NCS000480_FINAL PERMIT_20061231

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
i V CS o
DOC TYPE
/FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ �-DD(o (GZJ�I
YYYYMMDD

TOWN OF RUTHERFORD COLLEGE
Post Office Box 406 • 950 Malcolm Blud,
MAYOR Rutherford College, N.C. 28671
Jim O. Huffman, Sr. Telephone: f828) 874-0333
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December 31, 2006
Mr. Mike Randall
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. Randall:
TOWN CLERK
Gayne!(-�R�fT
NA2Z
t�
This Ietter is to document that the Rutherford College First Annual Report for Permit
NCS000480 was submitted to you electronically today at your e-mail address:
[e-mail]
The following certification is made as required in the reporting and record keeping
section of the permit:
"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."
If you have any questions, please contact Gaynell Donnelly at 828-874-0333.
Sincerely,
Gaynell Donnelly
Clerk

Rutherford College
First Annual Phase II Stormwater Permit Report
PERMIT #NCS000480
Introduction
A proposed stormwater management program (SWMP) was developed and
submitted with the Rutherford College National Pollutant Discharge Elimination
System (NPDES) Phase II permit application for the municipal separate storm sewer
system (MS4). Permit Number NCS000480 was issued to Rutherford College by the
North Carolina Department of Environment and Natural Resources (NCDENR)
under authority of the North Carolina Environmental Management Commission and
the Federal Water Pollution Control Act. The permit was effective September 1,
2005, and allows the discharge of.stormwater from the MS4 under the NPDES
regulations to the various receiving waters and their tributaries within the Catawba
River basin in accordance with the provisions of the permit.
Section A, the Program Implementation section of the permit, requires that the
SWMP be implemented and managed such that the discharge of pollutants from the
MS4 is reduced to the maximum extent practicable.
Purpose
Part III, the Program Assessment section of the permit requires that the SWMP be
reviewed and updated on an annual basis. The Program Assessment section also
requires that a report be submitted to NCDENR on an annual basis by December 1st
of each year to document the previous year's activities from December 1 to
November 30. The stated purpose of this report is a detailed description of the
status of implementation,of the SWMP.
Report Format
Each of the six minimum measures of the permit are listed in detail (Objectives
followed by BMP table). Following each of the six minimum measures, information
regarding additional program details, ongoing local efforts and goals. -

PUBLIC EDUCATION AND OUTREACH
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.
BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of
the Public Education and Outreach Program
BMP
Measurable Goals
(a) Establish a Public
Develop a public education program and implement
Education and Outreach
within 12 months of the permit issue date.
Program
Document efforts to reach the majority of the
general public.
(b) Informational Web Site
Develop and maintain internet web site. Post
newsletter articles on stormwater, information on
water quality, stormwater projects and activities,
and ways to contact stormwater management
program staff.
(c) Public education
Develop general stormwater educational material to
materials for schools,
appropriate target groups as likely to have a
homeowners, and/or
significant stormwater impact. Instead of
businesses
developing its own materials, the permittee may rely
on state -supplied Public Education and Outreach
materials, as available, when implementing its own
prog ram.
(d) Public education material
Distribute written educational material to a broad
dissemination
public audience. Possibilities include, but are not
limited to utility mailouts and at special events.
Develop public education materials for schools, homeowners, and/or businesses
requires the development of general stormwater educational material to appropriate
target groups likely to have a significant stormwater impact. Various educational
F4

materials are obtainable from the EPA, NCDENR, NCSU Cooperative Extension,
and other organizations. The themes of these materials range from limiting the use
of fertilizers and pesticides, washing vehicles in the yard instead of the driveway,
picking up pet waste, recycling household hazardous waste, recycling motor oil,
constructing rain gardens, to various other topics for the local homeowners. Themes
of materials for businesses mainly target increased awareness of the environmental
impacts of various business actions. The educational materials for schools are
readily available from various sources such as the Office of Environmental
Education and www.ncstormwater.org for inclusion into the school curricula. We are
still researching the best way to attempt the inclusion of some of the materials.
Staff will continue to work toward improving the public education and outreach
program by building upon the progress made by more active local partners. Develop
website and/or links will be a priority.
This BMP requires that written educational materials be distributed to a broad public
audience. Staff is associated with the Phase II Stormwater Working Group from the
local governments in Alexander, Burke, Caldwell, and Catawba Counties. This
group is facilitated by the Western Piedmont Council of Governments (WPCOG).
The purpose of this group is to work together toward public education and
involvement, the common development of ordinances, and any other matters related
to stormwater management. The group has formed teams to immediately work on
the public education and involvement BMPs, as well as the post -construction
ordinance.
Events and festivals where it is practical to display materials and have handouts
concerning the prevention of stormwater pollution will continue to be used to
disseminate information to the public. The focus of these events and festivals must
be such that discussions can be held with the public. The Riverfest Festival is
scheduled yearly for the second weekend in September as an example. Staff
members will attend/support the festival to meet the public and discuss stormwater
pollution prevention. A display and handouts concerning stormwater pollution
prevention will also be available for public education. Meetings with school officials
this next year will be a priority in order to schedule presentations to the appropriate
school groups.
The declining circulation of the area newspapers makes the dissemination of written
information more difficult. However, we also plan to continue to use this medium to
reach the public.
NCDENR is working to complete television and radio public service announcements
concerning preventing stormwater pollution. When those are available, local media
will be contacted to air these public service announcements. The various material
that has been developed by such organizations as NCDENR will continue to be used
in the appropriate media and settings to work toward public education and outreach.
3

PUBLIC INVOLVEMENT AND PARTICIPATION
Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and
ethnic groups, to participate in program development and
implementation.
(b) Comply with applicable state and local public notice requirements.
BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of
the Public Involvement and Participation Program.
BMP
Measurable Goals
(a) Administer a Public
Develop and implement a Public Involvement
Involvement Program
and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to allow the
opportunity to review and
public an opportunity to review and comment on
comment on the
the Stormwater Plan.
stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer stormwater
community involvement
related program designed to promote ongoing
program
citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
Group(s)
stormwater issues and the stormwater program.
Organize a volunteer community involvement program requires that a program be
developed to organize, implement, and promote ongoing citizen participation.
Establish a Citizens' Group(s) requires the development of a group of citizens for
input on the stormwater program in the second permit year. We will continue to
research ways to increase the involvement of the community in general, as well as
business and professional groups in .the second permit year. Us of existing groups
such as the Planning Board will be considered.
4

ILLICIT DISCHARGE DETECTION AND ELIMINATION
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 storm sewer
system.
(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.
BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of
the Illicit Discharge Detection and Elimination Program.
5

BMP
Measurable Goals
(a) Develop/implement
Develop and implement an Illicit Discharge
Illicit Discharge Detection
Detection and Elimination Program. Include
and Elimination Program
provisions for program assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal authorities to
appropriate legal
prohibit illicit discharges and enforce the approved
authorities
Illicit Discharge Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map stormwater
System Base Map
drainage system components. At a minimum,
mapping components includes outfalls, drainage
areas, and receiving streams.
(d) Implement illicit
Implement inspection program to detect dry
discharge detection
weather flows at system outfalls. Establish
procedures
procedures for tracing the sources of illicit
discharges and for removing the sources. Develop
procedures for identification of priority areas likely
to have illicit discharges. Continue to identify,
locate, and update map of drainage system
components on a priority basis per approved Illicit
Discharge Program.
(e) Conduct employee
Conduct training for city staff on detecting and
cross -training
reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and the
education
general public of hazards associated with illegal
discharges and improper disposal of waste that
cause adverse water quality impacts.
(g) Establish a public
Establish and publicize a reporting mechanism for
reporting mechanism
the public to report illicit discharges.
Little time was spent planning and developing our illicit discharge detection and
elimination program. The second permit year will be used to develop a map of the MS4,
continue to develop a program for detecting and eliminating illicit discharges to the MS4,
modify existing ordinances to prohibit illicit discharges, authorize inspections, and
require the elimination of the source discharge, as well as continue to develop outreach
programs.
Needs to establish procedures for tracing the sources of illicit discharges and for
removing the sources is also a requirement to be met. Development of a map of the
drainage system components on a priority basis in accordance with the approved Illicit
Discharge Program is another.
T

The plan for detection and elimination of illicit discharges has three components. The
initial mapping operation is the first component. Field inspections, which will be
coordinated with the mapping operation are the second component. The source
identification and elimination operation will be the third component. The authority to
perform inspections on private property will be developed in conjunction with the post -
construction ordinance. Dry weather flows during the field inspections, or complaints
generated by the public or municipal personnel, will be the first indicator of a possible
illicit discharge. Visual observations and testing will confirm whether or not the
discharge is illicit. The enforcement mechanism for elimination of illicit discharges will
be developed in conjunction with the post -construction ordinance. Possible illicit
discharges can be reported to the state 800 number and message forwarded to local
staff.
A component of the public education process is to use the various media available to
inform the public about illicit discharges and how to report them. An important part of
that process is to educate public employees, businesses, and the general public
concerning what an illicit discharge consists of, and not to use the storm drainage
system to dispose of any materials that are considered illicit if they are placed in the
storm drainage system. Therefore, a part of our public education effort concentrates on
informing the public that the storm drainage system is not connected to the wastewater
treatment plant. A part of that program specifically targeted at businesses will the right
to inspect floor drains to make sure that they are not connected to the storm drainage
system. Again, the timing of these inspections will be contingent upon the ordinance
being developed.
7

CONSTRUCTION SITE RUNOFF CONTROLS
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.
BMPs for Construction Site Runoff Controls
The permittee shag implement the following BMPs to meet the objectives of
the Construction Site Runoff Control Program and shall notify the Division
prior to modification of any goals.
BMP
Measurable Goals
(a) Implement a program
Develop a regulatory mechanism and implement a
and establish a regulatory
program requiring erosion and sediment controls
mechanism for erosion and
at constructions sites and providing for sanctions
sediment control
to ensure compliance.
(b) Develop requirements
Require construction site operators to implement
on construction site
erosion and sediment control BMPs and to control
operators
construction site wastes that may cause adverse
water quality impacts.
(c) Provide educational and
New materials may be developed by the permittee,
training materials for
or the permittee may use materials adopted from
construction site operators
other programs and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
procedures that incorporate water quality
considerations in construction site plan reviews.
(e) Establish public
Establish procedures for receipt and consideration
information procedures
of erosion and sedimentation information
submitted by the public. Publicize the procedures
and contact information. The procedures must
8

lead directly to a site inspection or other timely
follow-up action.
(f Establish inspection and Establish procedures for site inspection and
enforcement procedures enforcement of control measure requirements. The
procedures should include prioritizing areas of
inspections based on local criteria.
No activity. The municipality is covered by the State Erosion and Sediment Control
Program.
E

POST -CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development /redevelopment that
that drains to the MS4 and disturbs an acre or more of land surface,
including projects less than an acre that are part of a larger common
plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance
of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
BMPs for Post -Construction Site Runoff Controls
The permittee's Stormwater Management Ordinance and any subsequent
amendments and the additional BMPs below shall be implemented
throughout the permittee's jurisdictional area to meet the objectives of the
Post -Construction Site Runoff Control Program.
BMP
Measurable Goals
(a) Establish a Post
Develop and adopt by ordinance (or similar
Construction Stormwater
regulatory mechanism) in year 1-2, to address
Management Program
post -construction runoff controls for new
development and redevelopment.
(b) Establish strategies
Provide a mechanism to require long-term
which include structural
operation and maintenance of structural BMPs.
and non-structural BMPs
Require annual inspection reports of permitted
appropriate for the MS4
structural BMPs performed by a qualified
professional.
(c) Establish a program to
Control the sources of fecal coliform to the
control the sources of fecal
maximum extent practicable. Develop and
coliform to the maximum
implement an oversight program to ensure proper
extent practicable
operation and maintenance of on -site wastewater
treatment systems for domestic wastewater.
Municipalities must coordinate this program with
the county health department.
This BMP requires the development of an ordinance or similar regulatory
mechanism to address post -construction runoff controls for new development and
redevelopment by the end of the second permit year. The ordinance development
was not completed in the first permit year. The requirements for post -construction
runoff controls are similar to existing provisions of the Watershed Protection
I"

Ordinance. The only areas effected are those outside the Critical and Protected WS-
IV watersheds. Only, model ordinance components related to Illicit Discharge
Detection may need to be adopted.
This BMP requires that a mechanism be developed to require long-term operation
and maintenance of structural BMPs. Also, annual inspection and reports of
permitted structural BMPs are to be performed and submitted by a qualified
professional. The ordinance development was not completed in the first permit year.
The requirements for long-term operation are similar to existing provisions of the
Watershed Protection Ordinance -The annual inspections and reports would be a
part of the ordinance.
Staff attended a local training session at WPCOG with Richard Whisnant of the UNC
School of Government on September 19 on the requirements for the post -
construction ordinance. Some preliminary thinking has begun about how a new
ordinance can be drafted to coordinate with the current watershed protection
ordinance.
This BMP requires that the sources of fecal coliform be controlled to the maximum
extent practicable. Also, the development and implementation of an oversight
program to ensure proper operation and maintenance of on -site wastewater
treatment systems for domestic wastewater is required. Municipalities must
coordinate this program with the county health department. During the first permit
year we did not implement an oversight program. We are still researching the best
way to implement this program since we must rely strictly on the County Health
Department for this function.

POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
(a) Prevent or reduce stormwater pollution from municipal operations.
BMPs for the Pollution Prevention and Good Housekeeping for
Municipal Operations
The permittee shall implement the following BMPs to meet the objectives of the
Pollution Prevention and Good Housekeeping Program.
BMP
Measurable Goals
(a) Develop an operation
Develop an operation and maintenance program
and maintenance program
that has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and operations
evaluation of facilities,
owned and operated by the permittee with the
operations, and the MS4
potential for generating polluted stormwater runoff,
system and associated
including the MS4 system and associated structural
structural
BMPs. Inspect potential sources of polluted runoff,
BMPs
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 pollution
prevention and good housekeeping procedures.
(d) Review of municipality
Conduct annual review of the industrial activities
owned or operated regulated
with a Phase I NPDES stormwater permit owned
industrial activities
and operated by the permittee. Review the
following aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports required by the
Phase I permit, and the results of inspections and
subsequent follow-up actions at the facilities.
The development of an operation and maintenance program that has the ultimate
goal of preventing or reducing pollutant runoff from municipal operations.
12

The development of an inventory of all facilities and operations owned and operated
by the permittee with the potential for generating polluted stormwater runoff,
including the MS4 system and associated structural BMPs. Another requirement is
to inspect potential sources of polluted runoff, the stormwater controls, and
conveyance systems. An evaluation of the sources, documentation of deficiencies,
planning for corrective actions, and documentation of the accomplishment of
corrective actions is also required.
The mapping/inventory of the MS4 and inspections of the storm drainage structures
will be conducted in conjunction with the MS4 mapping process. Inspections will be
conducted at the facilities where industrial permits are required, in accordance with
the stormwater pollution prevention plans. Documentation of corrective actions
taken will be accomplished using the existing work order system.
This BMP requires that an annual review of the industrial activities with a Phase I
NPDES stormwater permit owned and operated by the permittee be conducted. The
following aspects shall be reviewed: 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.
Inspections will be conducted and the stormwater pollution prevention plans will be
reviewed and updated. Monitoring will be conducted as required by NPDES Phase II
regulations. Actions will then be taken to reduce stormwater pollution as required by the
stormwater pollution prevention plans.
CONCLUSION
The municipalities' stormwater activities in the first year of the permit were primarily
aimed at staff education. The municipality is engaged in the process of developing a
stormwater program which will meet the State Permit requirements. Staff has also met
with the Western Piedmont Council of Governments Stormwater Working Group to learn
more about stormwater issues, share resources and coordinate efforts where
applicable. Development of this program is a major task for the municipality. Adequate
staff to implement the program does not currently exist. The first year of our permit has
primarily been spent learning about the Federal/State Stormwater requirements and
stormwater programs throughout the State_ Our next phase will primarily be devoted to
planning and obtaining the necessary resources that will allow for actual implementation
of the municpalitie's stormwater program. Development of a stable source of increased
funding for the NPDES Phase II stormwater program will be ongoing to assure permit
requirements can be met.
13

ATtLA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
September 12, 2005
Mayor Jimmy 0. Huffman, Sr.
P.O. Box, 406
950 Malcome Boulevard
Rutherford College, NC 28671
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NPDES Permit Number NCS000480
Town of Rutherford College, Burke County
Dear Mr. McCaslin;
In accordance with your application for a stormwater discharge permit submitted on April
29, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611 -7447, Unless such demand is made, this decision
shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
ce: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] FAX: [phone]nternet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturally

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000480
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Town of Rutherford College
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Rutherford College Jurisdictional Area
Burke County
to receiving waters, Catawba River, Hoyle Creek, Island Creek (Lail Creek), and Smith Branch,
within the Catawba River basin in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof.
This permit shall become effective October 1, 2005.
This permit and the authorization to discharge shall expire at midnight on October 1, 2010.
Signed this day September 12, 2005.
Alan W. Klimek, P,E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000480
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: I.LLICIT DISCHARGE DETECTION AND ELIM(TIATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS

PERMIT NO. NCS000480
PART I PERMIT COVERAGE
1. During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Rutherford College is authorized to discharge stormwater from
the municipal separate storm sewer system (MS4) to receiving waters, Catawba River,
Hoyle Creek, Island Creek (Lail Creek), and Smith Branch, within the Catawba River
Basin. Such discharge will be controlled, limited and monitored in accordance with the
permittee's Comprehensive Stormwater Management Program Report, herein referred to
as the Stormwater Plan. The Stormwater Plan includes components of the permittee's
Phase H Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit
Application Comprehensive Stormwater Management Program Report and any approved
modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater PIan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
Part I Page 1 of 2

PERMIT NO. NCS000480
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commerciallresidential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000480
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
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 a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part 11 Page 1 of I I

PERMIT NO. NCS000480
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.
Part 11 Page 2 of 11

PERMIT NO. NCS000480
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
3'at�uYY,C Ax#
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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
material to appropriate target groups as
homeowners and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part Il Page 3 of I I

PERMIT NO. NCS000480
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permitter, 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) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(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.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part H Page 4 of 1 t

PERMIT NO. NCS000480
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs. for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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(a) Develop/Implement
Develop and implement an Illicit
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
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map
X
X
X
X
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
Part II Page 5 of 1 I

PERMIT NO. NCS000480
�BMP
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(d) Implement illicit
Implement an inspection program to
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
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 H Page 6 of I I

PERMIT NO. NCS000480
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 relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment
Control Program to comply with this minimum measure.
The NCDENR Division of Land Resources Erosion and Sediment Control Program effective
meets the requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities less than
one acre that are part of a larger common plan of development. This program is authorized under
the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, and procedures for site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and b, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter; and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline
to meet the requirements of this paragraph.
The permittee may pursue local government implementation of the Erosion and Sediment
Control Program by requesting a "minor modification" to the permit.
Part II Page 7 of 11

PERMIT NO. NCS000480
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development 1 redevelopment that drains to
the MS4 and disturbs an acre or -more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
BMP ,`�
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2
4.
(a) Establish a Post-
Develop, adopt by ordinance (or similar
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
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a
MS4
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
ualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
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.
Part F Page 8 of 11

PERMIT NO. NCS000480
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the 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.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A)The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 1-year 24-hour storm. Runoff volume
drawdown time must be a minimum of 24 hours, but not more than
I20 hours;
Part H Page 9 of I I

PERMIT NO. NCS000480
(S) 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 U Page 10 of 11

PERMIT NO. NCS000480
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
s"1�e'L,� )•.tYtYa°.�
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`able CoalsgN� �'
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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
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
X
pollution prevention and good
housekeeping procedures.
Part II Page I I of I 1

PERMIT NO. NCS000480
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater. activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation will be kept on -file by the
permittee for a period of five years and made available to the Director or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
December I of each year and cover the previous year's activities from October I through
September 30. The permittee's reporting will include appropriate information to
accurately describe the progress, status, and results of the permittee's Stormwater Plan
and will include, but is not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Page I of 2

PERMIT NO. NCS000480
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2

PERMIT NO, NCS000480
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least S years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(i) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmentallstormwater matters; and
(ii)) 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 1 of 2

PERMIT NO. NCS000480
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part in of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2

PERMIT NO. NCS000480
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is,
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or405 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. §246t note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any CIass I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 1.1 violations
Part V Page 1 of 6

PERMIT NO. NCS000480
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 (3 t U.S.C. §370 t
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.
S. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6

PERMIT NO. NCS000480
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. , .
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6

PERMIT NO. NCS000480
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000480
SECTION C: MONITORING AND RECORDS
I. 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.
1
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Part V Page 5 of 6

PERMIT NO. NCS000480
(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 143-215.6B or in Section 309 of the Federal
Act.
Part V Page 6 of 6

PERMIT NO. NCS000480
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 VI Page 1 of 1

PERMIT NO. NCS000480
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

PERMIT NO, NCS000480
PART VIII DEFINITIONS
I. Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part VIII Page 1 of 4

PERMIT NO. NCS000480
6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director'of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System MS4
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
i. Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
Part VIH Page 2 of 4

PERMIT NO. NCS000480
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
15. Non-stormwater Discharge Cate ones
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).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
Part VII1 Page 3 of 4

PERMIT NO. NCS000480 '
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity,
1. Results in no net increase in built -upon area, and
2. Provides equal or greater Stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load TMDL
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
poilutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4

�._ 0f W A rFR
O �G
7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Date: July 20, 2005 From: Sarah Young, NC Division of Water Quality
To: The News Herald Subject: Public Notice
Number: 828-437-5372 Pages: 1
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, July 26, 2005. Please fax a copy of the proof to me at 919-733-9612 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENRIDWQ Stormwater Permitting Unit
1617 Mail Service Center
Haleign, NG 2/b99-1bl
PUBLIC NOTICE
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
The Town of Valdese has applied for an NPDES Phase II Stormwater Permit to discharge stormwater
from their municipal separate storm sewer system (MS4) located within the Town of Valdese jurisdictional
area, Burke County, to receiving waters, Double Branch, Dye Branch, McGalliard Creek, Micol Creek and
Hoyle Creek, within the Catawba River Basin. All comments and requests should reference draft permit
number NCS000488.
The Town of Drexel has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from
their municipal separate storm sewer system (MS4) located within the Town of Drexel jurisdictional area,
Burke County, to receiving waters, Catawba River, Double Branch Creek, Howard Creek, and Secrets
Creek, within the Catawba River basin. All comments and requests should reference draft permit number
NCS000487.
The Town of Rutherford College has applied for an NPDES Phase II Stormwater Permit to discharge
stormwater from their municipal separate storm sewer system (MS4) located within the Town of
Rutherford College jurisdictional area, Burke County, to receiving waters, Catawba River, Hoyle Creek,
Island Creek (Lail Creek), and Smith Branch, within the Catawba River basin. All comments and requests
should reference draft permit number NCS000480.
The City of Morganton has applied for an NPDES Phase 11 Stormwater Permit to discharge stormwater
from their municipal separate storm sewer system (MS4) located within the City of Morganton
jurisdictional area, Burke County, to receiving waters, Catawba River, Hunting Creek, Fiddlers Runs, East
Prong, Warrior Fork, Wilson Creek, Canoe Creek, Little Silver Creek, Silver Creek, Bailey's Fork, and Pee
Dee Branch, within the Catawba River basin. All comments and request should reference draft permit
number NCS000498.
Comments must be received no later than September 2, 2005. Copies of the draft permits are available at
http://h2o.enr,state.nc.us/su/phase2_draft_permits.htm or by contacting:
Mike Randall Telephone Number: (919)-733-5083, extension 545
NC Division of Water Quality [e-mail]
1617 Mail Service Center
Raleigh, NC 27699-1617
N" ENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

:The
has
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CLIPPING OF
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ADVERTIJEMENT
ATTACHED HERE
���1 PUBLIc Nance ��;
STATE :WOF NORTH
CAROLINA i' ENVIRON-
iMENTAO' 7,MANAGE
MENTCOMMISSION -�4;
:1fi17,''4MAIL=, 'SERVICE
CENTER',, RALEIGH,
.NORTH.'fCAROLINA
has 3'4pplled'.: }orY4lan
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Storrnwaler : � Permit i;� to
dischargge' stormwater.
}r9rrl? haicl:municipal'
separate .!,storm - sewer.'
system w%(M54J "t`locato
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dose rlsdlctibn _I
erea�'Burke � County; [o
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Creek; Mkiot(Creek�and.
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%� f?ermit�:to
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from nthafr munfclpaI
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system ,id (MS4 located
;within ;;the ;own ,,=::of
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area„Burrkka FCounty,t'to
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awba"'River, ;;Double
Brarrcft' Creek,"ff Howard'
Greek xr"rind cSecrets'
Creek, wfthin the',,Col.
awba :;River ! baslri.;='All
comments Viand -;Cre-
quests x;should:=;lrafer-'
once,'draft?permit :ndm
+ un tvwmorutlutner-
ford Cof]ege�',has�ap-'
ppliad, �for�^ah=�NPDES`
Phase liw l l '-^Stormwater
Permit �zto'';'discharge
storntwater;!�-;froih kthelr
munfclpal _};r,separate`
stormaewor,:asystem
(MS4 t'Iocatod ilwith 16
the r;Vo"wn,'of..,Rutherford>
Co11e9e °kjurisdlctlonal _J
area,. Burke•::County,:: to
receiving',gwaters, as�Cat4
awba ;River;y'„-Hoyle
if
craek;`;ti=Island _: reak=
f f (Lail,Creeky and �:Smlth'
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awba Rjv r?basin,"j;Alh
I' cgmtne�ts ;;end.;�re:'
quests';;,shQd. ,'iefor.
e%, "draft i rm m=;
Y ber NCS000480:'` � - ,
` The. City
'of Morganton'
has.'; applied,;: tor,,''an : .
,-NPOES ;'Phase_„:111
Storaiwater a Permit'-,, to,
:discargge' ;stormwater,
iroing6,: thefr,':;munfclpal
`separate storm sewer
system (M94) ._ located
NORTH CAROLINA
BURKE COUNTY am
AFFIDAVIT OF PUBLIC
Before the undersigned, 10'Pn
ubligof s
County and State, duly co ed,c*ali -i
and authorized by law, tster o9ths, 3'personally appeared Davidley Q z
who being first duly sworn, p
that he (she) is Publisher •�
of THE NEWS HERALD, published, issued, and
entered as second class mail in Morganton, in said
County and State; that he (she) is authorized to
make this affidavit and sworn statement; that the
notice or other legal advertisement, a true copy of
which is attached hereto, -..was published in The
News Herald on the following dates:
and that the said newspaper in which such notice,
paper, document, or legal advertisement was
published was, at the time of each and every such
publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597
of the General Statutes of North Carolina and
qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North
CaroIin .,
This day of ugust, 605
1r /"
Publisher, Assistant P/ubhE
Sworn to and subscriefcthis fY dayofst,
Notary Public
My Commission Expires 01-23-2006