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NCS000481_OTHER_20080619
STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT . ❑ APPLICATION ❑ COMPLIANCE b/oTHER DOC DATE ❑ a'd U�` O YYYYMMDD TOWN OF MAIDEN NORTH CAROL.INA 28650 P.O. BOX 125 • (828) 428.5000 FAX (828) 428-5017 • TDD 800-735-2962 June 19, 2008 Mr. Mike Randall NCDENR Storm Water Permitting DWQ 1617 Mail Service Center Salisbury St. Raleigh,'NC 27604-1617 Dear Mr. Randall The Town of Maiden, population 3,700 est, is requesting our NPDES Permit No. NCS000481 be rescinded and a waiver granted pursuant to 40 CFR 122.32. In evaluating the waters bodies as they enter and leave the Town of Maiden it does appear that storm water controls are not needed based on the waste load allocations that are part of an EPA approved or established TMDL. The Town of Maiden anticipates future discharges from the town do not have the potential of exceeding water quality standards, including impairment of designated uses, or significant water quality impacts, including habitat and biological impacts. Under Session Law 2006-246, post -construction stormwater management requirements will be implemented in the Town of Maiden water supply watershed area(s) of incorporated Catawba County and within the Town of Maiden incorporated area(s) of Lincoln County. We believe that these requirements, along with the other measures the Town has implemented will minimize the impacts due to polluted stormwater runoff within the jurisdiction of the Town of Maiden. Town staff routinely visit areas within its jurisdiction with an eye out for illicit discharges to storm drains and waterways. Additionally we work with the Western Piedmont Council of Governments Stormwater Working Group to insure we are increasing the educational opportunities available to staff members. The town actively pursues pollution prevention maintaining an inventory of municipal facilities and operations with the potential for generating polluted stormwater runoff, including the MS4 system and associated 13MPs. Town staff as part of their daily duties inspect municipal facilities and operations for potential sources of polluted runoff, the stormwater controls and conveyance systems with the ultimate goal of preventing or reducing pollutant runoff. The Town of Maiden will continue to protect its water quality through its Stormwater management efforts as outlined below: - Catawba County currently provides construction inspection and regulations to regulate Stormwater from construction sites. - The Town of Maiden along with Catawba County currently has policies in place that regulate subdivisions whereby they issue permits, and conduct inspections. The Town of Maiden will continue its partnership with Catawba County to regulate storm waters.. - The town has used and will use workshops, its website,.and newsletters to provide education information on Stormwater issues. - The town staff does accept speaking engagements with any community group(s) and schools to continue to emphasize the importance of protecting our waters with written material handouts. The town maintains 25.65 miles of streets of which the majority are ribbon -type pavement with properly maintained ditch lines. -The town provides public water and sewer services and they are available to those outside of the town limits. A small segment of homes still utilize septic tank systems and are encouraged to connect to the system where available. The Town of Maiden's stormwater discharges into tributaries of and into Clarks Creek, a tributary of the Catawba River. While Clarks Creek is listed as impaired, the DWQ report shows the cause of the point source impairment to be the Newton Waste Water Treatment Plant. As part of the Town's continued efforts to insure the highest possible quality stormwater the town council decided to run a full water analysis for one day. This snap shot of time showed that Maiden is not having a significant impact on water quality. In looking at the attached result it should be kept in mind that the water samples taken also include areas of the county. The Town's limits are strung out with some areas still in rural agricultural production with the other side of the creak urban. The test results showed a high level of fecal matter in the creeks, however in many testing locations farm animals were in the waterway or fields drained into the creeks directly. Additionally many of the farms use chicken dung as a fertilizing agent two or three times a year to amend the soil. While the Town attempts to work with these farms they are located outside of the Town's Jurisdiction. The town has forwarded these results to Catawba County who handles all the towns and county septic tank inspections if any of the above problems are manmade. I would additionally like to thank you for your time and efforts in assisting the Town through the waiver process. If you have any questions please feel free to call me at (828) 428-5000 and I will have the appropriate staff contact you. Sincerely, R b�r�5 yre Mayor, Town of Maiden Water quality samples from 2/15/2008 Site:1 Site:2 Site:3 Water entering Town limits Water entering US 321 bus from farms Town limits from small creak (horse, cattle, Newton WWTP entering Units Other and cattle field town limits TOS mg/L 52 99 79 TSS mg/L 3.1 2.9 3.7 NH3 mg/L <0.5 <0.5 <0.5 Fecal Coliform 1100mL 560 129 94 Oil & Grease mg/L <5.0 <5.0 <5.0 NO2 + NO3 mg/L 0.92 3 0.8 TKN mg/L 0.56 1.12 1.12 T. Nitrogen mg/L 1.48 4.12 1.92 T. Phosphorus mg/L 0.18 0.21 0.19 Lead mg/L <0.005 <0.005 <0.005 Zinc mg/L 0.011 <0:010 <0.010 Turbidity ntu 14 13 9.3 Site:4 Site:5 Site:6 Site:7 Site:8 St. James Null and finger Mill rd. below water exiting town Church Rd. Jim Beard Rd golf course, farm land and new limits. Site located Entering Below town entering Town development. Note: part of past 321 highway at town limits of Maiden limits note: clam drainage from town limits, Maiden WWTP from rural Water dam shells in water note farm fields collection site 53 25 24 51 242 <2.0 8 <2.0 <2.0 7.3 <0.5 <0.5 <0.5 <0.5 <0.5 271 5 180 800 86 <5.0 <5.0 <5.0 <5.0 <5.0 0.21 0.32 0.42 0.39 1.65 0.84 1.12 0.84 0.84 " 1.12 1.05 1.44 1.26 1.23 2.77 0.2 <0.16 <0.16 <0.16 0.26 <0.005 <0.005 <0.005 <0.005 <0.005 <0,010 <0.010 <0.010 <0.010 <0.010 7.6 19 4.9 11 14 5 Site: 9 Finger st. collection exiting town limits. Note farm and GOATS 70 <2.0 <0.5 250 <5.0 0.73 0.84 1.57 <0:16 <0.005 0:107 .. 5.2 A TOWN OF MAIDEN NORTH CAROLINA 28650 P.O. BOX 125 • (828) 428-5000 FAX (828) 428-5017 • TDD 800-735-2962 June 19, 2008 Mr. Mike Randall NCDENR Storm Water Permitting DWQ 1617 Mail Service Center Salisbury St. Raleigh, NC 27604-1617 Dear Mr. Randall The Town of Maiden, population 3,700 est, is requesting our NPDES Permit No. NCS000481 be rescinded and a waiver granted pursuant to 40 CFR 122.32. In evaluating the waters bodies as they enter and leave the Town of Maiden it does appear that storm water controls are not needed based on the waste load allocations that are part of an EPA approved or established TMDL. The Town of Maiden anticipates future discharges from the town do not have the potential of exceeding water quality standards, including impairment of designated uses, or significant water quality impacts, including habitat and biological impacts. Under Session Law 2006-246, post -construction stormwater management requirements will be implemented in the Town of Maiden water supply watershed area(s) of incorporated Catawba County and within the Town of Maiden incorporated area(s) of Lincoln County. We believe that these requirements, along with the other measures the Town has implemented will minimize the impacts due to polluted stormwater runoff within the jurisdiction of the Town of Maiden. Town staff routinely visit areas within its jurisdiction with an eye out for illicit discharges to storm drains and waterways. Additionally we work with the Western Piedmont Council of Governments Stormwater Working Group to insure we are increasing the educational opportunities available to staff members. The town actively pursues pollution prevention maintaining an inventory of municipal facilities and operations with the potential for generating polluted stormwater runoff, including the MS4 system and associated BMPs. Town staff as part of their daily duties inspect municipal facilities and operations for potential sources of polluted runoff, the Stormwater controls and conveyance systems with the ultimate goal of preventing or reducing pollutant runoff. The Town of Maiden will continue to protect its water quality through its Stormwater management efforts as outlined below: Ok - Catawba County currently provides construction inspection and regulations to regulate Stormwater from construction sites. The Town of Maiden along with Catawba County currently has policies in place that regulate subdivisions whereby they issue permits, and conduct inspections. The Town of Maiden will continue its partnership with Catawba County to regulate storm waters. - The town has used and will use workshops, its website, and newsletters to provide education information on Stormwater issues. - The town staff does accept speaking engagements with any community group(s) and schools to continue to emphasize the importance of protecting our waters with written material handouts. The town maintains 25.55 miles of streets of which the majority are ribbon -type pavement with properly maintained ditch lines. -The town provides public water and sewer services and they are available to those outside of the town limits. A small segment of homes still utilize septic tank systems and are encouraged to connect to the system where available. The Town of Maiden's stormwater discharges into tributaries of and into Clarks Creek, a tributary of the Catawba River. While Clarks Creek is listed as impaired, the DWQ report shows the cause of the point source impairment to be the Newton Waste Water Treatment Plant. As part of the Town's continued efforts to insure the highest possible quality stormwater the town council decided to run a full water analysis for one day. This snap shot of time showed that Maiden is not having a significant impact on water quality. In looking at the attached result it should be kept in mind that the water samples taken also include areas of the county. The Town's limits are strung out with some areas still in rural agricultural production with the other side of the creak urban. The test results showed a high level of fecal matter in the creeks, however in many testing locations farm animals were in the waterway or fields drained into the creeks directly. Additionally many of the farms use chicken dung as a fertilizing agent two or three times a year to amend the soil. While the Town attempts to work with these farms they are located outside of the Town's Jurisdiction. The town has forwarded these results to Catawba County who handles all the towns and county septic tank inspections if any of the above problems are manmade. would additionally like to thank you for your time and efforts in assisting the Town through the waiver process. if you have any questions please feel free to call me at (828) 428-5000 and 1 will have the appropriate staff contact you. Sincerely, Robert�5 yre �" Mayor, Town of Maiden Water quality samples from 2/15/2008 Site:1 Site:2 Site:3 Water entering Town limits Water entering US 321 bus from farms Town limits from small creak [horse, cattle, Newton WWTP entering Units Other and cattle field town limits TDS mg/L 52 99 79 TSS mg/L 3.1 2.9 3.7 NH3 mg/L <0.5 <0.5 <0.5 Fecal Coliform /100mL 560 129 94 Oil & Grease mg/L <5.0 <5.0 <5.0 NO2 + NO3 mg/L 0.92 3 0.8 TKN mg/L 0.56 1.12 1.12 T. Nitrogen mg/L 1.48 4.12 1.92 T. Phosphorus mg/L 0.18 0.21 0.19 Lead mg/L <0.005 <0.005 <0.005 Zinc mg/L 0.011 <0.010 <0.010 Turbidity ntu 14 13 9.3 t Site:4 Site:5 Site:6 Site:7 Site:8 St. James Null and Finger Mill rd. below water exiting town Church Rd. Jim Beard Rd golf course, farm land and new limits. Site located Entering Below town entering Town development. Note: part of past 321 highway at town limits of Maiden limits note: clam drainage from town limits, Maiden WWTP from rural Water dam shells in water note farm fields collection site 53 25 24 51 242 <2.0 8 <2.0 <2.0 7.3 <0.5 <0.5 <0.5 <0.5 <0.5 271 5 180 800 86 <5.0 <5.0 <5.0 <5.0 <5.0 0.21 0.32 0.42 0.39 1.65 0.84 1.12 0.84 0.84 1.12 ~ 1.05 1.44 1.26 1.23 2.77 0.2 <0.16 <0.16 <0.16 0.26 <0.005 <0.005 <0.005 <0.005 <0.005 <0.010 <0.010 <0.010 <0.010 r <0.010 7.6 19 4.9 11 14 d , c" ,re Site: 9 Finger st. collection exiting town limits. Note farm and GOATS 70 <2.0 <0.5 250 <5.0 0.73, 0.84 1.57 <0:16 r'^ - <0.005 0... 07 '5.2 -' F W A rF Michael l�. Easley, Governor `OHO 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P, E. Director .� Division of Water Quality 0 Coleen H. Sullins, Deputy Director Division of Water Quality RE November 12, 2008 C.FIVFD NOV 1 3 2008 Attn: Mayor Robert L. Smyre 113 W. Main Street'!^ � Maiden, North Carolina 28650 �YV�"��.: , �1v,. eater Proledon Subject: Request for Waiver Dear Mayor Smyre; DWQ has reviewed the requirements of state laws and administrative rules, the rights of the municipalities, and our mandate to protect public health and environmental quality. Based on that review and a site visit to the Town of Maiden's (Town) on November 3, 2008, to evaluate existing programs in place, DWQ is denying the Town request for a waiver from the requirements applicable to municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized area. Under the conditions of the Town's NPDES Permit No. NCS000481, effective December 1, 2005, the Town is required to administer the six minimum measures in their permit. Public Education and Outreach The Town has developed and maintains a stormwater web site where they post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. The Town also has distributed educational materials to the community, conducted public outreach activities, and continues to raise public awareness on the causes and impacts of stormwater pollution, and hds informed the public on steps they can take to reduce or prevent stormwater pollution. Required Action: None Public Involvement and Participation The Town has provided opportunities for the public to participate in program development and implementation. The Town of Maiden has a Stormwater Advisory Committee that meets twice per year to discuss stormwater issues. Required Action: None N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699- 1617 (919) 733-5083 Customer Service 1-877-623-6748 Illicit Discharge Detection and Elimination The Town.has;not established adequate legal authorities to prohibit illicit discharges and enforce the approved'Illicit Discharge Detection and Elimination Program. L i Although the Town continues to detect and eliminate illicit discharges, including spills and illegal dumping, the town has not implemented appropriate enforcement procedures and actions. DWQ staff was informed that the Town plans to provide training for employees on illicit discharge. While the web site provides some information for businesses and the general public of hazards associated with illegal discharges and improper disposal of waste, the website should provide more detailed information specific to illicit discharge detection and elimination. The Town may choose to rely on other sources by linking their site to an appropriate website that provides more detailed information on Illicit Discharge Detection and Elimination. Required Action: ➢ Establish adequate legal authority to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. ➢ Implement appropriate enforcement procedures and actions ➢ Provide training for employees on illicit discharge. Recommended Action: ➢ Provide more detailed information on the town's website specific to illicit discharge detection and elimination. Construction Site Runoff Controls The Town relies on Catawba County to comply with Construction Site Runoff Controls. The Town does conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued�by Catawba County and continues to monitor the Catawba County program for effectiveness in the permittee jurisdiction. Potential problems at construction sites with sediment and erosion control permits are reported to Catawba County and follow-up action by Catawba County is monitored. The Town must ensure all land disturbing activities that disturb less than an acre do not impact water quality, including municipal construction and maintenance projects. Denuded areas, erosion controCfor the site, and stabilization of the site must be documented. Although the Town relies on the County for implementation of the Soil and Erosion control program, the state still requires small MS4 to provide general awareness training on construction site stormwater management to municipal staff and the general public, conduct random inspections within their jurisdiction of construction sites greater than an acre and report their observations to the implementing agency and ensure sites less than an acre within their jurisdiction are in compliance with the soil and erosion regulations. Pollution Prevention and Good Housekeeping. for Municipal Operations The Town has not developed an operation and maintenance program that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations for the wastewater treatment plant or the fleet maintenance facility. The town failed to document inspections at the wastewater treatment plant, fleet maintenance facility, and the town's stromwater conveyance systems. DWQ staff was informed that the town plans to provide training for employees specific for pollution prevention and good housekeeping procedures. The Town will need to seek coverage under the NPDES program for the Fleet Maintenance facility. Coverage under the general permit, NCG08000, is applicable to all owners or operators of stormwater point source discharges associated with activities that have vehicle maintenance areas, including fueling, associated with activities classified Local and Suburban Transit and Interurban Highway Passenger Transportation. The Town will need to seek coverage under the NPDES program for their wastewater treatment plant. Coverage under the general permit, NCG11000, is applicable to all owners or operators of stormwater point source discharges associated Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, with a design flow of 1.0 million gallons per day or more, or required to have an approved pretreatment program under Title 40 Code of Federal Regulations (CFR) Part 403, including lands dedicated to the disposal of sewage sludge that is located within the confines of the facility; and like activities deemed by DWQ to be similar in the process and/or the exposure of raw materials, products, by-products, or waste materials. ' Inspections and evaluations, training records and monitoring records were not available for the Fleet Maintenance and Wastewater Treatment Facility. The Town must must develop and implement a Stormwater Pollution Prevention Plan (SPPP) for that each municipal operation. It is the Town's responsibility to ensure that any municipal operations that require an NPDES permit implement a Stormwater Pollution Prevention Plan (SPPP) specific to that facility. Elements of the SPPPs are spelled out in the permit. Required Action: ➢ Developed an operation and maintenance program that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations for the wastewater treatment plant or the fleet maintenance facility. ➢ Document inspections at the wastewater treatment plant, fleet maintenance facility, and the town's stormwater conveyance systems. ➢ Provide training for employees specific for pollution prevention and good housekeeping procedures. ➢ Apply for permit coverage for the Fleet Maintenance facility and the Wastewater Treatment Facility. ➢ Develop and implement a Stormwater Pollution Prevention Plan (SPPP) for each municipal operation. It is the Town's responsibility to ensure that any municipal operations that require an NPDES permit implement a Stormwater Pollution Prevention Plan (SPPP) specific to that facility. Required Action: None Recommended Action: ➢ Develop a program to ensure sites less than an acre within the jurisdiction are in compliance with the soil and erosion regulations. Post -Construction Stormwater Control The town has not developed by ordinance (or similar regulatory mechanism) a program to address stormwater runoff from new development (due December 1, 2007). The ordinance must be reviewed and approved by the DWQ prior to implementation. Pursuant to Session Law 2006-246, any new development that cumulatively disturbs one acre or more of land located in the Town, must comply with the standards set forth in Section 9 of Session Law 2006-246. Attached is a copy of Session Law 2006-246. The post -construction practices required by Session Law 2006-246 Section 9 shall not apply to development conducted pursuant.to one of the following authorizations, provided that the authorization was obtained prior to July 1, 2007 and the authorization is valid, unexpired, unrevoked, and not otherwise terminated: A building permit pursuant to G.S. 153A-357 or G.S. 160A-417. A site -specific development plan as defined by G.S. 153A-344.1(b)(5) and G.S. 160A-385.1(b)(5). A phased development plan approved pursuant to G.S. 153A-344.1 for a project, that shows 1) For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved pursuant to G.S. 153A-330 through G:S. 153A-335 and 2). For any subsequent phase of development, sufficient detail so that implementation of the requirements of Section 9 of this act to that phase of development would require a material change in that phase of the plan. A vested right to the development under G.S. 153A-344(b), 153A-344.1, 160A-385(b), or 160A-385.1 issued by a local government that implements Section 9 of this act. A vested right to the development pursuant to common law. The post -construction practices required by Session Law Section 9 shall not apply to redevelopment. "Redevelopment" means any land -disturbing activity that does not result in a net increase in built -upon area and that provides greater or equal stormwater control than the previous development. Required Action: ➢ Developed by ordinance (or similar regulatory mechanism) a program to address stormwater runoff from new development. ➢ Pursuant to Session Law 2006-246, any new development that cumulatively disturbs one acre or more of land located in the Town, must comply with the standards set forth in Section 9 of Session Law 2006-246. Attached is a copy of Session Law 2006-246. - These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. Please submit a Plan of Action that will bring the Town of Maiden into compliance with their NPDES Permit within 45 days of receipt of this letter. These violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each violation. If you have any questions concerning this decision or the post -construction requirements in Session Law 2006-246, please contact me at 919-807-6374. Sincerely, Mike Randall Environmental Engineer cc: Sam M. Schultz, Planning Director, Town of Maiden Mooresville Raleigh Regional Office Bradley Bennett. DWQ SPU Supervisor Bill Diuguid, DWQ Planner John Hennessy, DWQ Enforcement Julie Ventaloro, DWQ Water Supply Stormwater Permitting Unit DWQ Central File Michael P. 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 Colcen H. Sullins, Deputy Director Division of Water Quality July 25, 2005 Todd Clark, Town Manager P.O. Box 125 113 West Main Street Maiden, NC 28650 Subject: NPDES Permit Number NCS000481 Town of Maiden Dear Mr. Clark: The Town of Maiden has been designated by the US EPA for inclusion in the Phase II storinwater program. The Town of Maiden was designated because their municipal boundaries intersected a US Census -defined Urbanized Area. Your community's draft permit is being publicly noticed the week of July 25, 2005. All comments and request should reference draft permit number NCS000481. Comments must be received no later than September 2, 2005. Copies of the draft permit are available at: httpa/h2o.enr.state.nc.us/su/phase2_draft permits.htm We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. cc: Stormwater and General Permits Unit DWQ Regional Office N. C. Division of Water Quality 1611 Mail Service Center Sincerely, )4,z� it�� Mike Randall Raleigh, North Carolina 27699-1617 (919) 733-7015 .vw Ig Customer Service 1-877-623-6748 9 RECEIVED Michael F. Easley, Governor U N 0 7 2005 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources BY: I Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Town of Maiden NPDES Permit Number: NCS000481 Facility Location: Town of Maiden Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Allen Creek, Betts Branch, Clark Creek, Maiden Creek, Long Branch, Bills Branch, and Shady Branch. River Basin: Catawba River Basin Stream Classification: WS-II; HQW, CA, C .We [1Ei'r. OF EruvrRoNI Proposed Permit Requirements: See attached draft permit AND NAT..LF'3 .op��11 Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable n.' ,MAY 3 1 2005 Response Requested by (Date): June 24, 2005 r DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on May 5, 2004, is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date Stormwater and General Permits Supervisor 'Date Concurrence by Regional OfficeTDate 2 i ION Water Quality Supervisor Date r*A 06ENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 Regional Office Staff Comments o�0� w A © `C '1 HE "TOWN OF MAIDEN DORIS C. BUMGARNER, "TOWN MANAGER P.O. BOX 125 MAIDEN, NC 28650-0125 Doris C. Burngarner: 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 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage 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 ETA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase It 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 lI 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 1I 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 Maiden 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 Maiden does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 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://h2o.enr.state.nc.us/su/stormwater.htm1. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083. ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Mooresville Regional Office ©A NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733.7015 Customer Service 1-800-623-7748