary to determine compliance with
this Ordinance. If a discharger has security measures in force, which require proper
identification and clearance before entry onto property, the discharger shall make the
necessary arrangements to allow access to representatives of the Town of Oak Island.
2. Existing NPDES permit operators shall allow the Town of Oak Island ready access to all
parts of the premises for the purposes of inspection, sampling, examination and copying of
records that must be kept under the conditions of an NPDES permit to discharge storm
water, and the performance of any additional duties as defined by state and federal law.
3. The Town of Oak Island shall have the right to establish on any permitted property such
devices as are necessary in the opinion of the Town of Oak Island to conduct monitoring
and/or sampling of the storm water discharge from the property. Sampling may include
turbidity, coiiform, nutrients, Suspended Solids. Other testing devices of existing systems
may include video recording, dye testing, etc.
4. he Town of Oak Island has the right to require NPDES permittees discharging storm
water to install monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the
discharger at their expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the property to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral
request of the Town of Oak Island and shall not be replaced. The cost of clearing such
access shall be borne by the person.
G. Unreasonable delays in allowing the 'Town of Oak Island access to a permitted property is a
violation of a storm water discharge permit and of this Ordinance. A person who is the
operator of a property with an NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the Town of Oak Island
reasonable access to the permitted facility for the purpose of conducting any activity
authorized or required by this Ordinance.
7. If the Town of Oak Island has been refused access to any part of the premises from which
storm water is discharged, and is able to demonstrate probable cause to believe that there
may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program designed to verify compliance with this
Ordinance or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the Town of Oak Island may seek issuance of a search
warrant from any court of competent jurisdiction.
SUSPENSION OF STORM WATER DRAIN ACCESS
SUSPENSION DUE TO ILLICIT DISCHARGE IN EMERGENCY SITUATIONS
The 'Town of Oak Island may, without prior notice, suspend storm water drain discharge access to a
person or business when such suspension is necessary to stop an actual or threatened discharge
Appendix 6 - 12

TOWN OF OAK ISLAND
STORMWATER PROGRAM
which presents or may present imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the storm water drain system or waters of the United States. If the
violator fails to comply with a suspension order issued in an emergency, the Town of Oak Island
may take such steps as deemed necessary to prevent or minimize damage to the storm water drain
system or waters of the United States, or to minimize danger to persons.
SUSPENSION DUE TO THE DETECTION OF ILLICIT DISCHARGE
Any person discharging to the storm water drain system in violation of this Ordinance may have
their storm water drain access terminated if such termination would abate or reduce an illicit
discharge. The Town of Oak Island will notify a violator of the proposed termination of its storm
water drain access. The violator may petition the Town of Oak Island for a reconsideration and
hearing.
A person commits an offense if the person reinstates storm water drain access to premises
terminated pursuant to this Section, without the prior approval of the Town of Oak Island.
NOTIFICATION OF SPILLS
Not withstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation, has information of any
known or suspected release of materials which are resulting or may result in illegal discharges or
pollutants discharging into storm water, the storm water drain system, or waters of the United States
said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall immediately notify
emergency response agencies, Town Police, Fire Rescue, and Town Offices, of the occurrence via
emergency dispatch services. In the event of a release of non -hazardous materials, said person shall
notify the 'Town of Oak Island in person or by phone or facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed
to the 'Town of Oak Island within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on -site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
ENFORCEMENT
NUISANCE
Any activity that is commenced without acceptance of the Illicit Storm Water Discharge Ordinance,
or is conducted contrary to an approved plan as required by this Ordinance, shall be deemed a
public nuisance and may be restrained by injunction or otherwise abated in a manner provided by
law.
VIOLATION NOTIFICATION
When the Town of Oak Island determines that an activity is not being carried out in accordance
with the requirements of this Ordinance, the Town of Oak Island will issue a written notice of
violation, to the owner of the property. The notice of violation shall contain:
1. The name and address of the owner or applicant;
2. The Street address when available or a description of the building, structure, or land upon
which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial actions necessary to bring the development activity into
compliance with this Ordinance and a time schedule for completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed;
G. The notice of violation shall be served upon the person(s) to whom it is directed either
personally, in the manner provided for personal service of notices by the court of local
Appendix B - 13

TOWN OF OAK ISLAND
STORMWATER PROGRAM
jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid,
return receipt requested to such person at person's last known address.
CIVIL AND CRIMINAL PENALTIES
In addition to or as an alternative to any penalty provided herein or by law, any person who violates
the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Dollars
($100) nor more than One 'Thousand Dollars ($1,000) or by imprisonment in the county jail for a
period not to exceed sixty (60) days, or by both such fine and imprisonment. Such person shall be
guilty of a separate offense for each day during which the violation occurs or continues.
COSTS FOR RESTORATION, CORRECTIVE ACTION, ABATEMENT, AND MONITORING
Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a
deadline within which such remediation or restoration must be completed. In the event that
restoration is not undertaken within a reasonable time after notice, the Town of Oak Island may
take necessary corrective action, the cost of which shall become a lien upon the property until paid.
Costs to the property owner may include:
1. The performance of monitoring, analysis, and reporting,
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
5. Payment of costs for Town of Oak Island administrative and remediation costs;
6. Town of Oak Island's cost if they implement source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the said notice shall
further advise that, should the violator fail to remediate or restore within the established deadline,
the Town of Oak Island or a contractor will do the work and the expense thereof shall be charged to
the violator.
APPEAL OF NOTICE OF VIOLATION
A notice of violation issued pursuant to this section constitutes a determination from which
administrative appeal may be taken to the Town Council. A statement will be issued that the Town's
determination of violation may be appealed to the Town Council by filing a written notice of appeal
within fifteen (15) days of service of notice of violation. The decision of the Town of Oak Island or
designee shall be final.
ENFORCEMENT MEASURES AFTER APPEAL
If the violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, or, in the event of an appeal within fifteen (15) days of the decision of the Town of Oak
Island upholding the violation, representatives of the Town of Oak Island may enter upon the
subject property to take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, or agent in possession of any premises to refuse
to allow the Town of Oak Island or their designated contractor to enter upon the premises for the
purposes set forth above.
INJUNCTIVE RELIEF
It shall be unlawful for any person to violate any provisions or fail to comply with any of the
requirements of this Ordinance_ If a person has violated or continues to violate the provisions of
this Ordinance, the Town of Oak Island may petition for a preliminary or permanent injunction
restraining the person from activities which would create further violations or compelling the person
to perform abatement or remediation of the violation.
Appendix B - 14

TOWN OF OAK ISLAND
STORMWATER PROGRAM
ALTERNATIVE COMPENSATORY ACTION
In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the 'Town
of Oak Island may impose alternative compensatory action upon a violator. Alternative
compensatory action will be established in equitable measures and may include items such as:
1. Community Service
2. Attendance at Compliance Workshops
3. Beach Cleanup
4. Public Education Efforts
VIOLATIONS DEEMED A PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
CRIMINAL PROSECUTION
Any person that has violated or continues to violate this Ordinance shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty cost, per each
day of violation, and/or imprisonment for a period of time not to exceed statutory limits.
The Town of Oak Island may recover all attorney's fees, court costs, and other expenses associated
with enforcement of this Ordinance, including sampling and monitoring expenses.
REMEDIES NOT EXCLUSIVE
The remedies listed in this Ordinance are not exclusive of any other remedies available under any
applicable federal, state, or local law and it is within the discretion of the Town of Oak Island to
seek cumulative remedies.
SEVERABILITY
Each separate provision of this Ordinance is deemed independent of all other provisions herein so
that if any provision or provisions of this Ordinance were declared invalid, all other provisions
thereof shall remain valid and enforceable.
ADOPTION OF ORDINANCE
This Ordinance shall be in full force and effect days after its final passage and
adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
PASSED AND ADOPTED this
by the following vote:
day of
Appendix B - 15
20

TOWN OF OAK ISLAND
STORMWATER PROGRAM
SECTION 20.0: VIOLATIONS DEEMED A PUBUC NUISANCE
In addition to the enforcement process*-s and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Ordinance
is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, may be summarily abated or restored at the violator's expense, and/or
a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
SECTION 21.0: CRIMINAL PROSECUTION
Any person that has violated or continues to violate this Ordinance shall be liable
to criminal prosecution to the fullest extent of the law, and shall be subject to a
criminal penalty cost, per each day of violation, and/or imprisonment for a period
of time not to exceed statutory limits.
The Town of Oak Island may recover ail attorney's fees, court costs, and other
expenses associated with enforcement of this Ordinance, including sampling and
monitoring expenses.
SECTION 22.0. REMEDIES NOT EXCLUSIVE
The remedies listed in this Ordinance are not exclusive of any other remedies
available under any applicable federal, state, or local law and it is within the
discretion of the Town of Oak Island to seek cumulative remedies.
SECTION 23.0: SEVERABIUTY
Each separate provision of this Ordinance is deemed independent of all other
provisions herein so that if any provision or provisions of this Ordinance were
declared invalid, all other provisions thereof shall remain valid and enforceable.
SECTION 24.0: ADOPTION OF ORDINANCE
This Ordinance shall be in full force and effect days after its
final passage and adoption. All prior ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
PASSED AND ADOPTED this 1 11, day of
1­1 -1 L,'. I _, 20Q.1 . by the following vote:
ArT'CSTED: j (I.(;, l i ,� .� f.
r'atricin H. 8runc4. CMC
I own CieA
HORACE COLLIER
MAYOR `i U�11('a0� ,+.
(SEA4}C?�2
�,: CiIARIt Rat) t D "
1994
AA , , 17
Appendix B - 16