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HomeMy WebLinkAboutNCS000460_FINAL PERMIT_20050912STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. NO DOC TYPE C9--Rfl�AL PERMIT ❑ ANNUAL REPORT . ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ ;�DDS- YYYYMMDD HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor September 12, 2005 Gary McConkey, Town Manager Town of Knightdale 950 Steeple Square Court Knightdale, North Carolina 27545 William G. Ross', Jr., Secretary Alan W. Klimek, P.E., Director Subject: NPDES Draft Permit Number NCS000460 Town of Knightdale, Wake County Dear Mr. McConkey; In accordance with your application for a stormwater discharge permit submitted on December 12, 2003 and as amended March 10, 2005, 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 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: Wake County Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Raleigh Regional Office 1617 Mail Service Center, Raleigh, NMh Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarohna Phone: 919-733-7Di51FAX: 919-733-24961Internet: h2o.enr.siate.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. NCS000460 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 Knightdale is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Knightdale Jurisdictional Area Wake County to receiving waters, Neuse River, Beaver Dam Creek, Milburnie Creek, Mango Creek, Popular Creek, and Marks Creek, within the Neuse River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective October 1, 2005. This permit and the authorization to discharge shall expire at midnight on October 1, 2010. Signed this day September 12, 2005. dam' Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000460 PART 1 PART II TABLE OF CONTENTS PERMIT COVERAGE FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V1II' DEFINITIONS PERMIT NO. NCS000460 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Knightdale is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, -Neuse River, Beaver Dam Creek, Milburnie Creek, Mango Creek, Popular Creek, and Marks Creek, within the Neuse 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 Stonrwater Plan includes components of the permittee's Phase IT Municipal NPDES Stormwater 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 conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee 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 Part I Page 1 of 2 PERMIT NO. NCS000460 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. 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include. • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air.conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential 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 PERMIT NO. NCS000460 PART It 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 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. 3. 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. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. S. 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. 8. 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. Part lI Page I of 14 PERMIT NO. NCS000460 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. 11. 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 the first year 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 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 the first year 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 permittee 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, the schedule for discovering and locating currently unknown MS4 outfalls, 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 one year 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 Part II Page 2 of 14 PERMIT NO. NCS000460 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 Integrated 305(b) and 303(d) Report (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. Part H Page 3 of 14 PERMIT NO. NCS000460 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. �BMP , �� r. ti , Measurable Goals , W, r�YR �YR4 R Y R` _ . ;* n� y��� ` ' x� . 1 _ ] 3d45. mayy, �� iSaF 3`�d �1 5.=_...$.;; �i.,v4.:_.Ja. atFi.,ws�.a„S+e t.d,t.'cc "a. ,- ._ LI A F .z_ k u Cwx (a) Establish a Public Develop a public education program and X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public. Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part H Page 4 of 14 PERMIT NO. NCS000460 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. 2. BMPs for Public Involvement and Participation The pen-nittee 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. itii : s �r:1�7rxt 1 r {} �4 tBMP sx 3 ;�y _.1 br %:'b'3'w F S4` dl'r• a 's ¢ fir' ' r� y y 1Vleasuiahle Goals{, `�,�,.�{j;'T )), V7. B:i.! ^fl4r°:.MT hn ,-¢i' i.I- X Sy ,.`rk );x�r'Frs: `�?. WA i IaYR 7, .5 r '1YR�� dsf. w WY_R»� £;�i.,.n 1 �:YIt, -Y;' ,,y dice ij'k i'ry ',L-�''�`•'i'S,, %.'�t�!f�.s1 . Y r MJr� "w87 t 'ara`E�4d.Y:,c!'a.;r�.� �;t_.1' ^$x+t4 Y'''6l 5'�1' pit�F .m, ';;77f' s�-•i�..s�i1Y'S ;�,:t�;;�'hr4;:.'�,. T�'ti,3,2.� .'r.,,•3i• (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish,.a Citizens' Develop a citizens' group(s) for input on X X X X Group(s) stormwater issues and the stormwater program. Part 11 Page 5 of 14 PERMIT NO. NCS000460 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. TWIN-BMI' . '� , Measurable Goals W-N . � YR YR, YIR .. .10 5' . (a) Develop/Implement Develop and implement an Illicit X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part II Page 6 of 14 PERMIT NO. NCS000460 1'"�-W�y� '"r.Y( �' .}.: .h 4.K Eya.� `Sl, �� ,£ x +, �I3MP r w �rg.K e�, , w • � .,/,�iR�'at w.:�.�w�s_a- [ � �i bhp 7 aF' 3. 1Vleasurable G©als , , z , ,� r �' se, r Xv. wi � YR %�YR 2p I3 p � . +�Y�R� r.YRt YIt'� it��ra'};. ",�Rs,b��#3��12 4i °5': (d) Implement illicit Implement an inspection program to X X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Conduct employee Conduct training for municipal staff on X X X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X X X reporting mechanism mechanism for the public to report illicit discharges. (h) Complaint Hotline and In Year 1, begin developing a method of X X X Database tracking tracking complaints and planning for staff System positions. By Year 3, establish a comprehensive complaint hotline for stormwater issues, which will capture at a minimum the geographic location of and the disposition of all public complaints and/or reports of illicit discharges. Data will be used to target testing and inspection activities. Quarterly review of complaint database summary. After year 3, the town will report annually on the number of complaints logged per year and the disposition of all complaints. Part 11 Page 7 of 14 PERMIT NO. NCS000460 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. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Construction Site Runoff Controls and shall notify the Division prior to modification of any goals. k�gM_ Pam; ' 4� s s aS 9 C w-'S-�ws.ailr� k� fry�� Wasui abler Goa s= w" Me G l IYR" ��� YR :�k;��M °Y R .31`:J c? YR }a r�4A YR �5 (a) Implement a program Develop a regulatory mechanism and X X X X X and establish a implement a program requiring erosion regulatory mechanism and sediment controls at construction sites ` for erosion and and providing for sanctions to ensure sediment control compliance. Instead of originating a new program, the permittee may elect to comply by relying on the NCDENR Division of Land Resources,(DLR) Erosion and Sediment Control Program, either as administered by the DLR, or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs. Part H Page 8 of 14 PERMIT NO. NCS000460 _., .. SkPFti'.e. 4. i� i?. w YiMeasurablecGoals' YRY)itRl y YRti T. M 5ylzY,R ,1r,w1 �rc2 ,,zj (b) Develop requirements Require construction site operators to X X X X X on construction site implement erosion and sediment control operators BMPs and to control construction site wastes that may cause adverse water qualityimpacts. (c) Provide educational New materials may be developed by the X X X X X and training materials permittee, or the permittee may use for construction site materials adopted from other programs operators and adapted to the permittee's construction runoff controls proaram. (d) Institute plan reviews Review construction plans and establish X X X X X procedures that incorporate water quality considerations in construction site plan reviews. (e) Establish public Establish procedures for receipt and X X X X X information procedures consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. (f) Establish inspection Establish procedures for site inspection X X X X X and enforcement and enforcement of control measure procedures requirements. The procedures should include prioritizing areas of inspections based on local criteria. The permittee relies on Wake County Environmental Services to comply with this minimum measure. The preceding table is modified by the following: ➢ The permittee shall conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by Wake County Environmental Services, to see if the site is in compliance. ➢ The permittee will monitor the Wake County Environmental Services program for effectiveness in the permittee jurisdiction: . . ➢ Sites that are not in compliance with their sediment and erosion control permits will be reported to the Wake County Environmental Services. ➢ Follow-up action by that Wake County Environmental Services will be monitored. ➢ The permittee will maintain a record of findings and follow-up procedures. 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. Part 11 Page 9 of 14 PERMIT NO. NCS000460 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. INN-ne _Em .IF leas ru able Goals` � TamYA WR 'W . ig `R (a) Establish a Post- Develop, adopt by ordinance (or similar X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Develop community Develop guidance material for training X X X X education class for local developers explaining the local post -construction approval process. (c) Establish compliance Take appropriate actions to address non- X X X X and enforcement compliance and ensure enforcement of the procedures program. (d) Establish strategies Develop and implement strategies that X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a' MS4 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) Ensure structural BMP Establish re -construction review of X X X X Part 11 Page 10 of 14 PERMIT NO. NCS000460 � � lyleasurableEGi�als�YH•Y�R< ;YR�YR:yR:i �w�`.e�a- °..sue,, � it _' .�h� s«,x,�r r iS'.. .�.•,''h—: ::i5�i'J�.':21.1'� ! t�.:3��fL• SLY�.Y� design, construction, plans, inspection during construction, and operation and post -construction acceptance procedures. maintenance Require and review annual BMP compliance inspection reports, (f) Establish a program to Control the sources of fecal coliform to X X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. (g) Establish nutrient Develop, adopt, and implement an X X X X sensitive waters (NSW) ordinance (or similar regulatory protection measures mechanism) to ensure that the best (for programs with management practice for reducing nutrient development or loading is selected. In areas where the redevelopment draining Environmental Management Commission to NSW waters) has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Pro ram. 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the Bost -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the Part II Page I 1 of 14 PERMIT NO. NCS000460 stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or ail, of the requirements for post -construction stormwater management. Part 11 Page 12 of 14 PERMIT NO. NCS000460 (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 13 of 14 PERMIT NO. NCS000460 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. }._ git .�� ; , - , , Myyeasurfable 7- .( �r T� i YR YRaryM, WRR SfyGoyals- T�Y4 Y...2�:.:AS;'liki8"'„.� q 4�['.�? f-.3. i'��ti�1�WCA.__ 7S^,' Y' ..+i.�. _ i ,'•_ (a) Develop an operation Develop an operation and maintenance X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X pollution prevention and good housekeeping rocedures. (d) Review of municipality Conduct annual review of the industrial X X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part H Page 14 of 14 PERMIT NO. NCS000460 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, 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 permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by December 1 of each year and cover the previous year's activities from October I through September 30. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan._ This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, Part III Page t of 2 PERMIT NO. NCS000460 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. 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 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 1111 Page 2 of 2 PERMIT NO. NCS000460 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 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 imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS000460 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. S. 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. 6. 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 IV Page 2 of 2 PERMIT NO, NCS000460 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (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 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 1.1 violations Part V Page I of 6 PERMIT NO. NCS00046o are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class It penalty not to exceed $137,500). 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. 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, 143-215.6B, 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 permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000460 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000460 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 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. NCS000460 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. 'Pest 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; Part V Page 5 of 6 PERMIT NO. NCS000460 (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 Iocation. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000460 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revolting 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. NCS000460 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of 1 PERMIT NO. NCS000460 PART VIII DEFINITIONS 1. Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part V 1II Page 1 of 4 PERMIT NO. NCS000460 6. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. 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 betaken 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 permit (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. 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 Part VI1I Page 2 of 4 PERMIT NO. NCS000460 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 un- authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15, Non-stormwater Discharge 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 iri 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as 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. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system, See also point source discharge of stormwater. Part VII1 Page 3 of 4 PERMIT NO. NCS000460 18. Permittee 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 storrwater 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. 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 (TNML) 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. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 4 of 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of water Quality Date: July 20, 2005 To: News and Observer Number: 919-829-4824 From: Sarah Young, Division of Water Quality Subject: Public Notice Pages: 1 Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, July 26, 2005. Please fax a copy of the proof to me at 919-733-9612 fo_r final approval prior to publication. Within 10 days after publish date, please send the invoice -and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 The Town of Knightdale has applied for an NPDES Phase 11 Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within the Town of Knightdale jurisdictional area, Wake County, to receiving waters, Neuse River, Beaver Dam Creek, Miiburnie Creek, Mango Creek, Popular Creek, and Marks Creek, within the Neuse River Basin. All comments and requests should reference draft permit number NCS000460. The Town of Wake Forest has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within the Town of Wake Forest jurisdictional area, Wake County, to receiving waters, Austin Creek, Horse Creek, Sanford Creek, Smith Creek, Richland Creek, and Toms Creek within the Neuse River basin. All comments and requests should reference draft permit number NCS000467. Comments must be received no later than September 2, 2005. Copies of the draft permit are available at http://h2o.enr.state.nc.us/su/l)hase2 draft --permits.htm or by contacting: Mike Randall NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 545 Mike.randall@ncmaii.net N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 t Z= AFFIDAVIT OF PUBLICATION NORTH CAROLINA. Wake County. 3s. Before the undersigned, a Notary Public of Johnston County North Carolina, duly commissioned and authorized to administer oaths, affirmations, etc., personally appeared Janet Scroggs, who, being duly sworn or affirmed, according to ]aw, doth depose and say that she is Billing Manager -Legal Advertising of The News and Observer a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as The News and Observer, in the City of Raleigh , Wake County and State aforesaid, the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1- 597 of the General Statutes of North Carolina, and that as such she makes this affidavit; that she is familiar with the books, files and business of said corporation and by reference to the files. of said publication the attached advertisement for NC DIVISION OF WATER QUALITY was inserted in the aforesaid newspaper on dates as follows: 07/26/05 Account Number: 73350831 The above is correctly copied from the books and files of the aforesaid Corporation and publication. .. .... ...... ............... V-0-_ Billing Manager -Legal AdvettSsin _ _______ _______ Sworn or affirmed to, and subscribed before me, this : 27 day of JULY , 2005 AD - In Testimony Whereof, I have hereunto set my hand C L1ULI and affixed my official seal, the day and year aforesaid. Notary Pu61ic My commission expires 2nd day of July, H.