HomeMy WebLinkAboutNCS000455_OTHER_20060217STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
CS o�v
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT.
❑ APLICATION
❑ COMPLIANCE `
I� OTHER
DOC DATE
❑ p�.CXS Cv CSo� I
YYYYMMDD
. o�0� w A r&RQc'
Michael 1'. I aslcy, GoVelnhl
William G. Koss Ji., S(mcC4y
North Carolina Department of Environmenl asul Nntur.7 S2csource->
STAF REVIEW AND EVALUATION
NI'DES Stormwater Permit
Alan W. Klimek, 1'. H Ditectoi
Div'ssiou of Watet Quaiily
Cotten 11, Sullies, t)cputp NICCiU1
[Nvision of Water Quaf[N
Facilitv Name:
Town of Oak Island
NPDES Permit Number:
NCS000455
Facility Location:
`['own of Oak Island
"1 ype of Activity:
Municipal Separate Storm Sewer System
Receiving Stream:
Davis Canal, Davis Creek. Intercoastal Waterway, Montgomery Slough,
Eastern Channel, Denis Creek, Elizabeth River, Atlantic Ocean, and
Dutchman Creek Outlet Channel, within the Lumber and Cape Fear
River Basin
River Basin:
Cape hero' and Lumber River Basin
Stream Classification:
SA, EIQW
Proposed Permit Requir'emcnls:
lice attached draft permit
Compliance Schedule:
See Part V, Section A of the attached draft permit
Basis for Monitoring:
Not applicable
Basis for Other Requirements:
Not applicable
Response Requested by (Date):
April 13, 2006
DOCUMENTS REVIEWED
NPI)ES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information dated June 10, 2003 is sufficient to
issue an Individual Stormwater Permit.
Prepared by (Signature) Date 7
Stormwater and General Permits Supervisor Date
>3b'l0� �-+ .:��i,n !�/: �7.1�1
Concurrence by Regional Of1ic /' f� Date
Water Quality Supervisor
Date
N. C. Division of Wald Quality 1617 Mail Sctvica Center ]Zalcigh, North Carolina 27699-1617 (919) 733-5093
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WC:DE Nit
(:uslo¢ncr Scsvicc
I-k77-b23.67•38
1N A 7-4 Michael F. Easley, Governor
9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
February 17, 2006
Scott Ourts
Storm Water/ Safety Manager
Town of Oak Island
4601 East Oak Island Drive
Oak Island, NC 28465
Subject: NPDES Permit Number NCS000455
Dear Mr. Outzs:
Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the
Town of Oak Island.
In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed
regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density
impervious surface limits, directed DWQ staff to withhold issuance of individual Phase lI permits for
communities within the Coastal Counties until such time that a review of the effectiveness of the proposed
post -construction stormwater control measures in the draft Phase II Permits and the existing State Coastal
Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase 11
Permits for the coastal communities.
Specifically for the coastal communities, we are purposing development activities Iocated with the
permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first
one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water
dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface
waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be
required to comply with these specific requirements. Purposed structural stormwater controls include the
following criteria:
(1) Remove an 85% average annual amount of Total Suspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no
slower than 120 hours.
(3) Discharge the storage volume at a rate equal or less than the prd-development discharge rate
for the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H A 008(c).
We believe that this draft permit will provide your community with the flexibility vital for your
community, while at the same time safeguarding and protecting our natural environment for future
generations of North Carolinians.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
A
{VCDENR
Customer Service
1-877-623-6748
We look forward to receiving your comments on this draft permit and continuing to work together
for the benefit of your community and North Carolina. Please provide your comments by Thursday, April
13, 2006. You will also have an opportunity to submit comments during the public comment period. If
you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or
on my cell phone at 919-389-7801.
Sincerely,
Micheal F. Randall
Environmental Engineer
Stormwater and General Permits Unit
cc: Stormwater and General Permits Unit
Wilmington Regional Office
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
Management Commission, and the Federal Water Pollution Conti
Town of Oak
is hereby authorized to discharge stormwater from
within the
7 Carolina Environmental
as amended,
separate storm sewer system located:
onal Area
:tr
to receiving waters, Davis Canal, Davis Creek, Intercoastal Waterway, Montgomery Slough, Eastern
Channel, Denis Creek, Elizabeth River, Atlantic O ean, and Dutchman Creek Outlet Channel, within the
Lumber and Cape Fear River Basin in. -accordance with the discharge limitations, monitoring
rl-x1l. _•r
requirements, and other conditions set,f5rt�h in Parts I, 11, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, 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 II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPXTION.�-.,
SECTION D: ILLICIT DISCHARGE DETECTION AND'ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS..
SECTION F: POST -CONSTRUCTION SITE RUNOFF, CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD' HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
PART III PROGRAM ASSESSMENT.
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CON15MO�NS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS.
PART VIII DEFINITIONS
0
PERMIT 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, Davis Canal, Davis Creek, lntercoastal Waterway,
Montgomery Slough, Eastern Channel, Denis Creek, Elizabeth River, Atlantic Ocean, and
Dutchman Creek Outlet Channel, within the Lumber and Cape Fear River Basin. Such discharge
will be controlled, limited and monitored in accordance with the permittee's Comprehensive
Stormwater Management Program Report, herein referred to as the Stormwater Plan. The
Stormwater Plan includes components of the permittee's Phase Ii Municipal NPDES Stormwater
JW V tplk &
Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed>in`accordance with the terms and
:�k vhie,
conditions of this permit. Any other point source discharge to surface waters of the state is
prohibited unless it is an allowable non-stormwater dischar r is covered by another permit,
authorization, or approval.
3. This permit does not relieve the perrmitteeAfrom responsibility for compliance with any other
applicable federal, state, or local law;�rule'standard, ordinance, order, judgment, or decree.
4. This permit covers activities associatedNOihNhe discharge of stormwater from the M.S4 within
the jurisdictional area of the peh-nittee as described in the approved local Stormwater Plan to
control potential pollution from the MS4. The permit applies to current and future jurisdictional
areas of the permittee, as well -areas that seek coverage under this permit 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 permittce may petition the
Division to revolve or deny coverage under this permit for specific entities.
Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-
163 and in accordance with the approved Stormwater Plan, all provisions contained and
referenced in the Stormwater Plan are enforceable parts of this permit.. The permittee will
develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of
the Clean Water Act, provisions outlined by the Director, and the provisions of this permit.
7. 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 Stormwater 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 permittee if
such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated with
industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact water
quality and may include:
x.
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwatter,
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (A erciaUresidentia1);
• irrigation waters (d(estnoo includ"%`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.
1
Part I Page 2 of 2
PERMIT NO. NCS000455
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce
pollutants discharged from the MS4. This includes, but is not limited to, the following areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisionsiof the Stormwater Plan. The
permittee will keep the Division advised of the status of developm nt of appropriate ordinances
xxx�;us . a
and legal authorities and will pursue these authorities in accordance:with the schedule outlined in
the Stormwater Plan. 571
2. The permittee's Stormwater Plan will be implei
pollutants from the MS4 is reduced to the maxi:
order to meet this provision, implementation of
given to priority areas and to management mea:
efficient at varying stages of the plan's implemc
3. The permittee will implement the
maximum extent practicable, illic
iged such that the discharge of
ficable. It is anticipated that in
Plan will occur with emphasis
ns that are most effective and
the Stormwater Plan to prohibit, to the
;pills and illegal dumping into the MS4.
4. The permittee will implementsprovision�of the Stormwater Plan as appropriate to monitor and
assess the performance of thet0arious management measures that are a part of the Stormwater
t.-,si? .�A+
Plan. This will include the pro ons of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stormwater discharge permit and the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff as
described in the Stormwater 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.
9. The permittee will evaluate municipal operations and develop and implement an appropriate
program for municipal activities and ongoing operation and maintenance of municipal facilities
to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Page 1 of 10
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
(d) Inform the public on steps they can take to reduce'or
Z. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the_objec
Outreach Program and shall notify the Division prior to modifi ation
z Pft
er pollution.
stormwater pollution.
of the Public Education and
y goals.
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(a) Establish a Public
DevelopQa';p4bli64�gkacation program and
X
X
X
X
X
Education and Outreach
1.1
implement�within 1-2inonths of the permit
Program
issue date.o icorporate outreach elements for
significant minontpand disadvantaged
communities.
(b) Develop Educational
Develop'anfinfrastructure resource to support
X
X
Resources and web site.
the public education and outreach program.
Develop and maintain internet web site. Post
newsletter articles on stormwater, information
on water quality, stormwater projects and
activities, and ways to contact stormwater
management program staff.
(c) Distribute Owner's and
Produce and distribute Owner's and Renter's
X
X
Renter's Manual
Manual.
(d) Classroom Education
Develop educational program for
X
presentations at area schools.
(e) Commercial Outreach -
Develop and distribute flyer that summarizes
X
discharge prohibitions for businesses.
(f) Distribute flyer
Develop and distribute flyers highlights of
X
describing highlights of
illicit discharge ordinance.
illicit discharge ordinance
Page 2 of 10
PERMIT NO, NCS000455
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups, to
participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
Z. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet tho bjecfives,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 Pulilic'Involvement
X
X
X
X
X
Involvement Program
and Participation Program.
s�.
(b) Allow the public an
Conductfai`lleast orie'publi`c'meeting to allow
X
opportunity to revicw and
the public an opporti�nity to review and
comment on the
comment onAlhe.,Storrnwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
community involvement
stormwater related program designed to
program
promo e.ongoing citizen participation.
(d) Stormwater Advisory
Develop a citizens' Advisory Borad for input
X
X
X
X
X
Board
on stormwater issues and the stormwater
program.
(e) Advisory Board Review
Town council to include program to Advisory
X
Board.
Page 3 of 10
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.
(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!;l
(d) ' Develop a storm sewer system map showing all outfallsa d waters receiving discharges.
(e) Inform employees, businesses, and the general p�u�li�c of Mards associated with illegal
discharges and improper disposal of waste.
2. BMPs for Illicit Discharge' Detection and Elimi
The permittee shall implement the following BMPs to meyet�'tle� obj ectives of the Illicit Discharge
fy t Detection and Elimination Program and shall notihe!Division prior to modification of any goals.
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(a) Develop/Implement Illicit
Develop and:itnplemeiif an Illicit Discharge
X
X
X
X
X
Discharge Detection and
T .
Detection and Elimination Program. Include
Elimination Program
provisions for ogram assessment and
evaluation.
(b) Establish and maintain
Establi h adequate legal authorities to
X
appropriate legal
prohibit illicit discharges and enforce the
authorities
approved Illicit Discharge Detection and
Elimination Pro am.
(c) Prepare a Storm Sewer
Develop and maintain a GIS-based inventory
X
X
X
X
X
System Map
of the town's stormwater conveyance and
discharge system. Using the GIS, develop
and maintain a series of map layouts that
show the ditches, pipes, drop inlets, and
discharge points.
(d) Identification of Illicit
Implement an inspection program to detect dry
X
X
Discharge Sources
weather flows at system outfalls. Establish
procedures for tracing the sources of illicit
discharges and for removing the sources.'
Develop procedures for identification of
priority areas likely to have illicit discharges.
Continue to identify, locate, and update map
of drainage system components on a priority
basis pera roved Illicit Discharge Program.
(e) Employee training
Train public works and code enforcement
X
X
employees in how to recognize and report
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.
Page 4 of 10
PERMIT NO. NCS000455
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(g) Hotline
Establish and publicize a reporting
X
X
X
X
mechanism for the public to report illicit
discharges. Create and maintain a separate
telephone line for the public to call in reports
of illicit discharges.
Page 5 of 10
PERMIT NO. NCS000455
SECTION E; CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stortnwater 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.
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(c) Establish requirements for construction site operators to controllwwaste. such as discarded
building materials, concrete truck washout, chemicaler, and littsanitary waste at the
construction site that may cause adverse impact§jto water quality.
2. BMPs for Construction Site Runoff Controls
The permittee relies on the NCDENR Division of Lan Rcss6 urges (DLR) Erosion and Sediment Control
Program to comply with this minimum measure. A.
The NCDENR Division of Land Resources Er'osionsan� ediment Control Program effective meets the
requirements of the Construction Site Runoff:Controls(tiy permitting and controlling development
activities disturbing one or more acres oPland 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�Ti�tle 15AYof the North Carolina Administrative Code. This
program includes procedures for publid i ipuifsanctions 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.
NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000),
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.
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.
The permittee may pursue local government implementation of the Erosion and Sediment Control
Program by requesting a "minor modification" to the permit.
Page 6 of 10
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.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quali
2. BMPs for Post -Construction Site Runoff Controls
The permittec shall implement the following BMPs to meei th_e-o}ijectives of the Post -Construction
Stormwater Management Program.
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(a) Establish a Post-
Develop�arnd=adopt by ordinance (or similar
X
X
X
X
X
Construction Stormwater
regulatory mechanism) a program to address
Management Program
stormwater runoffyfrom new development and
rcdevelopmentf Implement and enforce the
ro fain with n 24 months of the permit issue
date. The ordinance must be reviewed and
approved by the Director prior to
implementation. Ensure that controls are in
place to prevent or minimize water quality
impacts.
(b) Establish strategies which
Develop strategies that include a combination
X
X
X
X
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.
(e) Establish a program to
Control the sources of fecal coliform to the
X
X
X
X
X
control the sources of
maximum extent practicable. Develop an
fecal conform to the
oversight program to ensure proper operation
maximum extent
and maintenance of on -site wastewater
practicable
treatment systems for domestic wastewater.
Implement them within 24 months of the
permit issue date. Municipalities must
coordinate this program with the county health
department.
Page 7 of 10
PERMIT NO. NCS000455
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(d) Develop a Post-
Develop a manual on innovative Structural and
X
construction BMP
non-structural BMPs.
manual
(e) Developer Outreach
Develop and implement a program for
X
developers on Stormwater Management and
BMPs
3. Post -Construction Site Runoff Controls.
(a) All development activities located with the pe
square feet or more of land shall control the r
rainfall to the level specified in Paragraph (b)
surfaces, except for roads, paths, and water d+
30 feet landward of all perennial and intemnit
activities that meet the provisions of 15A.4NC
comply with the requirements of this P,aragral
(b) Structural stormwater controls
criteria: Rx
urisd_ictionfthat disturb 5,000
. tiiVirst one and one half inch of
e, h ddition, all impervious
tructures, shall be located at least
e waters. Redevelopment
02(14) shall not be required to
phs (a) shall meet the following
(1) Remove an 85°/a average�arinual amount of Total Suspended Solids.
TV
(2) For wet detentIn ponds raw down the treatment volume no faster than 48
hours, but nolower than 120 hours.
(3) Discharge the storagevolume at a rate equal or less than the pre -development
discharge ratefor'the 1-year, 24-hour storm.
(4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H
.1008(c).
(c) For the purposes of this permit, 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 shall be allowed
when surface waters are not present in accordance with the provisions of 15A NCAC 2B
.0233 (3)(a).
(f) The permittee shall require recorded deed restrictions and protective covenants that
ensure development activities will maintain the project consistent with approved plans.
(g) The permittee shall require an operation and maintenance plan that ensures the operation
of the structural stormwater control measures required by the program. The operation
and maintenance plan shall require the owner of each structural control to submit a
maintenance inspection report on each structural stormwater control measure annually to
the local program.
Page 8 of 10
PERMIT NO. NCS000455
(h) In addition to the other measures required in this rule, all development activities located
within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining
to Shellfishing (SA) waters shall:
(1) Use stormwater control measures that result in fecal coliform die off and that
control to the maximum extent practicable sources of fecal coliform while
incorporating the requirements specified in Paragraph (b) of this Rule.
(2) Prohibit new points of stormwater discharge to. SA waters or expansion (increase
in the volume of stormwater flow through conveyances or increase in capacity of
conveyances) of existing stormwater conveyance systems that drain to SA
waters. Any modification or redesign ofra stormwater conveyance system within
the contributing drainage basin must not,inc er ase tlie.ne amount or rate of
V;�-3
stormwater discharge through existing outfalls to SA waters. Diffuse flow of
stormwater at a non -erosive velocity to,a. vegetated buffer or other natural area
=� :�v-
capable of providing effective infiltration+oaf the runoff from the 1-year, 24-hour
storm shall not be considered a direct pointbistormwater discharge.
Consideration shall be giventsotyp� pe, vegetation, and existing
hydrology when evaluating infiltrattan;effectiveness.
Page 9 of 10
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 obJect:i�ves of the Pollution Prevention
and Good Housekeeping Program and shall notify the Division prior amodification of any goals.
�16"r - " a
BMP�,
ra,� $' 1Vleasuratile Goals�Yt
r sy a
r
}�1'R"•
''
YYR
''
�yR,
YR
...� ?tea 4���r�1
�t_.a. 0w �, 5i
mTown
��
d s dstb. . °
_u
(a) BMPs for
Develop a set of MBPs fot iherTawn's`U`-
X
Operation and
operation and maintenance programnthat has
Maintenance
the ultimate goal of preventing or reducing
If
pollutant runoff from` munici al operations.
(b) Inspection and evaluation
Develop inventory of alllfacilities and
X
of facilities, operations,
operations awned and operated by the
and the MS4 system and
*Ts �.,
permittee mhth'the-potential for generating
associated structural
polluted stormwater runoff, including the
BMPs.
MS4 system and�associated structural BMPs.
Inspectrpotential sources of polluted runoff,
the sto water controls, and conveyance
systems. Evaluate the sources, document
deficiencies, plan corrective actions, and.
document the accomplishment of corrective
actions.
(c) Employee training
Develop and implement training to increase
X
stormwater awareness and the Town's
o erationaI responsibilities.
(d) Distribute flyer
Develop and distribute flyers that describe the
X
describing highlights of
key elements of Town's Illicit Discharge
Illicit Discharge
Ordinance.
Ordinance
(e) Information Management
Develop and implement a program to locate,
X
identify and report stormwater Problem areas
and issues.
(f) Map problem areas
Incorporate the information collected on the
X
Town's stormwater problem areas into the
Town's GIS.
Page 10 of 10
PERMIT NO. NCS000455
PART III PROGRAM ASSESSMENT
1. 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.
The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an
annual basis. The permittee will submit a report of this evaluation andTmonitoring information to
the Division on an annual basis. This information will b6subn fitted by date of each year and
cover the previous year's activities from Date to Date. The ittee'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 de`scriptionn,,of"the status of implementation of the
Stormwater Plan. This will"includnfo rmalion on development and implementation of
all components of the Storinwater Rlan for the past year and schedules and plans for the
year following each report.
(b) The pernuttee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for the
proposed changes andsow?these changes will impact the Stormwater Plan (results,
effectiveness-, implemefita on schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stonnwater Plan. In
addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the Stormwater
Plan throughout the year along with an assessment of what the data indicates in light of
the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the continued
financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the Stormwater
Plan throughout the year. This summary will include, but is not limited to, information
on the establishment of appropriate legal authorities, project assessments, inspections,
enforcement actions, continued inventory and review of the storm sewer system,
education, training and results of the illicit discharge detection and elimination program.
Part III Page 1 of 2
PERMIT NO. NCS000455
3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of
the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan
and time schedule to the Director for modifying the Stormwater Plan to meet the requirements.
The Director may approve the corrective action plan, approve a plan with modifications, or reject
the proposed plan. The permittee will provide certification in writing (in accordance with Part
W, 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 ad,
and results of the permittee's
Part 1H Page 2 of 2
sess the progress
PERMIT NO. NCS000455
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period of at
least 5 years from the date of acquisition. This period may be extended by request of the
Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required
address:
tied to the following
Department of Environment and NatdraliResources
Division of Water Quality
Stormwater Permitting,,Unit
1617 Mail Service Center�y
Raleigh, North Carolina 27699-1617
(b) All applications, reports,sor'information subtrutted to DWQ shall be signed by a principal
executive officer, ranking e cted official or duly authorized representative. A person is
a duly authorized representative. only if,op-
(i) The authoriz2ion is made in writing by a principal executive officer or ranking
elected official: Y
(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/stormwaler
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:
9 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
Part IV Page 1 of 2
PERMIT NO. 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 ernvttee shall report to the central office or the a ro Hate re ional'office an
P P PP..,..� g _ y
noncompliance that may constitute an imminent threat Health or the environment. Any
information shall be provided orally within 24 hours from the e4 e the permittee became aware
of the circumstances. A written submission shall als be prow d 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, includinglexact da es anda mes, 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 ofithe noncompliance.
The Director may waive the whtten report on a case -by -case basis if the oral report has been
received within 24 hours. A Y
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per Part III of
this permit on forms provided by the DWQ.
G. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed necessary
either for specific portions of the permittee's Stormwater Plan, or for the entire Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying to be
covered under this permit or in any report to the Director, it shall promptly submit such facts or
information.
Part W Page 2 of 2
PERMIT NO. NCS000455
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial oFpermit coverage upon
renewal application. 4V., r
(a) The permittee shall comply with standards or pf6hiUHions 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 p ohibitionseven if the permit has not yet
been modified to incorporate the requirement ,
(b) The Clean Water Act provides that any,7person wlio 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 Givil1Pen�a.Ilties inflation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt Coll'eetionkImprovement Act (31 U.S.C. §3701 note) (currently
$27,500 per day for each violation). Any person who negligently violates any permit
0*- N' � ,N'
condition is subject to crinunal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates
permit conditions is ubject too criminal penalties of $5,000 to $50,000 per day of
rs,.�
violation, or imprisonmenufor not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section
309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25,000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina
General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for violating
sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I
violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)
of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)
(currently $11,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class 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 II penalty not to exceed $137,500).
Part V Page 1 of 6
PERMIT NO. NCS000455
3
4.
R
6.
7.
$.
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, 143-215.613,
'fv
143-215.6C or Section 309 of the Federal Act, 33 USC 13,19. Furthermore, the permittee is
responsible for consequential damages, such as fish kills" even hough,the,responsibility for
effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to precl
the permittee from any responsibilities, liabilitie
be subject to under NCGS 143-215.75 et secl,loff S
Property Rights
The issuance of this permil
property, or any exclusive
invasion of personal rights,
Severability
%titution of any legal action or relieve
Mies to which the permittee is or may
1 of the Federal Act, 33 USC 1321,
property rights in either real or personal
authorize any injury to private property or any
of federal, state or local laws or regulations.
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.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director upon request, copies.of records required
by this permit.
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
planned changes or anticipate
Part V Page 3 of 6
The notification of
ition,
PERMIT NO. NCS000455
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
0�
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by the
permittee to achieve compliance with the conditions of this permit.
Nei -di to Walt nr Rednee not a Defense
It shall not be a defense for a
necessary to halt or reduce th
condition of this permit.
Part V Page 4 of 6
have been
.nce with the
PERMIT NO. NCS000455
SECTION C: MONITORING AND RECORDS
3.
4.
Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of the�'Dir cto
Flow Measurements
Where required, appropriate flow measurement devicesvandrifiRbods consistent with accepted
scientific practices shall be selected and used to ensure>the accuracy and reliability of
measurements of the volume of monitored discharges: .
Test Procedures
Test procedures for the analysis of�`pollutanis'shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq,liH Wateiyand 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, andLZegwilation40 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.
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 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 V1 * LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of 1
PERMIT NO. NCS000455
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
The permittee must pay the adnunistering and compliance monitoring fee within 30 (thirty) days after
being billed by the Division: Failure to pay the fee in a timely manner in accordance with 15A NCAC
2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page I of I
PERMIT NO. NCS000455
2.
3
4
PART VIII DEFINITIONS
Act
See Clean Water Act.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution
be structural or non-structural and may take the form of a pro
planning (see non-structural BMP).
Built -upon Area ;
That portion of a development project that is covered
surface including, but not limited to, buildings; paver
Ae lots, and paths; and recreation facilities such asAtennv
a wooden slatted deck, the water area of a swtnumng
paving material to the extent that the paving m teriAl
through the paving material.
surface waters. BMPs can
vity, physical structure or
iperwious or partially impervious
nd � el areas such as roads, parking
"Built -upon area" does not include
or pervious or partially pervious
Ds water or allows water to infiltrate
Clean Water Act` �`''
The Federal Water Pollution Control Act; also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq_ J
101
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.
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 VIII Page I of 4
PERMIT NO. NCS000455
E
Director
The Director of the Division of Water Quality, the permit issuing authority.
EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
11
12
13.
14.
An individual sample collected instantaneously. Grab
qualitatively monitored must be taken within the first 3
Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuan
Illicit Discharge
Any discharge to a MS4 that is not
"0
to an NPDES permit (other than th
and discharges resulting from fire;,
Industrial Activity
For the purposes of this
in 40 CFR 122.26.
be directly analyzed or
311 of the Clean Water Act.
'ely of stormwater except discharges pursuant
permit), allowable non-stormwater discharges,
activities shall mean all industrial activities as defined
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):
i. Owned or operated by the United States, a State, city, town, county, district, association,
or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or
a designated and approved management agency under Section 208 of the Clean Water
Act (CWA) that discharges to waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR
122.2
Part VIII Page 2 of 4
t
PERMIT NO. NCS000455
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must address if it
identifies them as significant contributors of pollutants to the storm sewer system: water line
flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped
groundwater, discharges from potable water sources, foundation drains, air conditioning
condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water) (discharges or flows from fire
fighting activities are excluded from the definition of illicit discliarge and only need to be
IN 01
addressed where they are identified as significant sources of pollutants`to waters of the United
States).,
16. Non-structural BMP
Non-structural BMPs are preventive actions that;involve management and source controls such
as: (1) Policies and ordinances that. provide rcquirements and standards to direct growth to
A. i�
identified areas, protect sensitive areas sucmhrjyas wetlands and riparian areas, maintain and/or
Ak /'mot""' rar, i;�
increase open space, provide buffers along. sensitive" -water bodies, minimize impervious surfaces,
and/or minimize disturbance of oils and vegetation; (2) policies or ordinances that encourage
infrll development in higher density3 rl A,areas, and areas with existing storm sewer
,%. .
infrastructure; (3) education programs for developers and the public about minimizing water
quality impacts; (4) other measures suclyas minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and source
control measures often thoughcoRd rgood housekeeping, preventive maintenance and spill
prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See also
point source discharge of stormwater.
18. Pennittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any
pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal -or greater stormwater control than the previous development.
Part VIII Page 3 of 4
PERMIT NO. NCS000455
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
22. Total Maximum Daily_Load_(TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps'ne essary to reduce pollutant
loads in a certain body of water to restore and maintain water�qualiystandards in all seasons.
1',zt
The Clean Water Act, Section 303, establishes the wale-1-1—lity standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(4){I} of tHeClean Water Act.
Part VIII Page 4 of 4
A'1kTTXWvAA
°O lob
cn
MC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 30, 2011
John Michaux
Stormwater Manager
Town of Oak Island
4601 E. Oak island Drive
Oak Island, North Carolina 28465
Subject. Notice of Violation
NPDES Phase II Permit NCS000518
Dear Mr. Michaux:
Dee Freeman
Secretary
The Town of Oak Island's Phase II Stormwater Discharge Permit, NCS000518, expires May 31, 2012,
The Town must submit a permit renewal application as are required no later than 180 days prior to the
expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any
discharge that does not have a permit after the expiration and has not requested renewal at least 180 days
prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et seq.
For your convenience I have attached hard copies of the application and the proposed draft permit.
Additional information on the NPDES program is available for download at our web site at:
http://portal.ncdenr.org/web/Ag/_ws/s_u/phase2
Please submit the application form by January 31, 2012.
If you would also like to obtain an electronic application and the proposed draft permit, or if you have any
questions, please feel Free to contact me at (919) 807-6374 or mike. randall ncdenr. ov.
cc: Central Files
Stormwater Permitting Unit Files
DWQ Wilmington Regional Office
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919-807.63001 FAX: 919-807.64941 Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opporlunily 4 Afrirmalive Action Employer
Sincerely, Q�
Mike Randall
Division of Water Quality
Stormwater Permitting Unit
i
None
rthCarolina
Naturally