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HomeMy WebLinkAboutNCS000489_OTHER_20050912STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. � /1 u o s v DOC TYPE 0 FINAL PERMIT ❑ ANNUAL REPORT. ❑ AP/UCATION COMPLIANCE OTHER DOC DATE ❑ O S D 1 1� YYYYMMDD Michael F. Easley, Governor William G. Ross Jr„ Secretary North CaroUna Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quatity Date: September 12, 2005 To: The Asheville Citizen Number: 828-210-6631 From: Sarah Young, Division of Water Quality Subject: Public Notice Pages: 1 The Town of Laurel Park, the City of Hendersonville, and the Town of Waynesville have all been designated by the US EPA for inclusion in the Phase It stormwater program. The Town of Laurel Park and the City of Hendersonville were designated because their municipal boundaries intersected a US Census -defined Urbanized Area. Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, September 20, 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 Raleigh, NC 27699-1617 The Town of Laurel Park 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 Laurel Park jurisdictional area, Henderson County, to receiving waters, North Fork Willow Creek and unnamed tributaries, Brightwater Branch and unnamed tributaries, Echo and Briar Lakes and unnamed tributaries, Shaw Creek, Wash Creek and unnamed tributaries, Tonys Creek, and Finley Creek and unnamed tributaries, within the French Broad River Basin. The draft permit number is NCS000478. The City of Hendersonville has applied for an NPDES Phase II Stormwater Permit to discharge stormwater from their municipal separate storm sewer system (MS4) located within the City of Hendersonville jurisdictional area, Henderson County, to receiving waters, Mud Creek, Brittain Creek, and Wash Creek, within the French Broad River Basin. The draft permit number is NCS000489. The Town of Waynesville 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 Waynesville jurisdictional area, Haywood County, to receiving waters, Richland Creek and unnamed tributary to Richland Creek, Hyatt Creek, Shelton Creek, Browning Branch, Camp Branch, Plott Creek, Eaglenest Creek, Farmer Branch, Shingle Cove Branch, Golf Course Road Creek, Raccoon Creek, Factory Branch, and Mauney Cove Branch, within the French Broad River Basin. The draft permit number is NCS000501. All comments and requests should reference the appropriate draft permit number. Comments must be received no later than October 21, 2005. Copies of the draft permits are available at hitp://h2o.enr.state.nc.us/su/phase2_draft permits.htm or by contacting: Mike Randall NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 545 Mike. randall @ ncmail.net N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 , Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date) DOCUMENTS REVIEWED t� �orth 'a� �O STAFF REVIEW AND EVALUATION NPDES Stormwater Permit City of Hendersonville NCS000489 City of Hendersonville Municipal Separate Storm Sewer System Mud Creek, Brittain Creek, and Wash Cr French Broad River Basin C, WSII, TR, HQW See attached draft permit Michael F. Easley, Governor William G. Ross Jr., Secretary nt of Environment and Natural Resources Alan W. Klimek, l'. E. Director Division of Water Quality Colcen tl. Sullins. Deputy Director Division of Water Quality R��I�u� LE AUG - 3 2005 JOD WATER QUALITY SECTIO J ASHEVIt 1. E REGIONAL O;F CE See Part V, Section A of the attached draft permit Not applicable Not applicable September 2, 2005 NPDES Stormwaler Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2004 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Dale:2 goQ .�� ____ Stormwater and General Permits Supervisor .l �IJIG ���" bate 4&, Z __ Concurrence by Regional Office Date v Water Quality Supervisor 7 Date 2 Q �a►h AMENOR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733.5083 Customer Service 1-877-623-6748 Regional Office Staff Comments fl��%!• t:c 2 VgA1'F Michael F. Easley, Governor 0 1 p William G. Ross Jr., Secretary Q North Carolina Department of Environment and Natural Resources Alan W. Klimck, 11. E. Director Division of Water Quality Q 'C Colecn 11, Sullins, Deputy Director Division of Water Quality August 2, 2005 Fred H. Niehoff, Jr. Mayor, City of Hendersonville 145 51` Ave. East P.Q. Box 1670 Hendersonville, NC Subject: NPDES Permit Number NCS0004489 Additional Information Request Dcar Mr. NichofE After a review oFyour permit application materials, I found that with changes or clarifications to Stormwater Management Plan identified herein, there is sufficient content to continue with the review and drafting of your permit. 1. The City of HendersonviIle's stormwater management program must establish and publicize a reporting mechanism for the public to report illicit discharges. 2. If The City of Hendersonville ownes and operates any industrial activities with a Phase I NPDES stormwater permit, the stormwater management program must include a process to conduct annual review of the permitted activities. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the City of Hendersonville. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. Please provide the additional information requested and your comments on the preliminary draft permit by Friday, September 2, 2005. We would like to incorporate as many revisions as possible before the public notice. You will also have an opportunity to submit comments during the public comment period. If you have any questions, concerns, or suggested revisions about the preliminary draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, Mike Randall Environmental Engineer cc: Stormwater and General Permits Unit tDWQ�e'gional O!'fi c N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 �rpr h�`L D NR Customer service 1-877-623-6748 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY DRAFT PERMIT NO. NCS000489 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINA"I;ION SYSTEM A AUl In compliance with the regulations promulgated and adopted"by the North Carolina Environmental Management Commission, and the Federal Pate Pollution Control Act, as amended,? 1- City of is hereby authorized to discharge stormwater fromiPn-iuiiiciippal separate storm sewer system located: within the City o' f Hendersonvrllc'Jurisdictional Area Heide srn County to receiving waters, Mud Creek, Brittain Creek,an Wash Creek. within the French Broad River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, It, III, IV, V, Vl, VII and V111%reof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission DRAFT PERMIT NO. NCS000489 TABLE OF CONTENTS PART I PERMIT COVERAGE PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PLBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTI rp TIO SECTION D: ILLICIT DISCHARGE DETECTION ANDELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS Af / r SECTION F: POST -CONSTRUCTION SITE RUN CONTROLS SECTION G: POLLUTION PREVENTION,'AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND; CORD 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 u DRAFT PERMIT NO. NCS000489 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the City of Hendersonville is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Mud Creek, Brittain Creek, and Wash Creek, within the French inroad 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 [he Stormwater Plan. The Stormwater Plan includes components of the permi Stormwater Permit Application, NPDES Stormwat Stormwater Management Program Report and any .2. All discharges authorized herein shall be terms and conditions of this permit. Any of the state is prohibited unless it is an all " by another permit, authorization, or appri : 3. This permit does not elieve tl r " other applicable federal, state, decree. `I ,k's Phifge H Municipal NPDES e mitt Application Comprehensive roved modifications. n\d in accordance with the point source discharge to surface waters iblenon-stormwater discharge or is covered A-�)l�s m responsibility for compliance with any ilc, standard, ordinance, order, judgment, or 4. This permit covers activitiWassocia"tied with the discharge of stormwater from the MS4 —. within the jurisdictional area;of�thee permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The,permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revolve 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 quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page 1 of 2 DRAFT PERMIT NO. NCS000489 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. $. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorize dthrough the MS4 of the permittee if such discharges are: r (a) Permitted by, and in compliance with, anothif4NPDES discharge permit including discharges of process and non -process wastewater d stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: sue.. • water line flushing; - • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated4gi-oun' water infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200), • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 DRAM' PERMIT NO. NCS000489 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: 1. The permittee will develop and maintain adequate leg�mecfiani'sm such as regulations, ordinances, policies and procedures to implement alt,provisionsof the Stormwater Plan. The pennittee will keep the Division advised of the,tatus of development of appropriate ordinances and legal authorities and will pursuc.these�authorities in accordance with the schedule outlined in the Stormwater Plan. •�!f 2. The permittee's Stormwater Plan will eiimplement6d 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-prig tareas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. A 3. The permittee will implement-thecomponents 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. 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 BM -Ps. Part 11 Page l of 12 DRAFT` PERMIT NO. NCS000489 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. 11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The following additional requirements apply. (a) Within two years after receiving the Division's notice'=that thApermittee is subject to a TMDL, the permittee shall establish a TMDL Wa ei' Q ality Recovery Program and shall identify the locations of all currently known MS4 outfalls V * :� within its jurisdictional area with the potential of�discharging the pollutant(s) of , 3 s + concern: to the impaired segments, to the'l-A-ibutaries, and to segments and tributaries within the watershed cone buting to-4he impaired segments. The permittee shall also develop a schedulc to discover and locate all other MS4 outfalls within its jurisdtictionalfaea that' be discharging the pollutant(s) of concern: to the impaired streamsegments, to their tributaries, and to segments and K: tributaries within the wa ersh_ed conffibuting to the impaired segments. (b) Within two years after receiving the Division's notice that the permittee is subject XA to a TMDL, the per. mittteee�ss all develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement Part II Page 2 of 12 DRAFT PERMIT NO. NCS000489 appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream segments in the SMJurisdictional area by referencing the 2004 Integrated 305(b) and 303(d)`R ort (or cu r� ent version), available on the website of the Division of Water Qualy,Modeling and TMDL Unit. L Part 11 Page 3 of 12 DRAFT PERMIT NO. NCS000489 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 reed e�or pre.ventormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPsto meet the -''objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. '- '•'.Measurable Goals=.._ 'YR YR' YR YR.. YR 2 °- .3" '4. (a) Establish a Public Develop a puSliic�education program and X X X X X Education and implement within 12 months of the permit Outreach Program issuedate. Incorporate outreach elements for riani�ficant 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 materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part H Page 4 of 12 DRAFT PERMIT NO. NCS000489 SECTION C: PUBLIC INVOLVEMENTAND PARTICIPATION 5 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 s The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notifyythe Division prior to modification of any goals. BMP Measurable Goals, YR YR - YR,..YR YR 1 2 3' 4 5 (a) Administer a Public Develop, nd im'�l&ment-aAblic X X X X X Involvement Program Involvement`and',Paii-ticipation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and cotnent on the Stormwater Plan. m Stormwater Plan s; (c) Organize a volunteer Organize and implement a volunteer X 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 X Group(s) stormwater issues and the stormwater program. Part 11 Page 5 of 12 DRAFT PERMIT NO. NCS000489 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 11. 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 procedure's andaetions. (d) Develop a storm sewer system map showing all odtfalN and,waters receiving discharges. Oge Inform employees, businesses, and the eneral ublic of hazards associated with p�,,,� illegal discharges and improper disposal of1waste - 2. BMPs for Illicit Discharge Detection aElimination The permittee shall implement the following.,BMPeet the objectives of the Illicit Discharge Detection and Eliminati'oriPrograand shall notify the Division prior to modification of any goals. BMPa� ,.. KK Measurable Goals _YRYR �_ `" `J4'!1^Y n " 5 i� , YR iro p"C'°' �YRYR ;:5 ^-`..M M s.t".d J i - Y�?.S`%� 7" � ", 4 .� ^i (a) Develop/implement Develop add implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X 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. (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 pera roved IDDE Program. Part lI Page 6 of 12 DRAFT PERMIT NO. NCS000489 N `Yw B1V1Y t3� ✓`_ ', ,Me ura61 Goals "' �` fi Y�R erg,;, Ylt .. YaR Y�R�' x �Y�R`: � r�s�.�.,�',.� =t 1 (e) Conduct employee Conduct training for municipal staff on X X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (Q) E'stabldsh ll public Establish and publicize a repp h-lin.1;'l J' x x x x reporfi 4g mechanism 11 echfll'lisin of r the public to rem n,T rlltctt"�" discharges. Part 11 Page 7 of 12 DRAFT PERMIT NO. NCS000489 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 appropriatererosion and sediment control practices, review of site plans which incorpora es consideration of potential water quality impacts, and procedures 1`00site inspection and enforcement of control measures. f" (c) Establish requirements for construction site oors to control waste such as n,, discarded building materials, concrete truck,�washoutbchemicals, litter, and sanitary waste at the construction site that-ftk yNause adverse impacts to water quality. 2. BMPs for Construction Site Runoff, The permittee relies on the NCDENR Division oftiEand Resources (DLR) Erosion and Sediment 14;61—Control Program to comply with this�min mu measure. The NCDENR Division of Land Resources$Erosion and Sediment Control Program effective meets the requirements of the Co strut on 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 PaKI, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The 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 11 Page 8 of 12 DRAFI, PERMIT NO. NCS000489 W SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / 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 �d maintenance of BMPs. `� (c) Ensure controls are in place to minimize watei�ali'ty impacts 2. BMPs for Post -Construction Site Runoff Controls' �•j. V � z t The permittee shall implement the following BMPs, o meet the obiectives of the Post - Construction Stormwater Management Program - Y Y. R R Y' �,tt� 2Y4 =34 a r GReasurableGaS ; ` 1g "Y (a) Establish a Post- Develop,.adbpt Ny orrdinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runofWrom new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X 'X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. (d) Establish trout waters Develop, adopt, and im dement an X X X Part 11 Page 9 of 12 DRAFT PERMIT NO. NCS000489 BMP Measurable'�Goals �x _ s �lYR` YR r- if YR? YRy �YR 3- 9 (Tr) protection ordinance (or similar regulatory measures (for programs mechanism) to ensure that the best with development or management practices selected do not redevelopment draining result in a sustained increase in the to Tr waters)w receiving water temperature. 3. The evaluation of Yost -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee,lha are already subject to the existing state stormwater management°programs listed herein are deemed compliant with the post -construction stormwatdr management model practices identified in (b) below. The listed pro grams4areXthd'Water Supply Watershed protection programs for WS-I — WS-IV w tern*the HQW and ORW waters management strategies, the Neuse Rf. er�Basn''Nutrient Sensitive Waters Management Strategy, the Tar-Pamlic Management Strategy,,,apd the�Randle program. Basin Nutrient Sensitive Waters ce Water Supply Watershed (b) Model Practices. For -those a ei within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing star' 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%n 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. Part H Page 10 of 12 DRAMf PERMIT NO. NCS000489 (iii) A project not consistent with the requirements I'or 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-clevclopment conditions for the I -year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; �, (B) All structural stormwater treatm nt4sy s must be designed to achieve 85% average annual r `moval`oftotal, uspended solids; (C) Stormwater management measures musthcomply with the General Engineering Design Criteria For Ail Projects requirements listed in 15A NCAC 2H .1008(c);�� :..f; (D)All built -upon areas argat7l ast,30,feet landward of perennial and r intermittent surface waters; and, (E) Deed restrictions, r�d�proleccttive covenants are required by the locally issued perm` and incorporated by the development to ensure thatsubsequent development activities maintain the development (or redevelopment) consistent with the approved plans./^ (c) Watershed Protecti6di,Plans!lPublic bodies may develop and implement comprehensive watershe "-pprotection 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 past -construction stormwater management. Part lI Page 1 l of 12 DRAFT PERMIT NO. NCS000489 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 rrieef'the olij&fives of the Pollution Prevention and Good Housekeeping Program and shall otify�the Division prior to modification of any goals. -.Measurable'Goals =. ° YR YR% YR- , YR =YR- g 1 2m - 3 4 5 (a) Develop an operation Develop an operation and maintenance X X X X X and maintenance program tha has tultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Devdl_'op 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 pollution prevention and good housekeeping procedures. (d) Review of numicipalit}° Conduct annual revievi of the industrial X X X X X owned or operated activities with a Phase I NPI)ES regulated industrial slorrnwater permit owned and operated b.v acth,ities the permittee. Review the folloiving aspecls: the Slonim,ater Pollution Prevention Plan 1Mere one is required, the limeliness of anv nlonatoring reports required by the Phase I permit, and the results of inspeclions and subsequent follow-up actions at the facilities. Part U Page 12 of 12 DRAF""I" PERMIT, NO. NCS000489 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. Documentationwill'be kept on -file by the permittee for a period of five years and made availableato,the Director or his authorized representative immediately upon request. a 2. The permittee's Stormwater Plan will be reviewed,arWupdatcd as necessary, but at least on an annual basis. The permittee will submit a report ofFthis'evaluation and monitoring information to the Division on an annual basis?This information will be submitted by ` date of each year and cover the previous years activ Lies from Date to Date. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the`permittce % tormwater Plan and will include, but is not limited to, the following compon nts-- (a) The permittee will give a detN&dYdescription of the status of implementation of ill include information on development and the Stormwater PIOThis w implementation of all components of the Stormwater Plan for the past year and schedules and plans for. he 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 I.I.[ Page 1 of 2 DRAFT PERMIT NO. NCS000489 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. 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 plan with modifications, or reject the proposed plar certification in writing (in accordance with Part IV, changes have been made. Nothing in this paragrapr Director's ability to conduct enforcement actions.ft 4. The Division may request additional reportidf progress and results of the permittee's Stormv 1 Part III Page 2 of 2 ;tive action plan, approve a f itte will provide 1h 2-)-to he Director that the construed to limit the ms of this permit. as necessary to assess the DRAIYr PERMIT NO. NCS000489 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittce shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required re p g p P erei l sshall,be submitted to the following address: Department of Environment and,Natural`*sources Division of Water, ualityV Stormwater Permitting Unit 1617 Mail Service Center Raleigh,�North,Carolin4..27699-1617 (b) All applications, reports, o&i fo n atibn submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized Ar r representative. A person is aduly authorized representative only if: (1) The authorization'is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 DRAFT PERMIT NO. NCS000489 3. 4. 5. 6. 7. 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. f% Twenty-four Hour Reporting The permittee shall report to the central office or th tappTopriatc regional office any noncompliance that may constitute an imminent threat to'h'e'alth or the environment. Any `- `:r information'shall be provided orally within 24 hours=frompthe time the permittee became aware of the circumstances. A written subtrussionos6if also be provided within 5 days of the time the permittee becomes aware of the cir�curngances. 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 ed, �t,im,e compliance is expected to continue; and steps taken or planned to reduce,,eliminateYland prevent reoccurrence of the noncompliance. The Director may waive thQNLVfitten report on a case -by -case basis if the oral report has been received within 24 hours. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 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. 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 DRAFT PERMIT NO. NCS000489 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,forenforcement action; for permit termination, revocation and reissuance, or modific tion;,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 oxic pollutants within the time provided in the regulations that establishthesestandards or prohibitions, even if the permit has not yet been modified(tto incorporate the requirement. b The Clean Water Act rovides"tha"t 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 P eederal 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) r(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 maybe assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or- 405 of this Act, or any permit condition or Iimitation 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. §246 t note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class H violations Part V Page I of 6 DRAFI' PERMIT NO. NCS000489 2. 3. 4. 5. are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Duty to Mitigate The permittee shall take all reasonable steps to minimize or p"revent any discharge in violation of this permit that has a reasonable likelihoo of?:Wei rselyoaffecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed responsibilities, liabilities, or penalties fc 143-215.6A, 143-215.613, 143-2,1'S.6C or _.. Furthermore, the permittee is i even though the responsibility Oil and Hazardous y lieve t)e�permittee from any ncompliance pursuant to NCGS 143-215.3, onI69 of the Federal Act, 33 USC 1319. consequential damages, such as fish kills, )mpliance may be temporarily suspended. 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. 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 DRAIN' PERMIT NO. NCS000489 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person whotl renders inaccurate, any monitoring device or method permit shall, upon conviction, be punished by a fine violation, or by imprisonment for not more than two. conviction of a person is for a violation committed,a "• under this paragraph, punishment is a fine ofnotAmo or by imprisonment of not more than 4 years, Zotl 9. Penalties for Falsification of` ports > sifies, tampers with, or knowingly :quiredto:beinaintained under this not more than $10,000 per .ars per violation, or by both. If a ;r aofirst conviction of such person -that $20,000 per day of violation, The Clean Water Act providessthat any, person who knowingly makes any false statement, representation, or certification in any)r cord or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon�conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of.planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 DRAFT PERMIT NO. NCS000489 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 cti6n,NthatInt would have been :t; necessary to halt or reduce the permitted activity intorder to maintain compliance with the condition of this permit. Part V Page 4 of 6 DRAFI' PERMIT NO. NCS000489 SECTION C: MONITORING AND RECORDS 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;i' diluted by any other waste stream, body of water, or substance. When specified he ein, monitoring points established in this permit shall not be changed without notificationrtd&d approval of the Director. �` \1Z 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be seleefejd and used to ensure the accuracy and c i r.. ��i reliability of measurements of the volume of monitored discharges. 3. Test Procedures � , Test Procedures for the anal is of ollutants shall conform to the EMC regulations , Y p published pursuant to NCGS1143-215&3 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer- system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 DRAFT' PERMIT NO. NCS000489 5. (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. Availability of Reports Except for data determined to be confidential und+ 308 of the Federal Act, 33 USC 1318, all reports I this permit shall be available for public inspection Quality. As required by the Act, analytical data st Knowingly making any false statement on anlsuc criminal penalties as provided for in NCGSj143-2 Act. P Part V Page 6 of 6 CGS`1'43'2153 (a)(2) or Section ared in acco ance with the terms of at3tlie offices of the Division of Water a lI noti considered confidential. i=reportKy result in the imposition of 5�.68 or in Section 309 of the Federal DRAFT PERMIT NO. NCS000489 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 I of I DRAFT PERMIT NO. NCS000489 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 I DRAM' PERMIT NO. NCS000489 2 3 4 5. PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of poll BMPs can be structural or non-structural and may takeat physical structure or planning (see non-structural BMP) Built -upon Area That portion of a development project that is impervious surface including, but not limitec such as roads, parking lots, and paths; anSre "Built -upon area" does not include a wonder pool, or pervious or partially pervious pa�inl material absorbs water or allows Ovate ;+to of Clean Water Act The Federal Water Pollutioii`,Co amended, 33 USC 1251, et. seq. Common Plan of Development 'eying surface waters. of a process, activity, :overdd�by..ifnpervious or partially to,4buildings; pavement and gravel areas /I ff reation facilities such as tennis courts. .:,,,... . slatted deck, the water area of a swimming material to the extent that the paving trate through the paving material. Act, also known as the Clean Water Act (CWA), as 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 DRAFT PERMIT NO. NCS000489 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 issuingauthority. 9. EMC The North Carolina Environmental Manage ment?Co` mission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored musobe 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. Part VIII Page 2 of 4 DRAFT PERMIT NO. NCS000489 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): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuantAo State law) having jurisdiction over disposal of sewage, industrial wastes tormwater, or other wastes, including special districts under State''law such as,a,sewer district, flood control district or drainage district, or similarentity, oaw ndian 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 oftthie,State.e ii. Designed or used for collecting or co Jive; ing'stormwater; iii. Which is not a combined sewer; and' iv. Which is not part of a Publicly,,OwnedT-,eatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge �Cog rids The following are categoric" s!,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. Part VII] Page 3 of 4 DRAFT' PERMIT NO. NCS000489 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 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, �dis6retbfissure from which stormwater is or may be discharged to watersoHhe 9ttate.,* 20 21 22 23. Redevelopment Means any rebuilding act 1. Results in no net 2. Provides equal or Stormwater Runoff ilding activity; area, and ter control than the previous development. The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 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 pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 4 of 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Deparhnent of linviromnent and Natural Resources Alan W. Klimek, P, V. Director Division of Water Quality Colcen H. Sullins, Deputy Director Division of Water Quality August 2, 2005 Fred H. Nichoff, Jr. Mayor, City of Hendersonville 145 5lh Ave. Last P.O. Box 1670 Hendersonville, NC 28793-1670 Subject: NPDES Permit Number NCS0004489 Additional information Request Dear Mr. Nichoff: After a review of your permit application materials, I found that with changes or clarifications to Stormwater Management Plan identified herein, there is sufficient content to continue with the review and drafting of your permit. 1. The City of Hendcrsonville's stormwater management program must establish and publicize a reporting mechanism for the public to report illicit discharges. 2, if The City of Hendersonville ownes and operates any industrial activities with a Phase i NPDES stormwater permit, the stormwater management program must include a process to conduct annual review of the permitted activities. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the City of Hendersonville. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. Please provide the additional information requested and your comments on the preliminaty draft permit by Friday, September 2, 2005. We would like to incorporate as many revisions as possible before the public notice. You will also have an opportunity to submit comments during the public comment period. If you have any questions, concerns, or suggested revisions about the preliminary draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, l Z4 Mike Randall Environmental Engineer cc! Stormwater and General Permits Unit DWQ Regional Office d-Ph OdENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 (919) 733-5083 Customer Service 1-877-623-6748 OFFICERS: CITY OF HENDERSONVILLE CITY COUNCIL! Niehoff, Jr. "The City Of Four SeaSOi1S" BA[MAIM VOLK Mayor` Ron Stephens MARY 10 PADGE17 Mayor Pro-'I'em ENGINEERING DEPARTMENT Chris A. Carter RON STFP1 [ENS City Manager James. Patrick P.E. Director JON 1AUGf ITER 06 May 200.4 - .. Bradley Ben nett,.Supervisor Stormwater and General Permits Unit I -- NC Division -of Water Quality. E ��p� 1617. Mail Service Center Raleigh, NC 27699-1617l Dear Mr. Bennett; In accordance with your letter to Chris.topher.A. Carter, City manger, dated 1116/2002, enclosed is a completed;NPDES Stormwater Permit Application form together with three copies of the Narrative Application Supplement and a check -in the amount $715 for the application fee. If you have any questions, please contact me. Siaes erely, t :Patrick, P.E. City Engineer.. 305 Williams Street, Suite 201 Hendersonville, NC 28792-4461 e-m;)il jl)atrick , ccityofhendersonville org P.O. Box 1670 f-lendersotiWle, NC 28793-1670 Phone: (828) 697-3060 Fax:. (828) 697.3066 www.cilyofhandersotivillc,.org Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11 /6/2002 THE CITY OF HENDERSONVILLE CHRISTOPHER A. CARTER, CITY MANAGER P.O. BOX 1670 HENDERSONVILLE, NC 28793-1670 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage Christopher A. Carter: 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 1I Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the City of Hendersonville 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 City of Hendersonville does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is I8 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site. Our web address is http://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 Asheville Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 TV AA Customer Service 1- 800-623-7748 North Carolina Department of Environment and Natural Resources Division of Water Quality City of Hendersonville Small MUNICIPAL separate storm sewer system NPDES STORMWATER Management Program Report Narrative Application Supplement TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. POPULATION SERVED 1.2. GROWTH RATE 1.3. JURISDICTIONAL AND MS4 SERVICE AREAS 1.4. MS4 CONVEYANCE SYSTEM 1.5. LAND USE COMPOSITION ESTIMATES 1.6. ESTIMATE METHODOLOGY 1.7. TMDL IDENTIFICATION 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. LOCAL PROGRAMS 3.2. STATE PROGRAMS 4. PERMITTING INFORMATION 4.1. RESPONSIBLE PARTY CONTACT LIST 4,2. ORGANIZATIONAL CHART 4.3. SIGNING OFFICIAL 4.4. DULY AUTHORIZED REPRESENTATIVE 5. CO -PERMITTING INFORMATION (IF APPLICABLE) 5.1. CO-PERMITTEES 5.2. LEGAL AGREEMENTS 5.3. RESPONSIBLE PARTIES 6. RELIANCE ON ANOTHER GOVERNMENT ENTITY 6.1. NAME OF ENTITY 6.2. MEASURE IMPLEMENTED 6.3. CONTACT INFORMATION 6.4. LEGAL AGREEMENTS 7. STORMWATER MANAGEMENT PROGRAM 7.1. PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 7.2. PUBLIC INVOLVEMENT AND PARTICIPATION 7.3. ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.4. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 7.5. POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 7.6. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. STORM SEWER SYSTEM INFORMATION: 1.1 Population Served: 10,420 (2000 Census) • Permanent: 10,420 • Basis of Population statistic: 2000 Census has Hendersonville's population as 10,420. The NC Office of State Planning estimates that Hendersonville's 2003 population is 11,532. • Seasonal: Per Planning Director, this information is not available. 1.2 Growth Rate: 1990 Census = 7,284 2000 Census = 10,420 10 year growth rate = 43% Annual average growth rate = 4.3% 1.3 Jurisdictional and MS4 Service Areas Jurisdictional Area Total: 15 square miles MS4 Service Area: 15 square miles 1.4 MS4 Conveyance System The City of Hendersonville's storm water system is a combination of curb and gutter systems, various sizes and types of pipes and open drainage ways or ditches on local, State and private roads. The City maintains City roads and curb and gutter systems within the City Limits. Some of these tie in to drainage systems on State roads, but most of the City storm water system drains into receiving streams. The State DOT maintains systems along the State Roads such as US 25, US 64, NC 191 and NC 176 as well as a number of other streets and roads within the City. Reference is made to the current Powell Bill map for their names and locations. There are private drives and small roadways that are both paved and unpaved and that connect to City and State roads and are maintained by owners. Most of these utilize open ditches for stormwater control. City maintenance includes leaf and garbage pickup, yard waste and brush removal, street sweeping, and storm -drain clearing. Public Works staff will respond to complaints on storm drains and clean out pipes and drains as needed with shovels, rakes, or other machinery. Hendersonville's Public Works Department currently maintains 40 full time employees. 1.5 Land Use Composition Estimates • Residential 61 % • Commercial 22% • Industrial 6% • Open Space 11 % Total = 100% 1.6 Estimate Methodology for Land Use Estimates Jurisdictional Area and Land Use Composition were estimated from Henderson County Planning's ArcView GIS System based on current County Land Records. 2 Acres Per Land Use Category By City of Hendersonville Subsections Residential 5856 Commercial 2112 Industrial 576 Open Space 1056 Total Acreage 9600 Percentage of Hendersonville Subsection By Land Use Category Residential 61%. Commercial 22%■ Industrial 6% Open Space 11% Total 1.7 TMDL Identification 100% None of the receiving streams within Hendersonville's jurisdiction are TMDL controlled bodies of water. 3 2. RECEIVING STREAMS RECEIVING STREAMS 2.1 Major River Basin(s): The receiving streams within the City of Hendersonville are part of the French Broad River Basin 2.2 Number and name of Primary Receiving Streams or bodies of water: o Receiving Stream Name: Mud Creek Stream Segment: Along the eastern border of the City from the southern to the northern border Water Quality Classification: c Use Support Rating: PS Water Quality Issues: Turbidity/Sediment per 2002 303d list o Receiving Stream Name: Brittain Creek Stream Segment: From the North West City limit through Patton Park Water Quality Classification: c Use Support Rating: PS Water Quality Issues: Urban Runoff and Sedimentation o Receiving Stream Name: Wash Creek Stream Segment: From the southwest City limit to its confluence with Mud Creek near Main Street Water Quality Classification: WSII, TR, HQW Use Support Rating: PS Water Quality Issues: Urban Runoff and Sedimentation 2.3 Are there significant water quality issues detailed in the attached application report? No 2.4 Do you discharge to territorial seas, oceans or within the contiguous zone? No E 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: a. Local Nutrient Sensitive Waters Strategy: No b. Local Water Supply Watershed Program: No c. Delegated Erosion and Sediment Control Program: No d. Land Use Plan: Yes, adopted in 1980 with numerous subsequent amendments • Implementing Subdivision Ordinance adopted in 1972 with numerous subsequent amendments • Cluster Subdivision option on major subdivisions to allow for more open space Yes • Requirement for 50' riparian buffers on USGS "blue line" streams • Requirement for erosion control plan approved by NCDENR for land disturbing activity over one acre; • Stormwater ordinance requiring approval of a stormwater management plan that limits the post construction rate of runoff to the preconstruction rate. • Member of the FEMA National Flood Insurance Program e. Zoning ordinance adopted 1962 with numerous subsequent amendments 3.2 State Programs a. CAMA Land Use Plan: No b. Do you discharge to territorial seas, or oceans within the contiguous zone? No c. Do you discharge to a TMDL controlled water body? No e. Local NCDENR Sedimentation and Erosion Control on construction sites (over 1 acre)? Yes William C. Beck, P.L.S. Environmental Tech IV, Land Resources North Carolina Department of Environment and Natural Resources 2090 US Highway 70 Swannanoa, NC 28778 Phone: 828-296.4500 Email: Bill. Beck(a-),ncmail.net Wi 4. PERMITTING INFORMATION 4.1 RESPONSIBLE PARTY CONTACT LIST The City Engineer will be responsible for the day-to-day activities and the coordination and implementation of the City's Stormwater Management Program Goals. a. Name of Contact Person James L. Patrick, P.E. b. Title City Engineer c. Street Address 305 Williams Street d. PO Box e. City Hendersonville f. State NC g. Zip 28739 h. Telephone Number 828.697.3060 i. Fax Number 828.697.3066 j. E-Mail Address jpatrick@cityofhendersonville.org To meet certain goals, however, the City must rely on the following entities and have procedures in place for working with them: Goal: Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. • Name of Entity Henderson County Emergency Management1911 • Element they will implement Hazardous Material Spill Response (Contacting agency) • Contact Person Rocky Hyder • Contact Address 101 East Allen Street Hendersonville, NC • Contact Telephone Number and Fax 828, 697.4728 • Email rhyder@hendersoncountync.org • Name of Entity City of Hendersonville Fire Department (Responding agency) • Element they will implement Hazardous Material Spill Response • Contact Person Chief Beau Lovelace • Contact Address 145 Fifth Avenue East Hendersonville, NC 28793 • Contact Telephone Number and Fax 828.697,3000 828.697,3014 • Email blovelace@cityofhendersonville.org 6 Goal: Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local NCDENR Office. • Name of Entity NC Department of Environment and Natural Resources • Element they will implement Erosion and Sediment Control Program for construction activities • Contact Person William C Beck, P.L.S. • Contact Address 2090 US Highway 70, Swannanoa, NC 28778 • Contact Telephone Number and Fax 828.296.4500 • Email Bill.Beck@ncmail.net Goal: Maintain roads and storm sewer infrastructure. • Name of Entity NC Department of Transportation - Division 14 • Element they will implement US25 and State Road maintenance • Contact Person Mark Gibbs, Division Engineer • Contact Address 4142 Haywood Rd., Horseshoe, NC 28742 • Contact Telephone Number and Fax (828) 891-7911 FAX: 828.891.5026 • Email mgibbs@dot.state.nc.us Goal: Regular inspections of existing septic systems and wells. • Name of Entity Henderson County Environmental Health Department • Element they will Well, septic, and wastewater treatment systems inspections implement • Contact Person Robert Jones, Environmental Health Supervisor • Contact Address 1347 Spartanburg Highway, Hendersonville, NC 28792 • Contact Telephone (828) 692-4228 Number • Email rsmith@henderson.lib.nc.us Hendersonville is also working with other entities informally which may lead to agreements to carry out certain parts of our Implementation Plan, but have not formalized agreements yet. These include Land -of -Sky Regional Council, which may coordinate with other entities as part of a regional effort to develop Public Education and Outreach as well as other programs, the Greater Hendersonville Chamber of Commerce's Environmental Committee, which may facilitate a Public Involvement and Participation process for business people and developers in the Hendersonville Area and the Henderson County Center of the NC Cooperative Extension Service. The City will provide these and any additional contacts as deemed appropriate and feasible by the planning process. 7 4.2 ORGANIZATIONAL CHART Hendersonville City Council Mayor Fred H. Niehoff Town Manager Chris A. Carter Engineering Dept Police Dept Town Administration Public Works Planning Fire Dept James L. Patrick, Donnie Parks, Jim Rudisill, Finance Tom Wooten, Director Roger Briggs, Beau Lovelace, Chief P.E., Chief David Sapp, Personnel Director City Engineer Tammie Drake, Town Clerk Susan Frady, Zoning Administrator The City Planning and Public Works Departments coordinate with NCDOT Division 14 on driveway permits and maintenance requests or needs. Developers are required by the City to obtain a NCDENR Sedimentation and Erosion Control Permit for any land disturbing activity of one acre or more. If someone contacts City Hall with a complaint, City staff refers them on to the local NCDENR Office. The County Environmental Health Department regularly inspects all known septic and well systems in the Hendersonville Area. The City is a voting member of the Land -of -Sky Regional Council of Governments and a member of the Greater Hendersonville Chamber of Commerce. 4.3 SIGNING OFFICIAL The Signing Official for this application is Fred H. Niehoff, Jr., the Mayor of Hendersonville, the elected official with the highest authority in accordance with City By -Laws. 4.4 DULY AUTHORIZED REPRESENTATIVE NIA 6 6. RELIANCE ON ANOTHER GOVERNMENT ENTITY a. Do you intend that another entity perform one or more of your permit obligations? X Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Henderson County Emergency Management1911 • Element they will im lement Hazardous Material Spill Response • Contact Person Rocky Hyder • Contact Address 101 East Allen Street Hendersonville, NC 28793 • Contact Telephone Number 828.697.4527 • Name of Entity City of Hendersonville Fire Department (Responding agency) • Element they will implement Hazardous Material Spill Response • Contact Person Chief Beau Lovelace • Contact Address 145 Fifth Avenue East Hendersonville, NC 28793 • Contact Telephone Number 828.697.3000 828.697.3014 • Name of Entity NCDENR — Land Resources, Sedimentation and Erosion Control • Element they will implement Construction -site Run-off Inspection • Contact Person William Beck, P.L.S. • Contact Address 2090 US Highway 70, Swannanoa, NC 28778 • Contact Telephone Number 828.296.4500 • Name of Entity NC Department of Transportation — Division 14 • Element they will implement U325 and State Road maintenance • Contact Person Mark Gibbs, Division Engineer • Contact Address 4142 Haywood Rd., Horseshoe, NC 28742 • Contact Telephone Number (828) 891-7911 Name of Entity Henderson County Environmental Health Department • Element they will implement Well, septic, and wastewater treatment systems inspections • Contact Person Robert Jones, Environmental Health Supervisor Contact Address 1347 Spartanburg Highway, Hendersonville, NC 28792 Contact Telephone Number (828) 692-4228 7. STORMWATER MANAGEMENT PROGRAM The City must develop, implement, and enforce a Stormwater management program (SWMP) designed to reduce the discharge of pollutants from its small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The SWMP must be developed and fully implemented within five years from the effective date of the issued NPDES Stormwater permit. As part of the five-year implementation process, the City must have Post -Construction Run-off regulations in place by May 06, 2009 (Minimum measure #5). 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS Minimum Measure (i): A public education and outreach program on the impacts of Stormwater discharges on water bodies to inform citizens of how to reduce pollutants in Stormwater run- off. The public body may satisfy this requirement by developing a local education and outreach program; by participating in a statewide education and outreach program coordinated by the department; or a combination of those approaches. To meet this requirement the City will implement a public education program to distribute educational materials to the community and conduct outreach activities to educate the public on the impacts of Stormwater discharges on water bodies. Educational efforts will include steps the public can take to reduce pollutants in storm water run-off. To accomplish this, the City will: Goals: 1. Explore the feasibility of regional approaches to the development and distribution of public educational materials and/or utilizing any statewide education or outreach programs, and develop a public materials distribution plan within two years. Have informational materials available in City Hall and on-line and through other mechanisms identified in the planning process during years 2-5. 2. Work with local resources including Land -of -Sky Regional Council, the Greater Hendersonville Chamber of Commerce, RiverLink and NCSU (the French Broad River Watershed Education Training Center Cooperative Extension) and other local agencies and organizations to develop local training and materials for the public, landscapers, developers, and schools. This could include topics such as Phase 11 Requirements, Parks and Recreation Maintenance, Low - Impact Design, Watershed Planning and Protection, or Habitat and Stream Restoration. Conduct or support and advertise at least one such training per year. 3. Place educational stencils on existing City street storm drains alerting people that the storm drains are not for waste disposal, for at least 90% of storm drains within the 5 year implementation period. 7.1.1 BMP Summary Table attached at the end of this chapter. 12 7.1.2 Target Audiences that will have storm water impacts: • The general public, particularly schools and homeowners associations; • Landscapers, graders, and developers. • City staff 7.1.3 Target Pollutant Sources our Education Program will address and Why: • Sedimentation and Erosion — The City will investigate the need for streambank stabilization and will include educational signage about Mud Creek, sedimentation and erosion control, and the importance of protecting our streams. The City will ensure that City property is not adversely contributing to sedimentation levels in local creeks and streams. • Automotive pollutants from parking lots -- Educational Materials will include information about the pollutants from parking lots and how to implement run-off controls in parking lot designs. • Household and yard waste — The City will try to ensure that residents do not dump hazardous materials, cleaners, automobile oil or antifreeze, etc. into the storm drains. • Fertilizers and pesticides — Property and business owners will be provided information on the proper storage and use of pesticides and fertilizers. City Parks and Maintenance staff have received NC Department of Agriculture training on pesticide use and storage and they along with the appropriate Public Works staff will continue to be kept up to date though training and educational materials on the use of fertilizers and pesticides. • Fecal Bacteria -- Residents will be provided with information on the proper disposal of pet waste, kitty litter, etc. as part of regular solid waste informational materials distributed by the City and included in signage within City parks. 7.1.4 Outreach Program • The City will work with a local committee and the Land -of -Sky Regional Council's Regional work group to develop outreach strategies and "BMPs" within the first two years of the implementation period. 7.1.5 Decision Process • The four identified goals were chosen because of their ability to reach out to the targeted audiences in cost-effective ways: 1. Explore the feasibility of regional approaches to the development and distribution of public educational materials during first two years and then disseminate information as developed. 2. Work with local resources to develop local training and materials for the public, landscapers, developers, and schools. 3. Establish demonstration sites for streambank stabilization, educational signage, and BMPs. 13 4. Place educational stencils on existing City street storm drains alerting people that the storm drains are not for waste disposal. Objectives, details, and individual strategies for implementing each of these goals will be documented as the local planning process moves forward to develop a program. 7.1.6 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. 14 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION Minimum measure (ii): A public involvement and participation program consistent with all applicable state and local requirements. To meet this requirement the City of Hendersonville will: Goals- 1 . Continue to seek input and provide updates on Phase II requirements and implementation to City Council and the City Planning Board as part of regularly scheduled public meetings. 2. Utilize a local committee and the Planning Board to develop strategies and finalize an implementation plan. 3. Explore feasibility of working with other local agencies or adjoining communities to develop public input and informational workshops or other processes. 4. Explore feasibility of initiating a local "Adopt -a -Stream", "Adopt -a -Creek", or even "Adapt -a - Drain" program in coordination with Riverl-ink, Henderson County Environmental Conservation Organization, Scout Troops, or other local resources. 5. Promote Annual "Big Sweep" Event each September to clean up the local streams. 7.2.1 BMP Summary Table Attached 7.2.2 Target Audience Same as 7.1.2 7.2.3 Participation Program City council was briefed regularly on the application process. The Hendersonville Chamber of Commerce volunteered to assist with public education. The NC Cooperative Extension Service, Henderson County Center held several meetings with local representatives to discuss the application process and ways to involve the public. 7.2.4 Decision Process. Local business owners and concerned citizens will be invited to participate in the public involvement participation program. 7.2.5 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. 15 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION Minimum Measure (iii): A Program to detect and eliminate illicit discharges within the MS4. The Program shall include a storm sewer system mapping component that at a minimum identifies Stormwater outfalls and the names and location of all waters within the jurisdiction of the public body. To meet this requirement the City of Hendersonville will develop, implement and enforce a program to detect and eliminate illicit discharges into the MS4, by: Goals: 1. Utilizing GPS and GIS to develop a map of the MS4 system and its outfalls relative to available USGS information and to update and maintain that map into the future; 2. Adopt a local ordinance with regulatory fines to prohibit illicit discharges into the system or the receiving streams. This ordinance will be developed and adopted concurrently with the post -construction run-off regulations within one year after issuance of the permit. 3. Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. 4. Maintain roads and storm sewer infrastructure in coordination with NCDOT, Division 14. 5. Regular inspections of existing septic systems and wells by the Henderson County Environmental Health Department. 7.3.1 BMP Summary Table Attached 7.3.2 Storm Sewer System Map An updated map of Hendersonville's Storm Sewer System will have to be developed by local staff and/or the use of consultants. 7.3.3-7.3.4 Regulatory Mechanisms and Enforcement The City will review any state model ordinances and regulatory guidelines if available and develop and adopt regulations prohibiting illicit discharges into the Storm Sewer System and receiving streams with regulatory fines, as well as develop and implement post - construction run-off guidelines. The goal will be to adopt these ordinances within one year after issuance of the permit. 7.3.5 Detection and Elimination The City will develop a plan to detect and address illicit discharges to the system through BMPs such as dry weather field screening, field tests of selected chemical parameters, and inspection of on -site sewage disposal systems. To accomplish this, the City will coordinate with the County's Department of Environmental Health and may utilize an environmental firm or consulting agency to assess and conduct regular inspections of new and existing BMP's and stormwater infrastructure. • 7.3.5.1 Priority areas will be identified as part of system mapping; Be • 7.3.5.2 Procedures for tracing sources of illicit discharges will be identified as the regulations are developed; • 7.3.5.3 Procedures for removing the source of the illicit discharge will be identified as the regulations are developed; • 7.3.5.4 Procedures for the evaluation of the plan to detect and eliminate illicit discharges will be identified as the regulations are developed. 7.3.6 — 7.3.7 Non Stormwater Discharges and Incidental non -storm water discharges The City will provide information on landscape irrigation to land and business owners as part of public education and outreach efforts. Lawn watering and individual residential car washing will be addressed through general public information and outreach efforts. Flows from riparian habitats and wetlands will be identified and inventoried as part of the system mapping effort. The City will look at feasibility of working with NCSU staff to develop structural BMP's as models and demonstration sites for public education. 7.3.8 Outreach The- City will inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste through our City newsletter and other informational material provided to residents and business owners. This need will be incorporated into other public outreach and City pollution prevention/good housekeeping efforts as appropriate. 7.3.9 Decision Process Clearly, not all the decisions for meeting this minimum measure have been made and will depend on formalization of the Final Rules, recommendations from the local committee, and any new discoveries made as part of the mapping and inventory process. The Decision making process can be documented as the implementation plan is finalized. 7.3.10 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. 17 7.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Minimum Measure (iv): A program to reduce pollutants in any Stormwater runoff to the MS4 from construction activities resulting in a land disturbance of greater than or equal to one acre. The City is currently and will continue to meet this requirement by continuing to work with the Local NCDENR Office and the State Erosion and Sedimentation Control Program and requiring a state permit in accordance with the North Carolina Sedimentation Pollution Control Act and all attendant regulations. Goals: 1. Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local NCDENR Office. IL7 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Minimum Measure (v): A program to address post -construction Stormwater runoff from new development and redevelopment projects that cumulatively disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4. To meet this requirement the City will develop, implement and enforce local regulations and a local program and fee schedule within one year of issuance of the permit. The program will ensure that controls are in place that would prevent or minimize water quality impacts and will include strategies and structural and non-structural BMPs that are best suited for Hendersonville's topography and landscape. To achieve this the City will: Goals: 1. Consider any model ordinance that the State may provide; 2. Utilize the local committee and City Planning Board to draft recommended language for City Council; and 3. Work with other communities, Land -of -Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 7.5.1 Program Requirements The City's program shall require all subject projects to apply for locally issued permit coverage under one of the following Stormwater management options and parameters as set forth in guidance document SWU-268-103102: 7.5.1.1 Low Density Projects. Projects shall be permitted as low density if they meet the following criteria: • No more than two dwelling units per acre or 24 percent built -upon area (BUA) for all residential and non-residential development; • Stormwater run-off from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable; All BUA shall be at a minimum of 30 feet landward of al perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 26 .0233 (3)(a); and • The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. 19 7.5.1.2 High Density Projects. Projects exceeding the low density threshold established above shall implement Stormwater control measures that: • Control and treat the difference in Stormwater runoff volume leaving the project site between the pre and post development conditions for the 1 year 24 hour storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not more than 120 hours; • All structural Stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; • General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c). • All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 213.0233 (3)(a); and The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. 7.5.2 Operation and Maintenance Component The City's program shall include an operation and maintenance component that ensures the adequate long-term operation of the structural BMPs required by the program. The program shall require owners of permitted BMPs to submit annual maintenance and inspection reports conducted and certified by a qualified professional. 7.5.3 Control of Fecal Coliform The City will coordinate with the Henderson County Environmental Health Department to develop and implement an oversight program to ensure the proper operation and maintenance of on -site, private wastewater treatment systems, septic, and private well systems. The City will also include education about fecal bacteria from pet waste in its public education program (7.1). 7.5.4 Programs Draining into SA Waters — NIA 7.5.5 Programs draining into trout (Tr) waters Wash Creek is classified as C Tr waters. The City shall require that selected BMPs that impact these waters do not result in a sustained increase in the receiving water temperature. These requirements will be developed and implemented concurrently with other local regulations regarding the Phase II Stormwater program and adopted within one year of issuance of the permit. 20 7.5.6 Programs for Draining into Nutrient Sensitive Waters — NIA 7.5.7 Watershed Planning The Planning Board and City Council may consider a comprehensive watershed plan in coordination with Henderson County and other stakeholder groups depending on stakeholder interest and the availability of funds. 7.5.8 BMP Summary Table Attached at the end of this chapter 7.5.9 Non -Structural BMPs 7.5.9.1 The City passed an ordinance in 2000 providing a 50 foot buffer from all USGS blue line streams. 7.5.9.2 N/A 7.5.9.3 As part of the City Public Education and Outreach component, programs will be develop programs for developers that will show project designs 7.5.9.4 The City will consider minimization of 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, preventative maintenance and spill prevention as part of our program implementation 7.5.10 Structural BMPs 7.5.10.1 The City stormwater management ordinance requires the use of detention or retention to keep the post construction rate of runoff equal to the preconstruction rate of runoff. 7.5.10.2 NIA 7.5.10.3 Infiltration is allowed if subsurface conditions permit. 7.5.11 Regulatory Mechanism As stated above, the City will develop, implement and enforce local regulations and a local program and fee schedule by within one year of issuance of the permit. The program will ensure that controls are in place that would prevent or minimize water quality impacts and will include strategies and structural and non-structural BMPs that are best suited for Hendersonville's topography and landscape. To achieve this the City will: I. Consider any model ordinance that the State may provide; Il. Utilize the local committee and City Planning Board to draft recommended language for City Council; and 111. Work with other communities, Land -of -Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 21 7.5.12 Operation and Maintenance The City will explore the feasibility of creating the internal capacity or of working with/contracting with an environmental engineering firm, to regularly inspect and/or maintain BMP's as part of the City's program. 7.5.13 Decision Process Not all the decisions for meeting this minimum measure have been made and will depend on formalization of the Final Rules, any model ordinances or recommendations from the State or as identified by the local committee and any new discoveries made as part of the planning process and the mapping and inventory process. The Decision -making can be documented as the implementation plan is finalized and we have better local data to work with. All approaches will be considered based on their effectiveness to minimize water quality impacts within our community and the pre -development run-off conditions of the French Broad River basin. 7.5.14 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. 22 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS Minimum Measure (vi): A pollution prevention/good housekeeping program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those operations. To meet this requirement the City will develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. To address these concerns, the City: Goals: 1. Has/will work with the NC Division of Pollution Prevention and Waste Reduction Partners of Land -of -Sky Regional Council to conduct a Good Housekeeping and Pollution Prevention Assessment of all City facilities and will implement recommendations from that assessment. 2. Continue maintenance policies of good housekeeping and pollution prevention practices within all City facilities. 3. Utilize available training materials from EPA, the State, or other organizations as part of employee training. 7.6.1 BMP Summary Table Attached 7.6.2 Affected Operations: The principle municipal operations of the City of Hendersonville that are relevant to this permit program are those of vehicle washing, automotive maintenance, and materials storage that all occur in the Public Works Motor Pool Facility, and of Park maintenance which occurs on City Park properties. 7.6.3 Training: The City will continue to seek training for maintenance and public works personnel in pollution prevention and good housekeeping measures. 7.6.4 Maintenance and Inspections: Public Works staff is on Park property every day of the week to maintain grounds and facilities. All garbage cans, picnic tables, dugouts, stands, and other park facilities are anchored. The City Public Works Motor Pool staff is in the Motor Pool daily and follows a routine maintenance schedule. Public works staff also respond as needed to complaints or maintenance needs. 7.6.5 Vehicular Operations: The City of Hendersonville fleet includes 140 insured vehicles, including passenger cars and various types of trucks. 23 Light vehicle maintenance (oil changes, tire rotation, etc.) and some significant maintenance for City vehicles are done at the Motor Pool. Used oil is collected for recycling and stored in a covered and anchored tank with a concrete spill basin. Basin is checked regularly and after rains for any evidence of seepage or leaks. Other significant automotive repair for City vehicles is done utilizing local private mechanic services. There is a single uncovered wash bay for City vehicles located behind the motor pool. An oil water separator will be installed in the near future. The City utilizes a commercial refueling facility for the City fleet. Sand storage is under shelter at the Motor Pool. Other materials are also stored within the Motor Pool building and hazardous materials are stored on spill —pallets to contain any materials that seep, leak, or spill out of their containers or barrels/drums. Parking lot run-off from City Hall and the fire Department drains into existing storm drains or drainage ditches installed by NCDOT along King Street and US25 North. Drainage from the City Operations Center parking lot flows into a tributary of Mud Creek. 7.6.6 Waste Disposal: The City does not own or operate a waste transfer station. City garbage trucks collect garbage weekly and deliver it to the Henderson County landfill. The City contracts with Curbside, Inc. to collect recyciables. 7.6.7 Flood Management Projects: The City is a participant in the Federal Emergency Management Agency National Flood Insurance Program and as part of that monitors all construction within designated flood plains. 7.6.8 Existing Ordinances: As part of the local floodplain ordinance, the City passed a 50 foot set back from the top of all USGS blue line streams within the City limits. 7.6.9 Other Evaluations: NIA 7.6.10 Decision Process: The City has an outstanding record of good housekeeping practices and will continue to maintain those practices in both City Facilities and Parks. 7.6.11 Evaluation: Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and aslif there are changes with the Final Rules. 24 BMP SUMMARY TABLE: CITY OF HENDERSONVILLE NPDES PERMIT APPLICATION NARRATIVE SUMMARY 1. BMP's and Measurable Goals for Public Education and Outreach BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Explore regional opportunities for Implement a public educational materials X X City Engineer cost sharing on development and distribution plan within two years. distribution. X X X X X Distribute information through the City newsletter and website X X X X Conduct/Promote annual public workshops X X X Educational Materials available in City Hall for developers, businesses and residents 2. Conduct/Promote annual trainings Work with local and agencies to develop X X X City Engineer locally training and materials for the public, landscapers, developers, and schools. 3. Work with local Scout Troops to Place educational stencils on existing X X X X City Engineer install storm drain stencils in Citystreet storm drains alerting people that the residential neighborhoods. storm drains are not for waste disposal 2. BMPs and Measurable Goals for Public Involvement and Participation BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Keep City leaders informed and Continue to seek input and provide updates on X X X X X City Engineer integrate public inputs into Plan Phase lI requirements and implementation to implementation. City Council and the City Planning Board as part of regularly scheduled public meetings. 2. Establish a local Stormwater Utilize a local committee and the Planning X X X X X City Engineer Advisory Committee Board to develop strategies and finalize an implementation plan. 3. Cost share public information and Explore feasibility of working with other local X X X X City Engineer participation efforts with neighboring agencies or adjoining communities to develop jurisdictions. public input and informational workshops or other processes. 4. Utilize "Adopt -a-" programs. Initiate a local "Adopt -a -Stream", "Adapt -a- X X X X City Engineer, Creek", or an "Adopt -a -Drain" program in ECO, coordination with RiverLink, Henderson RiverLink County Environmental Conservation Organization, Scout Troops, or other local resources. 5. Promote Volunteer efforts to clean Promote Annual "Big Sweep" Event each X X X X X City Engineer, ECO, rivers. September to clean up Mud Creek and its RiverLink tributaries. 3. BMPs and Measurable Goals for Illicit Discharge and Elimination BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Inventory and Map streams, storm Utilize GIS to develop a map of the MS4 X X X X City Engineer, sewer system, and outfalls. system and its outfalls relative to available Public Works USGS information and to update and maintain Director that map into the future, 1 Establish Stormwater regulations and Adopt a local ordinance with regulatory fines X X X X City Engineer, fees. to prohibit illicit discharges into the system or Local Advisory the receiving streams. Committee, Planning Board 3. Effective Spill Management Protocol Prevent hazardous materials from reaching X X X X X Hi D, area streams through timely and effective Henderson Co. emergency management in hazardous spill Emergency Services situations 4. Regular road and storm sewer Maintain roads and storm sewer infrastructure X X X X Public Works Maintenance in coordination with NCDOT, Division 14, Department, NCDOT Division 14 5. Inspect and maintain septic and well Regular inspections of existing septic systems X X X X X Henderson County systems. and wells by the Henderson County Environmental Environmental Health Department. Health Department 4. BMPS and Measurable Goals for Construction Site Stormwater Run-off BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Require site plans and permits for Maintain an effective Erosion and X X X X X NCDENR — State land disturbing activities of 1 acre or Sediment Control Program for Sedimentation and more construction activities in coordination with Erosion Control the local NCDENR Office. Program 5. BMPs and Measurable Goals for Storm Water Management in New Development and Redevelopment BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Develop a local Ordinance Consider any model ordinance that the State X X X X Planning Director, may provide. Local Committee, City Planning Brd Utilize the local committee and City Planning X X X X Planning Director, Board to draft recommended language for City Local Advisory Council. Committee, Planning Board 2. Enforce Local Ordinance Work with other communities, Land -of -Sky X X X X Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 6. BMPs and Measurable Goals for Pollution Prevention and Good Housekeeping BMPs Measurable Goal Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Responsible Position 1. Utilize Spill pallets for hazardous Implement any recommendations from the X X X X X Public Works materials stored in barrels. Pollution Prevention and Waste Reduction Director Assessment to be conducted by Waste Maintain an inspection sheet for the Reduction Partners within the City facilities. oil recycling containment area. Provide signed recycling bins in break area. Keep materials labeled and in a neat and locked area. 2. Practice Good Housekeeping in all Continue City maintenance policies of good X X X X X Public Works City Facilities. housekeeping and pollution prevention Director, practices within current facilities, including City Parks 3. Utilize available training materials Train City Employees annually on good X X X X Public Works from EPA, the State, or other housekeeping, pollution prevention, and Director, organizations as part of employee hazardous materials management. training.