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HomeMy WebLinkAboutNCS000465_OTHER_20170705STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. W c) O DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT ❑ APPLICATION ❑ �C PLIANCE 0' OTHER DOC DATE ❑ YYYYMMDD �{ Division of Energy, Mineral, and Land Resources Land Quality Section / Storm►vater Program National Pollutant Discharge Elimination System (NPDES) Energy, Mineral & PERMIT OWNER AFFILIATION DESIGNATION FORM !Nand Resources ENVIRONMENTAL QUALITY (Individual Legally Responsible for Permit) Use this form if there has been: FOR AGKNCY USt7 ONLY Date Received Year I Month 17av NO CHANGE in facility ownership or facility name, but the individual who is legally responsible for the permit has changed. If the name of the facility has changed, or if the ownership of the facility has changed, do NOT use this form. Instead, you must fill out a Name -Ownership Change Form and submit the completed form with all required documentation. What does "legally responsible individual" mean? The person is either: • the responsible corporate officer (for a corporation);1=N=1k/h • the principle executive officer or ranking elected official (for a rnunicipXLy, 0jge2M jcral or other public agency); • the general partner or proprietor (for a partnership or sole proprietors R-f-AND QISAL" �qtok• or, the duly authorized representative of otie of the above. WK!" PMM03 pie 1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation") applies: IndividUal Permit 2) Facility Information: Facility name: Company/Owner Organization: Facility address: 'eN�o 1Q�� Certificate of Coverage ox, C I G ��N��NRp�RM1�1 S) 03owen of Morrisville Town of Morrisville 100 Town Hall Dr. Address Morrisville NC 27560 City st"Ite Zip To fund the current legally responsible person associated with your permit, go to this website: http://(Ie(i.nc.,,,ov/about/divisions/eneri,,v-mineral-land-resources/eners4y-mineral-land-permits/stori-nwater-prom and run the Permit Contact Summary Report. 3) OLD OWNER AFFILIATION that should be removed: Previous legally responsible individual: John First Nit 4) NEW OWNER AFFILIATION (legally responsible for the permit): Person legally responsible for this permit Martha First Nil Page l of 2 Whitson Last Paige I.,ast s W U-O WNERAF1, II.-23 March2017 4 NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form (if no Facility Name/Ownership Change) Town Manager Title 100 Town Hall Or, Mailing Address Morrisville NC 27560 City State Zip ( 919 ) 463-6150 mpaige@townofmorrisville.org "telephone F-rnail Address ( Fax Number 5) Reason for this change: A result of: ® Employee or management change ❑ Inappropriate or incorrect designation before ❑ Other If other please erplcrin: The certification below must be completed and signed by the permit holder. PERMITTEE CERTIFICATION: I, Pa-ee� attest that this application for this change in Owner Affiliation (person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my knowledge. i understand that if all required parts of this form are not completed, this change may not be processed. Signature PLEASE SEND THE COMPLETED FORM TO: Division ofEtiergy, Mineral, and land Resources Stormwater Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 z7 ) 7 Date For more information or staff contacts, please call (919) 707-9220 or visit the website at: htt ://de .nc. ,ov/about/divisions/ever Jv-mineral-land-resotirces/stonil%vatei* Page 2 of 2 S WtJ-OWNI-RAFF1l 23Mar2017 Town of Morrisville Phone: 919.463.6193 Post Office Box 166 Fax: 919.468.6o ii Morrisville, North Carolina 2756o www.townofiiiorrisvUle.org November 25, 201.3 Bill Diuguid, AICP NCDENR-DEMLR-Stormwater Permitting Program 512 N. Salisbury Street, Archdale Building. - 9th Floor Raleigh, NC 27604 Bill.Diuguid@ncdenr.gov Delivered via electronic mail RE: Consolidation & Revisions to Riparian Buffer & Stormwater Ordinances Into UDO Dear Mr. Diuguid. The Town of Morrisville currently has various development related ordinances in effect that are in the final process of being combined into a single Unified Development Ordinance (UDO). This includes the Town's Riparian Buffer Protection Ordinance for lands within the Neuse River Basin and the Jordan Lake Watershed and the Stormwater Management Ordinance. Both of these current ordinances were previously reviewed and approved by the NCDENR Division of Water Quality and the Environmental Management Commission as needed. The Town also is covered under N PDFS Phase II Stormwater Permit number NCS000465. The primary change is simply the consolidation of the separate ordinances into a single UDO. However, there are some minor revisions to the actual content of each compared to what was previously approved by the NCDENR and the EMC. All requirements meet at least the minimum as required by the state. One of which is the revision to the BUA definition related to gravel per SL 2013-413 (H 74). The Riparian Buffer Ordinance and Stormwater Ordinance can be found in Article 6 and 7, respectively, of the draft UDO. Per previous discussions with you and Jason Robinson, it is my understanding that the NCDENR Division of Fnergy, Mineral, and Land Resources must review and approve any proposed changes to the Town's Stormwater Ordinance. Likewise, the NCDENR Division of Water Resources must review and approve any proposed changes to the Town's Riparian Buffer Ordinance. However, the Town's Riparian Buffer Ordinance includes buffers both in the Jordan Lake watershed and the Neuse River Basin. Since DWR is only delegated authority by the EMC to approve Riparian Buffer Ordinances in the Jordan Lake watershed, not the Neuse, the EMC must also approve the proposed changes to the Riparian Buffer Ordinance. Attached you will find a copy of the relevant sections of the Town's Draft UDO for review and approval by DEMLR, DWR, and the EMC as needed, At present, the Morrisville Town Council plans to hold a vote on adopting the UDO on December 10, 2013; with a proposed effective date of July 1, 2014. There will be a phase in period where applicants may begin choosing to apply under the new UDO in March 2014. Town Council and staff are aware that per SL 2013-413 (H 74), there must be a unanimous vote of members present and voting in order to adopt any environmental ordinance that is regulated by state or federal law, Should you have any questions or require additional information, please contact me at (919) 463- 6216 or 7�tttcuson2townofm6ri-isvillc.org. Thank you for your assistance with this matter. Sincerely, TOWN OF MORRISVILLE Robert D. Patterson, P.C. Stormwater Engineer/Program Administrator Enclosures CC: Bradley Bennett- NCDENR-DEMLR-Stormwater Permitting Program Supervisor Mike Randall - NCDENR-DEMLR-Stormwater Permitting Program Rich Gannon - NCDENR-DWR-NPS Management Program Supervisor Jason Robinson, PE - NCDENR-DWR-NPS Management Program John Huisman - NCDENR-DWR-NPS Management Program Tim Guass, AICP - Town of Morrisville - Director of Development Services Richard D. Cappola, Jr., P.E. - Town of Morrisville -Town Engineer Ben Hitchings, AICP, CZO - Town of Morrisville -Planning Director Courtney Tanner, AICP, CZO - Town of Morrisville -Planning Department Town of Morrisville Post Office Box 166 Phone: 919.463.6200 Fax: 919.468.6oli STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) ILLICIT DISCHARGE DETECTION & ELIMINATION Date: December 28, 2012 To: Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer Purpose: IDDE investigations, reporting, and rehabilitation are essential to a successful stormwater program by identifying illicit discharges and eliminating them along with restoring/repairing pollution damage. Details: • Once an Illicit discharge has been reported, identified, and or traced the following SOP will be followed to characterize the nature of and the potential public or environmental threat posed by the illicit discharge. ♦ Town of Morrisville's Stormwater Inspector or Administrator shall initiate an investigation immediately and take all corrective actions to stop, eliminate, and ensure restoration of affected areas. Initiate Investigation: ♦ Notify the appropriate authorities. Describe different possibilities ♦ Notify the property owner. ➢ Describe actions and directions ♦ Provide technical assistance for removing the source of the discharge or otherwise eliminating the discharge. i Describe assistance that might be available. ♦ Fill out a Town of Morrisville IDDE inspection report covering the following items: Date Town became aware of the non -storm water discharge :- Date the Town initiated an investigation of the discharge > Date the discharge was observed > Location of the discharge Description of the discharge Method of discovery > Date and method of removallremediation completion and verification Enforcement actions r Fully document any analytical monitoring utilized including decision process to utilize analytical monitoring ♦ Provide follow up inspections 1of2 Communication and Correspondence: ♦ Stormwater Inspector will communicate with all responsible parties and contractors ♦ Stormwater Inspector will report to the proper authorities all reportable quantities, contamination levels, enforcement actions, remediation efforts and final results with documentation. Employee Training: ♦ All applicable employees should be trained in general stormwater pollution prevention; including how to recognize and report illegal connections, spills and discharges. Records: ♦ Keep records of all correspondence, responsible parties, cleanup/environmental remediation efforts and reports. 2 of 2 Town of Morrisville Post Office Box 166 Morrisville, North Carolina 2756o Phone: 919.463.6200 Fax: 919.468.6oii www.TownofMorrisville.org STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) SPILL PREVENTION AND REPORTING Date: December 20, 2012 To: Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer Purpose: Preventing spills and knowing the proper reporting procedures for them are essential to a successful stormwater program. Spill Prevention -Materials, Waste Handling and Storage: ♦ When possible, liquid or hazardous materials should be handled, used, stored, re -packaged, and transferred indoors or under cover. ♦ Cover and contain materials, wastes and containers. ♦ Keep all containers closed unless adding or removing materials. Spill Kit Maintenance: ♦ Spill kits are located at the following locations: 7 Public Works, 414 Aviation Pkwy, Morrisville Z Morrisville Community Park Maintenance Shed, 1520 Morrisville Parkway, Morrisville > Morrisville Aquatics and Fitness Center, 1301 Morrisville Parkway, Morrisville Fire Station 4 2, 10632 Chapel Hill Rd, Morrisville ➢ Fire Station # 1, 200 Town Hall Drive, Morrisville ♦ Town of Morrisville's Stormwater Inspector James Misciagno is responsible for spill kit(s) inventory and re -ordering supplies. Spill Clean-up and Storm Drain Protection: ♦ Stop the source of the spill and contain any liquids, if trained and safe to do so. Consult the Material Safety Data Sheet (MSDS), Safety Data Sheet (SDS), Product Safety Data Sheet (PSDS) or manufacturers suggested response if applicable. ♦ Block any down gradient storm drains with absorbent media/speedy dry, berms, drain covers or absorbent socks/pigs. ♦ Never hose down spills or leaks. ♦ Always use "dry clean-up methods" for clean-up of petroleum spills (gas, diesel, motor oil or kerosene). ➢ Contain spill with absorbent boom socks if possible Spread absorbent media, pads, pillows or boom on the spill. ➢ Sweep up or pick up the absorbed materials and place them in a proper storage container Have waste picked up and disposed of properly (contact Stormwater Inspector with disposal questions if needed) l of 2 Reyortin2 Spills: ♦ Any spill or discharge of Petroleum Products, Pollutants or Hazardous Chemicals that enters any surface waters or storm drains shall contact the Town of Morrisville's Fire Department immediately at 919-463-6123. The Fire Department will then notify the Town of Morrisville's Stormwater Inspector at 919-463-6191 or 919-800-9465. ♦ All spills or discharges within the jurisdiction of the Town of Morrisville need to be reported to the Stormwater Inspector or Stormwater Administrator as soon as possible at 919-463-6191 or 919-463-6193. • Report a petroleum spill to NCDENR at 1-800-858-0368 if: The spill is greater than 25 gallons, or The spill cannot be immediately contained, or The spill and/or contamination cannot be completely removed within 24-hours, or There is an impact or potential impact to ground/surface water. i IF IN DOUBT, REPORT THE SPILL ♦ Petroleum spills involve, but are not limited to: crude oil, gasoline, heating oil, various fuel oils, lubricating oil, hydraulic oil, asphaltic residuals. ♦ Hazardous materials spills involve non -oil spills that pose a threat to human health or the environment, such as chemical releases. ♦ Report any discharge of hazardous waste immediately, (within one hour) to local emergency officials [stormwater Inspector, Fire Department], then contact NC DENR Hazardous material Department (as described above). • Fit petroleum and chemical storage containers with secondary containment structures. Contactors: ♦ Contracts should include stormwater pollution prevention language. ♦ Ensure that contactors implement proper Best Management Practices (BMPs) to prevent stormwater pollution and know whom to contact in case of a spill. Employee Training: ♦ All applicable employees should be trained in general stormwater pollution prevention; including how to recognize and report illegal connections, spills and discharges. Records: ♦ Keep records of all spills, discharges, cleanup/environmental remediation operations and any correspondence with appropriate agencies and contractors. 2 of 2 Town of Morrisville Post Office Box 166 Phone: 919.463.6200 Fax: 919.468.6o 11 STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) TOWN FACILITY INSPECTIONS Date: December 27, 2012 To: Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer Purpose: Facility Inspections are essential to a successful stormwater program by developing pollution prevention measures, identifying spills, erosion, and other indicators of stormwater related issues. Details: ♦ All Town facilities are to be inspected twice a year by the Town of Morrisville's Stormwater Inspector. ♦ Vehicle washing areas, fueling and fuel storage areas are to be inspected daily by designated onsite facility personnel. ♦ All findings and reports are kept with the Stormwater Inspector with copies being given to appropriate staff to ensure repairs are done and to maintain compliance. Employee Training: • All applicable employees should be trained in general stormwater pollution prevention; including how to recognize and report illegal connections, spills and discharges. Records: ♦ Keep records of all spills, discharges, cleanup/environmental remediation operations at Town facilities. 1of1 Town of Morrisville Post Office Box 166 Phone: 919.463.6200 Fax: 919.468.6oii STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) SANITARY SEWER OVERFLOW Date: December 27, 2012 To: Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer Purpose: To protect the citizens of Morrisville, North Carolina and the environment by ensuring a timely and thorough response to a sanitary sewer overflow (SSO). Details: • This SOP applies to all Town of Morrisville staff that in the course of their work may see or deal with an SSO. Procedure and Reporting: ♦ Upon discovery of a SSO, the first priority shall be to assess the situation and contact the Cary Wastewater Collections shop. During nonnal duty hours the telephone numbers are: 919-319-4544, 919-319-4571 and 919-462-2000 and after normal duty hours, the Operations Manager may be reached at 919-621-7995 and the Wastewater System operator at 919-621-8233 ♦ All SSO spills or discharges within the jurisdiction of the Town of Morrisville need to be reported to the Stormwater Inspector or Stormwater Administrator as soon as possible at 919-463-6191 or 919-463-6193. • If a spill occurs after normal business hours, the event must be reported during the next working day. Should a spill occur after normal duty hours which reaches surface water and/or it may be considered as either an environmental or health hazard, the report must be made immediately to the Division of Emergency Management at 1-800-858-0368. Their office will contact appropriate Division of Water Quality staff. Records: • Keep records of all spills, discharges, cleanup/environmental remediation operations and any correspondence with appropriate agencies and contractors. 1of1 Date To Town of Morrisville Post Office Box 166 Morrisville, North Carolina 2756o Phone: 919.463.6200 Fax: 919.468.6o11 www.TownofMorrisville.org STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) VEHICLE AND EQUIPMENT MAINTENANCE AND WASHING ..................... .................... December 12, 2012 Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer Purpose: Stormwater pollution prevention procedures for vehicle and equipment washing, proper washing locations, and proper disposal of wash water. Description: Municipal vehicle washing can generate dry weather runoff contaminated with detergents, oils, grease, and heavy metals. Vehicle washing BMPs can eliminate contaminated wash water discharges to the sanitary sewer system. Such BMPs include installing wash racks that discharge wash water to the sanitary sewer, and contracting the services of commercial car washes, which are permitted to discharge wash water to the sanitary sewer system. Employees and subcontractors should be trained in the municipality's vehicle washing procedures to avoid illicit discharges. .l , f . Best Management Practices (BMPs 0 Always: ♦ Wash vehicles and equipment in a designated area. ♦ Wash fewerthan 5 vehicles per week. ♦ Minimize water and soap use when rinsing or washing vales. ♦ Use a biodegradable, phosphate free soapen-rreeessa tl� ♦ Discharge all wash water containing degreasers, acids, bases, and/or metal brighteners to an on - site treatment facility, the sanitary sewer in accordance with the treatment plant standards, or an approved holding tank. If these are not available, discharge to a vegetated buffer, gravel, grass, or other permeable surfaces. • Discharge to the ground surface, if the following Best Management Practices Rules are followed: The discharge is registered, and the washwater is not from power washing, steam cleaning, engine cleaning, or undercarriage cleaning; does not contain soaps or other products which contain regulated contaminants; and does not discharge directly to surface water. i Spills should be immediately contained and treated. i Spill kits with absorbent containment materials and instructions shall be available in areas designated for washing Whenever Possible: ♦ Use a commercial car wash for light duty vehicles. • Wash cars on gravel, grass, or other permeable surfaces. • Educate personnel on proper washing practices. I of 2 ♦ Maintain vehicles and equipment to prevent leaks/drips, which would more easily enter wash water. • Obtain and use drain guards (filter inserts) to catch sediments, petroleum products, etc. that might enter the storm drains as a result of vehicle washing. Never: ♦ Discharge washwater directly to a surface water ♦ Never perform engine washing outside or over a storm drain. ♦ Never wash vehicles over a storm drain or near drinking water wells Applicability/Affected Facilities: ♦ These BMPs apply at all municipal facilities where washing, power washing, or steam cleaning is performed on vehicles or equipment, and to all employees that conduct washing activities. Required Employee & Contractor Training: ♦ Train all current employees who perform vehicle or equipment washing on this BMP. ♦ Train all new employees and job transferees who will perform vehicle or equipment washing on this BMP. ♦ Conduct refresher training for all employees who perform vehicle or equipment washing as needed or required by permit. • All contracts should stipulate that contracted employees are trained in stormwater pollution prevention BMPs. ♦ Train all employees and contractors who perform vehicle washing on good housekeeping. See "BMP: Good Housekeeping and Spill Prevention." Required Maintenance: ♦ inspect and maintain washing equipment especially the hoses, wands and nozzles. Make sure they deliver the proper rate of water and shut-off automatically when not in use. Records: ♦ Keep records of employee and contractor trainings. 2of2 Town of Morrisville Post Office Box 166 Phone: 919.463.6200 Fax: 919.468.6oii STORMWATER PROGRAM STANDARD OPERATING PROCEDURE (SOP) FERTILIZERt HERBICIDE & PESTICIDE APPLICATIONS Date: December 28, 2012 To: Town Departments & Public Prepared By: James Misciagno, Town Stormwater Inspector Approved By: Richard D. Cappola Jr., PE - Town Engineer General: ♦ Always follow the manufacturer's recommendations for mixing, application and disposal. ♦ Use manual and/or mechanical methods for weed/pest control and vegetation removal wherever possible rather than chemical methods. ♦ When chemicals are required, use the least toxic method to control animal and plant pests. Pheromone -based traps and sticky paper are often more effective than chemicals and are protective of water quality. Beneficial organisms should be promoted and protected whenever/wherever possible. ♦ When chemicals are used, use the most biodegradable product that will accomplish the desired goal. Mixing: • Follow all manufacturers' recommendations for mixing, applying and handling of fertilizers, herbicides and pesticides. ♦ Mix fertilizers, herbicides or pesticides inside a protected area with impervious secondary containment (preferably indoors) so that spills or leaks will not contact soils. ♦ Label all containers. ♦ Sweep pavements or sidewalks where fertilizers or other solid chemicals have fallen, sweep them back onto grassy areas. • Clean up any spills or leaks of fertilizers, herbicides or pesticides promptly. ♦ Dispose of excess or leftover chemicals and empty expired fertilizers, herbicides or pesticides containers according to instructions on the label — preferably on the target pest or vegetated area. • Always mix only the minimum amount of fertilizers, herbicides or pesticides that will be needed for the immediate job. • If possible, use rinse water from cleaning of containers and application equipment as a dilution for the next batch. ♦ If possible use the triple rinsate from empty containers and/or rinsate from sprayer cleaning as dilution for the next batch. ♦ Never pour triple rinsate from empty containers and/or rinsate from sprayer cleaning onto ground or into any drainage system. 1of3 Application: ♦ Only use State recommended and approved chemicals around water features (ponds, lakes or streams). ♦ Always follow all federal and state regulations governing use, storage and disposal of fertilizers, herbicides or pesticides and training of pesticide applicators ("Read the babel"). ♦ Pesticide application must be done only under the supervision of a "certified pesticide applicator" or qualified supervisor. • If possible, avoid applying fertilizers, herbicides or pesticides within 25 feet of any surface water or storm drainage structure ♦ If possible use granular fertilizers, herbicides or pesticides whenever possible since they result in lower application losses. ♦ Avoid applying fertilizers, herbicides or pesticides in or near any drainage ditch, creek, pond or seasonal streambed ♦ Time the application of fertilizers, herbicides or pesticides to coincide with the manufacturer's recommendation for best results. (Ex: Do not apply during a heavy rainfall or if a heavy rainfall is expected and do not apply immediately before an irrigation cycle.) ♦ if possible, avoid broadcast spraying of pesticides. Choose an appropriate method of application such that application does not exceed the problem area. (Fertilizer may be broadcast sprayed.) • If possible, spot spray pesticides on infested areas whenever possible rather than treating a larger area. ♦ Do not use pesticides on a regular (preventive) basis. Apply only when there is an actual pest problem. Disposal: ♦ Dispose of excess, expired or waste fertilizers, herbicides or pesticides properly. Try to use up the entire product on target areas. If not, dispose of the remaining product as hazardous waste. ♦ Always follow all federal and state regulations governing use, storage and disposal of fertilizers, herbicides or pesticides and training of pesticide applicators ("Read the Label"). ♦ Always follow all manufacturers" recommendations for cleaning -up and handling of fertilizers, herbicides or pesticides Storage: ♦ Always follow all federal and state regulations governing use, storage and disposal of fertilizers, herbicides or pesticides and training of pesticide applicators ("Read the Label"). • Store fertilizers, herbicides or pesticides inside a protected area with impervious secondary containment (preferably indoors) so that spills or leaks will not contact soil. ♦ Chemicals and pesticides are stored at the Public Works Building. (This area should be indoors or have secondary containment so that spills or leaks will not contact soils.) ♦ All containers must be clearly and correctly labeled 2 of 3 Employee Training: • All applicable employees should be trained in general stormwater pollution prevention; including how to recognize and report illegal connections, spills and discharges. • All employees who handle or apply pesticides or herbicides should be trained on the most recent Material Safety Data Sheet(s). • Train employees on the proper methods for cleaning up spills or leaks of pesticides, herbicides and fertilizers. Contracts & Contractors: • Contracts should include stormwater pollution prevention language. • Ensure that contractors implement proper Best Management Practices (BMPs) to prevent stormwater pollution. Records: ♦ Keep a list of all employees trained in the facility's Stormwater Pollution Prevention Binder. • Records of pesticide application activities are kept at the Public Works Building • Keep records of all spills, discharges, cleanup/environmental remediation operations at Town facilities. • Copies of MSD sheets for all pesticides, fertilizers and other hazardous products are kept at the Public Works Building. • An inventory of fertilizers, herbicides and pesticides including expiration dates are kept at the Public Works Building 3of3 Morr isv I l l-e-- / tt/4112,o1D vV Randall, Mike From: Amanda C. Boone [ABoone@townofmorrisville.org] Sent: Tuesday, !November 09, 2010 10:29 AM To: Randall, Mike Attachments: image001.gif; image002.jpg; Amanda C Boone PE.vcf Mike, One aspect of our Stormwater Management Plan I have updated is the information regarding receiving streams. I have included this information below. If you have any questions please let me know. Thanks. 2. Receiving Streams Cane Fear River Basin Rem ce vin a ' Stre'am 37- l' ',#� Mr Stream Segment" Water Quality " Y . , . U Su'pportj.Rating �r-- �W er Q n ity Isssues, -% " Classification . Name Kit Creek 16-41-1-17-2-(0,3) C; NSW Not Rated n/a Kit Creek 16-41-1-17-2-(0.7) WS-I V; NSW Not Rated n/a Notes: l . Receiving streams determined using NCDWQ 2010 Integrated Report GIS layers. 2. Use Support Rating and Water Quality Parameter as given in 2010 Integrated Report. Neuse River Basin j;ije;c* Water Quality x Stream Stream Segment Use Support Rating Water Quality Issues Name Classification Brier Creek 27-33-4 C; NSW Impaired Standard Violation - PCB Coles Branch 27-33-3 C; NSW Not Rated n/a Poor Bioclassification - Crabtree Creek 27-33-(]) C; NSW Impaired Ecological/biological lntegritj Benthos Crabtree Creek 27-33-(3.5) B; NSW Not Rated n/a Stirrup Iron Creek 27-33-4-2 C; NSW Not Rated n/a Indian Creek n/a — from source n/a Not Rated n/a to Crabtree Creek Note: 1. Receiving streams (except Indian Creek) determined using NCDWQ 2010 Integrated Report GIS layers. Indian Creek identification and naming based on local knowledge. 2. Use Support Rating and Water Quality Parameter as given in 2010 Integrated Report. Thank you, Amffda e ,800te, PE Amanda C. Boone; -PE TannofMorr&ille r , r 'Engineer ,(9N 463 62i.6V)6r'k 150 26 W ffI bith u ABoone@to,amofrnorrisville orgt ; MO6 Town Hall Drive;=Su_iteTB` F Morris'villerN 27560� ,+wwaiv; tiownofmorrisville:org Please note that email sent to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Re: NPDES Phase 11 Post -Construction Requirements Subject: Re: NPDES Phase II Post -Construction Requirements From: Bethany Georgoulias <bethany.georgoulias a ncmai1.net> Date: Tue, 03 May 2005 17:42:42 -0400 To: "Jose F. Martinez"<jmartinez@ci.morrisville.nc.us> CC: Bradley Bennett <bradIey.bennett@ncmai1.net>, Mike Randall <mike.randall cr ncmail.net> Jose, As we discussed this afternoon, I was incorrect in instructing the Town that it could implement just the Neuse NSW Stormwater Rule (2B .0235) requirements throughout its jurisdiction and be entirely compliant with the Phase II Post -Construction requirements (as per my 12/14/2004 letter). Morrisville will need to implement a post -construction program that satisfies Phase II requirements (such as the "Model Practices" described in the preliminary draft permit I sent, in Part II, F, number 3 ... those came from the Session Law that implemented Phase II), or another comprehensive plan that is just as protective. We are hoping the 'Universal Stormwater Management Program' we're working on will be an option for local governments to implement for that purpose --especially for communities like yours that have many different requirements (the idea is to cut down on the confusion with a single approach). The link to the briefing our Branch Head will be presenting to the EMC next week on that program is below. Scroll down to the third item and click on 'USMP proposal', and it should take you to the power point presentation that he has put together. htto://h2c.enr.state.nc.us/admin/emc/2005/documents/200505wgc 004.pdf We are proposing that special requirements for NSW waters are part of this program, which would help Towns like yours address those concerns. However, I don't think the specifics on loading limits, etc. have been worked out yet ---and as we both talked about, the process will probably involve considering plans for the Cape Fear/Jordan Lake Nutrient Management Strategy. Take a look at the information and let me know if you think this might be an avenue Morrisville is interested in pursuing. It would be voluntary, so the Town may still opt to either implement the Model Practices in the draft permit, or put together another program (although that might mean a lengthy approval process). If you have any questions, I'll be glad to try and answer them. Regards, Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net , r,,,,,_ 6.� I of 1 5/3/2005 5:43 PM Phase 11 application / stormwater ordinance Subject: Re: NPDES Phase 11 application / stormwater ordinance From: Bethany Georgoulias<bethany.georgoulias@ncmail.net> Date: Thu, 28 Apr 2005 12:00:50 -0400 To: "Jose F. Martinez"<jmartinez@ci.morrisville.ne.us> CC: Bradley Bennett <bradley.bennett@ncmaiLnet>, Jonathan Diggs <jonathan.diggs@ncmaiLnet>, Mike Randall <mike.randall@ncmail.net> Jose, I wanted to follow-up with you before I left this week, but I think it will be best if we talk more next week. Some confusion arose in our group over language in our permit that states "Those areas within the jurisdictional area of the permittee that are already subject to the exisiting state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management practices"...and specifically, what that meant for Towns (such as Morrisville) who do not have one of those programs (including the Neuse Nutrient Sensitive waters Management Strategy), but may choose to implement it. This language is in Part II, 3., Page 11 of 15 in that preliminary draft I sent you. The verdict is that this language refers only to the local governments already subject to these requirements, and even in their jurisdiction, they can not simply expand a program into areas not in the program and necessarily be compliant with Phase II. What does this mean? Unfortunately, it means I misguided the Town somewhat when I said in my letter that the Town could simply implement Neuse NSW Stormwater strategy rules and be compliant with Post -Construction (my sincerest apologies! It has been a long struggle for us to understand how to implement these rules and policies throughout this Phase II process, particularly since I only began here in November!). First, the 'Neuse NSW Strategy' in the draft permit refers to not just the stormwater Rules (2B .0235 that I referenced in my letter), but also to all the intricacies of the Buffer Program (2B .0233), and really all the components listed under the 15A 2B .0232 Rules that are implemented by the local governments. This is a complicated program to implement, and while technically the Town has the option of figuring out a way to propose a similar approach as a "comprehensive watershed protection plan" and prove it satisfies the minimum requirements of Phase II (as per 3.(c) in that same section of the draft permit), that would be a rigorous approval process. But there's hope! And not simply in choosing the 'Model Practices' with low and high density development (though certainly that is still an option for the Town) and then figuring out what to do about addressing NSW streams. DWQ is working on a proposal for a "Universal Stormwater Program" that would be a voluntary plan allowing local governments to satisfy Phase II post -construction requirements; our work on that so far will be available to the public soon, and I can fill you in a little more when we talk next week. This may be a very good option for Morrisville, particularly given its position between two river basins. Ultimately, it may help address nutrient concerns as well. I'd like to talk to you more (this is probably easier to explain in person!), so I'll phone you first thing next week. Have a good weekend, Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net 1 of 4 5/3/2005 12:46 I'M Re: NPDES Phase I1 application / stormwater ordinance Jose F. Martinez wrote: Great, I appreciate your work in this! And this is definitely NOT a priority, but any chance do you know the section of that law or do you have a copy of it (or even a link to it)? When I reference this law, I'd like to at least have read it first! Thank you again, you have a good evening_ Best Regards, Jose F. Martinez III, PE Town of Morrisville Utilities Engineer JMartinez@ci.morrisville.nc.us Ph: (919) 463-6214; Fax: (919) 468-6011 -----Original message ----- From: Bethany Georgoulias [mail to: bethany.georgoulias@ncmail.net] Sent: Tuesday, April 26, 2005 5:18 PM To: Jose F. Martinez Cc: Bradley Bennett; Mike Randall Subject: Re: NPDES Phase II application / stormwater ordinance Jose, We have been discussing your questions this week and are still working on an answer/the best guidance. I can clarify one thing --if the Town implemented the Neuse NSW Strategy Rules, any buy -down money would not have to go to EEP because that is only a stipulation of the original 15 local governments specifically named in the Law. As for the rest ... our Unit will be out at an off -site meeting all day tomorrow, and this is one of the topics. I will be back in the office briefly Thursday morning and will give you any updates I can; I'll be out again Thursday afternoon for the rest of the week, but I wanted to let you know I was working on it! Bethany Georgoulias Environmental Engineer NC DENR DWQ stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net Jose F. Martinez wrote: Great .... your answer at least makes me feel better ... that I didn't know the answer because there isn't one yet! Just keep me informed and we'll make the ordinance work . Have a good weekend. Jose F. Martinez III, PE Town of Morrisville Utilities Engineer JMartinez@ci.morrisville.nc.us Ph: (919) 463-6214; Fax: (919) 468-6011 -----Original Message ----- From: Bethany Georgoulias[mailto:bethany.georgoulias@ncmail.net I Sent: Friday, 2 of 4 5/3/2005 12:46 PM r Phase II application / stormwater ordinance April 22, 2005 3:08 PM To: Jose F. Martinez Cc: Bradley Bennett; Mike Randall Subject: Re: NPDES Phase II application / stormwater ordinance .lose, These are excellent and very, very important questions. Unfortunately I don't have an answer today, as this is an issue that is creating an implementation challenge (to say the least!) in other communities with nutrient concerns, and has prompted internal discussions about situations such as Morrisville's. Our group will be meeting early next week about this issue, and I'll give you a call to discuss it more then. There's a chance the outcome will mean the Town needs to consider another option to fulfill the Post -Construction requirements (but yes, this will still leave the issue of doing "something" to address nutrients for NSW waters). I know it is complicated, and we will do our best to help the Town figure out the best path to take. Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net Jose F. Martinez wrote: Good morning Bethany, I just left you a voicemail but wanted to follow it up here because I tend to explain items a bit better over email. Anyway, we have currently contracted out with an engineering firm to re -write all of our engineering standards including stormwater. As per our NPDES Phase II application, we will be addressing stormwater pollutants as well as stormwater quantity (our current standards only states that post-dev flow has to be equal to or less than pre-dev flow). I am having problems finding the amount of pollutant reduction that is required. Is 344 5/3/2005 12:46 PM Re: NPDES Phase 11 application / stormwater ordinance there a "minimal" requirement or just: that you have to remove something? If there is a minimal reduction requirement of TSS and N2, what are they? Also, my second question (which I talked to some people at DWQ yesterday at a meeting at Bass Lake and they didn't know) is that, if we have a target goal for N2 reduction and also have a buy -down option. Do we have to contribute that buy -down money to the EEP (formerly WRF)? Or can we use that money for our own BMP retrofits here? My reasoning for this is because of our small size, I don't feel that we would be getting too much help with our stormwater enhancement_ And the fact that we are a 10 square mile town (which cannot grow land -wise) most of our stormwater enhancement will be BMP retrofits and NOT stream restoration which I believe is the focus of the EEP fund. To add to the questions.... if there is NOT a minimum level of Nitrogen that has to be removed (just "something" has to be done), and we decided to use 3.6 lbs N/ac/yr to make it easy for developers, then we'd be going over the minimum requirements of just doing "something"....if we then used a buy -down, why would we have to give that money to EEP (because if we would of used a less strict target, then the EEP wouldn't of received any money). Is that clear as mud? Well, as you can see, the Town has some questions. Any help you can offer would be GREATLY appreciated. You can call me if you need to discuss this, or if the answers are easy, an email would work too! I think the first question may be easier to answer than the second, so if you currently only know that, a quick email with the answer to that wouldn't be frowned upon) Thank you! Best Regards, *Jose F. Martinez** III, PE* Town of Morrisville /Utilities Engineer/ _.7Martinez@ci.morrisville.nc.us_ Ph: (919) 463-6214; Fax: (919) 468-6011 4 of 4 5/3/2005 12:46 PM RE: NPDES Phase 11 application/ stormwater ordinance is Subject: RE: NPDES Phase II application / stormwater ordinance From: "Jose F. Martinez" <jmart inez a ci.morrisviIle.nc.us> Date: Tue, 26 Apr 2005 17:28:12 -0400 To: "Bethany Georgoulias"<bethany.georgoulias@ncmail.net> Great, I appreciate your work in this! And this is definitely NOT a priority, but any chance do you know the section of that law or do you have a copy of it (or even a link to it)? When I reference this law, I'd like to at least have read it first! Thank you again, you have a good evening. Best Regards, Jose F. Martinez III, PE Town of Morrisville Utilities Engineer JMartinez@ci.morrisville.nc.us Ph: (919) 463-6214; Fax: (919) 468-6011 -----Original Message ----- From: Bethany Georgoulias [mailto:bethany.georgoulias@ncmail.net] Sent: Tuesday, April 26, 2005 5:18 PM To: Jose F. Martinez Cc: Bradley Bennett; Mike Randall Subject: Re: NPDES Phase II application / stormwater ordinance Jose, We have been discussing your questions this week and are still working on an answer/the best guidance. I can clarify one thing --if the Town implemented the Neuse NSW Strategy Rules, any buy -down money would not have to go to EEP because that is only a stipulation of the original 15 local governments specifically named in the Law. As for the rest ... our Unit will be out at an off -site meeting all day tomorrow, and this is one of the topics. I will be back in the office briefly Thursday morning and will give you any updates I can; I'll be out again Thursday afternoon for the rest of the week, but I wanted to let you know I was working on it! Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georoulias@ncmail.net Jose F. Martinez wrote: Great .... your answer at least makes me feel better...that I didn't know the answer because there isn't one yet! Just keep me informed and we'll make the ordinance work Have a good weekend. Jose F. Martinez III, PE Town of Morrisville Utilities Engineer JMartinez@ci.morrisville.nc.us Ph: (919) 463-6214; Fax: (919) 468-6011 -----Original Message----- ] of 3 4/28/2005 7:57 AM RE: NPDES Phase 11 application / stormwater ordinance From: Bethany Georgoulias(mailto:bethany.georgoulias@ncmail.net] Sent: Friday, April 22, 2005 3:08 PM To: Jose F. Martinez Cc: Bradley Bennett; Mike Randall Subject: Re: NPDES Phase II application / stormwater ordinance Jose, These are excellent and very, very important questions. Unfortunately I don't have an answer today, as this is an issue that is creating an implementation challenge (to say the least!) in other communities with nutrient concerns, and has prompted internal discussions about situations such as Morrisville's. Our group will be meeting early next week about this issue, and I'll give you a call to discuss it more then. There's a chance the outcome will mean the Town needs to consider another option to fulfill the Post -Construction requirements (but yes, this will still leave the issue of doing "something" to address nutrients for NSW waters). I know it is complicated, and we will do our best to help the Town figure out the best path to take. Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georoulias@ncmail.net Jose F. Martinez wrote: Good morning Bethany, I just left you a voicemail but wanted to follow it up here because I tend to explain items a bit better over email. Anyway, we have currently contracted out with an engineering firm to re -write all of our engineering standards including stormwater. As per our NPDES Phase II application, we will be addressing stormwater pollutants as well as stormwater quantity (our current standards only states that post-dev flow has to be equal to or less than pre-dev flow). I am having problems finding the amount of pollutant reduction that is required. is there a "minimal" requirement or just that you have to remove something? If there is a minimal reduction requirement of TSS and N2, what are they? Also, my second question (which I talked to some people at DWQ yesterday at a meeting at Bass Lake and they didn't know) is that, if we have a target goal for N2 reduction and also have a buy -down option. Do we have to contribute that buy -down money to the EEP (formerly WRF)? Or can we use that money for our own BMP retrofits here? My reasoning for this is because of our small size, I don't feel 2 of3 4/28/2005 7:57 AM RE: NPDES Phase 11 application / stormwater ordinance that we would be getting too much help with our stormwater enhancement. And the fact that we are a 10 square mile town (which cannot grow land -wise) most of our stormwater enhancement will be BMP retrofits and NOT stream restoration which I believe is the focus of the EEP fund. To add to the questions.... if there is NOT a minimum level of Nitrogen that has to be removed (just "something" has to be done), and we decided to use 3.6 lbs N/ac/yr to make it easy for developers, then we'd be going over the minimum requirements of just doing "something"....if we then used a buy --down, why would we have to give that money to EEP (because if we would of used a less strict target, then the EEP wouldn't of received any money). Is that clear as mud? Well, as you can see, the Town has some questions. Any help you can offer would be GREATLY appreciated_ You can call me if you need to discuss this, or if the answers are easy, an email would work too? I think the first question may be easier to answer than the second, so if you currently only know that, a quick email with the answer to that wouldn't be frowned upon) Thank you! Best Regards, *Jose F. Martinez** III, PE* Town of Morrisville /Utilities Engineer/ JMartinez@ci.morrisville.nc.us Ph: (919) 463-6214; Fax: (919) 468-6011 3 of 3 4/28/2005 7:57 AM i IIIPIL .- 'IVAv Boaz -,F- -S 5s fVi Q -7509Y wkd 1/tA �21 f'LO -7p-np . AAle -i4ell GJ 5 1.14 aw SN W A rFR pG Michael F. Easley Governor rWilliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 'C Alan W. Klimek, P.E. Director Division of Water Quality January 21, 2005 M.r. John A. Whitson, Town Manager Town of Morrisville P.O. Box 166 Morrisville, North Carolina 27560 Subject: NPDES Phase IT Stormwater Permit Application Permit Number NCS000465 Wake County Dear Mr. Whitson: The Division of Water Quality (DWQ), Stormwater Permitting Unit has reviewed your Phase 11 Stormwater Permit Application and Stormwater Management Program Plan (i.e., Stormwater Plan), received May 4, 2004, and additional information received January 18, 2005. The responses submitted by the Town of Morrisville are adequate to address concerns with the initial application, and with revisions to your Stormwater Plan that reflect the Town's commitments in its January 13, 2005 letter to DWQ, there is sufficient content to continue with the review process and drafting of your permit. Attached is a preliminary draft of your Stormwater permit, based on the information in your application and responses to our additional information request. Please keep in mind that half of the individual stormwater permits for Phase 11 communities are currently in the public notice phase (in addition to the proposed General Permits for small municipal separate storm sewer systems in coastal and non -coastal counties), and the Division anticipates at least minor changes to our permit template, in light of the comments received on those permits. There is also the possibility of other more major changes, so please understand that the attached draft is intended only to provide the Town general guidance on permit structure and an early opportunity for input. We felt it was important to involve the Town as early as possible in the drafting process. The permit's structure may seem general, but this permit is designed to provide a flexible framework for your Town's stormwater management program. This approach is possible because the Stormwater Plan you provide to the Division will be an enforceable component of the permit —which is also the reason we are requesting revisions to your Stormwater Plan before completing the final draft permit. _�n NCQENR Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733.7015 Town of Morrisville 1 /21 /2005 Page 2 of 2 Please provide the revised Stormwater Plan by February 14, 2005. If you have any questions or concerns, please feel free to call me at (919) 733-5083 ext. 529. Sincerely, ` r Bethany A. Georgoulias Environmental Engineer cc: Stormwater Permitting Unit files Central Files Raleigh Regional Office Attachments A DRAFT PERMIT NO. NCS000465 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES DIVISION of WATER QUALITY DRAFT PERMIT NO. NCS000465 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 1'43-215.1, other lawful k .,, standards and regulations promulgated and adopted by the 1°orth Caro ina Environmental Ay Management Commission, and the Federal Water Pollution,�,Control Act is amended, Town of Morrisville is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: ZV 1 ,1 within the IIe jurisdictional Area to receiving waters, Kit Creek, CrabCree CredR.00edar Creek, Stirrup Iron Creek, Turkey Creek, and Indian Creek, within the Neusand Cape Fear River Basins in accordance with the discharge F.I., � limitations, monitoring requirement�s-d other conditions set forth in Parts I,11, III, IV, V, VI, VIl 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 DRAFT PERMIT NO. NCS000465 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS DRAFT PERMIT' NO. NCS000465 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Morrisville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters Kit Creek, Crabtree Creek, Cedar Creek, Stirrup Iron Creek, Turkey Creek, and Indian Creek, within the Ncuse and Cape Fear River Basins. 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 LI 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 and surrounding areas as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with 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. Discharges authorized under this permit shall not cause or contribute to violations of water quality standards. Part I Page 1 of 2 DRAFT PERMIT NO. NCS000465 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 DRAFT PERMIT NO. NCS000465 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 authorities to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. Any changes to the schedule must be approved by the director. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the appropriate components of the Stormwater Plan to assure that, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4 are prohibited. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions 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. 8. The permittee will implement an appropriate post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non- structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part II Page I of 15 DRAFT PERMIT NO. NCS000465 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. Within one year after receiving notice that the permitted MS4 is subject to an approved TMDL, the permittee shall identify any stormwater outfalls that have the potential of discharging the pollutant(s) of concern either to the impaired stream segment or to a tributary of that stream segment and submit a monitoring plan for the pollutant(s) of concern to the Division. The permittee shall submit information on the location of outfalls with the potential for discharging the pollutant(s) of concern in the next Stormwater Management Plan annual report due at least one year after notice of the TMDL. Subsequent annual reports shall include the results of the monitoring. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to submit a timetable for incorporation of those BMPs into the permitted stormwater program. Part 1.1 Page 2 of 15 DRAFT PERMIT NO. NCS000465 SECTION B: PUBLIC EDUCATION AND OUTREACH L 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. BNH"s for Public Education and Outreach The permittee shall implement the following BNIPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. }"1 � � s �, "E r fi 5 445-� ;;- BMP .�', T� 1 ��FSi_i� 7 ti« 2 �.aa r",.. „e.•.1' [ '•7Ltl" J���.�,; '�" $•.I x• �' 4 S s Si ' -,45j, easurible Coils lq�; 14� F F``w�ir..+ - q YR h 1 YR� rl.' ,YRa r NU ,• 1t:q J� �,r2�. �Y ': 3r, L 4 4,n: �'�5., i (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X 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 X materials for schools, material targeting school children, homeowners, and/or homeowners, and/or businesses. businesses (d) Public education Distribute written material through utility X X X X X material dissemination mailouts, at special events, and at high traffic businesses. Part 11 Page 3 of 15 DRAG r PERMIT NO. NCS000465 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION Objectives for Public Involvement and Participation (a) Provide opportunities for the public to participate in program development and implementation. (b) Reach out and engage major economic and ethnic groups. (c) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. 'aBMPN t� le Gbaisfz= MeasurabZIO &VRx PYRYItyR` �YR W wI - (a) Administer a Public Conduct at least one public meeting to X X X X X Involvement Program allow the public an opportunity to review and comment on the Stormwater Plan. (b) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (c) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) stormwater issues and the stormwater program. Part 11 Page 4 of 15 DRAFT PERMIT NO. NCS000465 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. BM -Ps 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. BMPmu-, 101 �. ,Measurable Gl oasYR R., %�arZrs..ss' (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and 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 Complete identification, locations of and X X X X System Base Map mapping of stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. Part 11 Page 5 of 15 DRAFT' PERMIT NO, NCS000465 ��' �` BMP • � `" Mae �_Goals4- _ Y�R Y�R� YR YR Y�> MICA 5 (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 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. Part 11 Page 6 of 15 DRAFT PERMIT NO. NCS000465 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. ,ry= ur�r �, �, Measurable Goals ,y ' F 3 � A�',.,r.?1raz:ti3c.4 4YR ) � i�rt r YR A�Kriti ,YR , yR �, yR, ,. (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. (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 uality impacts. Part 11 Page 7 of 15 DRAFT PERMIT NO. NCS000465 r� t �� BMp� '' r rz. E�1Vleasu`r'able gals $,ate t rya G YR*YRYR YR;: " 6'F .A.'%v y a ' r *SA F. kx_� n� x. k En (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 program. (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-u2 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 NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the above requirements by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution .Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. The Division of Land Resources has delegated this program to Wake County for implementation within the jurisdictional area of The Town of Morrisville. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Part 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The Town of'Morrisville must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The Tow)? of Morrisville may implement a plan promoting the existence of the NCDENR Division of Land Part I1 Page 8 of 15 DRAFT PERMI,r NO. NCS000465 Resources "Stop Mud" hotline to meet the requirements of this section. Part I Page 9 of 15 DRAFT PERMIT NO. NCS000465 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development I redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Ensure long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. ' � ffiffi_111� :c^;wS"t+�"4 toeasurableGoals Y YRR 2 3;� _. Sr (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X 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) Establish strategies Develop and implement strategies that X X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Ensure adequate MS4 long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X 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. (d) Establish trout waters Develop, adopt, and implement an Part 11 Page 10 of 15 DII;f1FT PERMIT NO. NCS000465 firs * )i3. `131VII y � i 4.:4�.�"t°�' il;�'c5 .��rr 1�a$ '' r a:ru z E ate$! 3 , b ]Measurable Goals ° 4 .F�t� � �•::s .v'�,1�� �.? yattY1�. 7.H.��1�A"'.&��':!+�Yoc-0����,��r?� c� J ,7�¢c� R)� �'i �T�.`.y'��7 .. sY�Rt 5i����f �YR ," s r �� Y�R .s�. !.��+ ' 6M i��J (Tr) protection ordinance (or similar regulatory measures (for programs mechanism) to ensure that the best with development or management practices selected do not redevelopment draining result in a sustained increase in the to Tr waters) receiving water temperature. (e) Establish nutrient Develop, adopt, and implement an X 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 development or nutrient loading is selected. In areas redevelopment draining where the Environmental Management to NSW waters) Commission 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 Program. 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 exi� sting 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 post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the 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.. Part 1.1 Page t i of 15 DRAFT PERMIT NO. NCS00046S 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 all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 12 of 15 DRAFT PERMIT NO. NCS000465 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. BMWs 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. 1.11 � BMI? i ; ; Measurable.Goals; �' '.' ­;�M(W ��Y xle � "R� .ar ny A. sX' a 4E r r 1 3�.:45; ZFr. sat"�sP��l>a . (a) Develop an operation Develop an operation and maintenance X X X -X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities operations owned and operated by the and operations permittee with the potential for generating polluted stormwater runoff. Specifically inspect the potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping rocedures. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Specifically 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 II Page 13 of 15 DRAFT PERMIT NO. NCS000465 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, monitoring and sampling, inspections, maintenance activities, educational programs, implementation of BMPs, and enforcement actions. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 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 [Set date two months after permit year's end] of each year and cover the previous year's activities from [Insert start date] to [Insert end date]. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and Part IH Page i of 2 DRAFT PERMIT' NO. NCS000465 review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. (g) The permittee will provide information concerning areas of water quality improvement or degradation. Depending on the level of implementation of the Stormwater Plan, this information may be submitted based on pilot studies, individual projects or on a watershed or sub -watershed basis. 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 ❑t Page 2 of 2 DRAFT PERMIT NO. NCS000465 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Monitoring Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit for a period of at least 5 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: {i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization 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 environmentallstormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page i of 3 DRAFT PERMIT NO. NCS000465 3. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of sampling, measurements, inspection or maintenance activity; (b) The individual(s) who performed the sampling, measurements, inspection or maintenance activity; (c) The date(s) analyses were performed; (d) The individual(s) who performed the analyses; (e) The analytical techniques or methods used; and (f) The results of such analyses. 4. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes or activities which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants that are not specifically listed in the permit or subject to notification requirements in 40 CFR Part 122.42 (a). 5. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes that may result in noncompliance with the permit requirements. 6. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part IV Page 2 of 3 DRAFT PERMIT NO. NCS000465 The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 7. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 8. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 9. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 3 of 3 DRAFT PERMIT NO. NCS000465 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY I. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §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 1.43-215.6A] (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 (3) U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V Page 1 of 6 DRAFT PERMIT NO. NCS000465 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). 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, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 DRAFT PERMIT NO. NCS000465 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 DRAFT PERMIT NO. NCS000465 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the 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 DRAFT PERMIT NO. NCS000465 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 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 DRAFT PERMIT NO. NCS000465 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 DRAF'r PERMIT NO. NCS000465 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part V1 Page 1 of 1 DRAF`C PERMIT NO. NCS000465 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 1 of 1 DRAFT PERMIT NO. NCS000465 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. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Department Department means the North Carolina Department of Environment and Natural Resources 5. Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. 6. Director The Director of the Division of Water Quality, the permit issuing authority. 7. EMC The North Carolina Environmental Management Commission. S. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 9. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Part VI[I Page 1 of 4 DRAFT PERMIT NO. NCS000465 10. 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. 11. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 12. Municipal Separate Storm -Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 13. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). Part VIII Page 2 of 4 DRAFT PERMIT NO. NCSO00465 14. Non-structural BMP Nan -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. 15. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 16. Permittee The owner or operator issued this permit. IT 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. 18. Redevelopment Means any rebuilding activity other than a rebuilding activity that; 7. Results in no net increase in built -upon area, and Provides equal or greater stormwater control than the previous development. 19. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Part V III Page 3 of 4 DRAFT PERMIT NO. NCSO00465 20. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 21. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be found at http://h2o.enr.state.tx.us/tmdl/TMDLs.htm) 22. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V III 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 11/6/2002 THE TOWN OF MORRISVILLE DAVID P. HODGKINS, TOWN MANAGER P.O. BOX 166 MORRISVILLE, NC 27560-0166 Subject: NPDES Phase I1 Stormwater Program 2000 U.S. Census - Notification of Coverage David P. Hodgkins: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted Stormwater runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Morrisville has been identified as being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Morrisville does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is I8 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http:llh2o.enr.state.ne.uslsu/stormwater.htm1. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525)w Darren England (919-733-5083, ext. 545) Sincerely, J �1 - Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office ��A NCDERR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1-800-623-7748