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
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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.
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(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.
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(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.
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(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
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(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.
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(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
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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.
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(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
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(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.
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(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
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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.
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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.
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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.
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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;
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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