HomeMy WebLinkAboutNCS000498_OTHER_20050725STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
W C) qp
DOC TYPE
El FINAL PERMIT
❑ ANNUAL REPORT.
❑ APPLICATION
❑ COMPLIANCE
C11/6THER
DOC DATE
❑ ,20OYO %ate
YYYYMMDD
(� \N A -ri
9pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`O��
y
Alan W. Klimek, P. E. Director
Division of Water Quality
Q
Coleen H. Sullins, Deputy Director
_
Division of Water Quality
July 25, 2005
Sally W. Sandy, City Manager
305 East Union Street, Suite A100
P.O. box 3448
Morganton, North Carolina 28680
Subject: NPDES Permit Number NCS000498
City of Morganton
Dear Ms. Sandy:
The City of Morganton has been designated by the US EPA for inclusion in the Phase II
stormwater program. The City of Morganton was designated because their municipal boundaries
intersected a US Census -defined Urbanized Area.
Your community's draft permit is being publicly noticed the week of July 25, 2005.
All comments and request should reference draft permit number NCS000498. Comments must
be received no later than September 2, 2005. Copies of the draft permit are available at:
http:/ih2o.enr.state.nc.us/su/t)hase2_draft permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. If you have any questions about
this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
cc: Stormwater and General Permits Unit
DWQ Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733.7015
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Customer Service
1-877-623-6748
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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
i
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Mini& 11. E. Director
Division of Water Quality
Colleen It. Sullins, Deputy Director
Division or Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
City of Morganton
NCS000498
City of Morganton
Municipal Separate Storm Sewer System
Catawba River, Hunting Creek, Fiddlers Runs, East Prong, Warrior -
Fork, Wilson Creek, Canoe Creek, Little Silver Creek, Silver Creek,
Bailey's Fork, and Pee Dee Branch
Catawba River basin
WS IV, CA, WS I11, C
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
May 20, 2005 MAY 2 R Inn.
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on May 26, 2004 is
sufficient to issue an Individual Stormwater Permit. —
Prepared by (Signature) Date �SS
Stormwater and General Permits Svei�isor 9c if Date �- 5
Concurrence by Regional
Water Quality Supervisor
Date J
Date
�f!
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27099-1617 (919) 733-7015 Customer Service
1-877-623-6748
Regional Office Staff Comments
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000498
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
v
In compliance with the regulations promulgated and adopted y/th1 worth Carolina
Environmental Management Commission, and the Federal' ater Pollutrcn Control Act, as
amended,
City of Mor�gantddin
is herebyauthorized to discharge stormwater from" �the�i'r mufiici al separate storm sewers stem
g P P Y
located:
within the City of Morgant6h Jurisdictional Area
Burke1County
to receiving waters, Catawba Riven,-lUntting Creek, Fiddlers Runs, East Prong, Warrior Fork,
Wilson Creek, Canoe Creek, Little.Silver'Creek, S1lVeI Creek, Bailey's Fork, and Pee Dee
Branch, within the Catawba River basin in accordance with the discharge limitations, monitoring
requirements, and other conditions set forth in Parts I, 11, 111, IV, V, VI, VII and VIII hereof.
This permit shall become effective Month Day, Year.
This permit and the authorization to discharge shall expire at midnight on Month Day, Year.
Signed this day Month Day, Year.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
PERMIT NO. NCS000498
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATIQN, r.
SECTION D: ILLICIT DISCHARGE DETECTION ANDLIMINATION
SECTION E: CONSTRUCTION SITE RUN FF'CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTJON; AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT u,
PART IV REPORTING ANDKRECORD 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
8
PERMIT NO. NCS000498
PART I PERMIT COVERAGE
I. During the period beginning on the effective date of the permit and lasting until
expiration, the City of Morganton is authorized to discharge stormwater from the
municipal separate storm sewer system (MS4) to receiving waters, Catawba River,
Hunting Creek, Fiddlers Runs, East Prong, Warrior Fork, Wilson Creek, Canoe Creek,
Little Silver Creek, Silver Creek, Bailey's Fork, and Pee Dee Branch, within the Catawba
River River Basin. Such discharge will be controlled, limited and monitored in
accordance with the permittee's Comprehensive Stormwater Management Program
Report, herein referred to as the Stormwater Plan. The Sta rnwaterP Ian includes
components of the permittee's Phase 11 Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Program Report and any approved,modilicaEti cations.
2. All discharges authorized herein shall be adegUateky managed in accordance with the
terms and conditions of this permit. Any�oihcr poiWsource discharge to surface waters
of the state is prohibited unless4t�is an,allowable non-stormwater discharge or is covered
by another permit, authorization, o ,appro
3. This permit does not relieve th6�eirm�r it� from responsibility for compliance with any
C ry
other applicable federal, state, or r loc ! law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Develop and properly implement the Stormwater Plan. The purpose of the Stormwater
Plan is to reduce pollutants to the maximum extent from your MS4 to protect water
Part I Page 1 of 2
PERMIT NO. NCS000498
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Implementation of best management practices consistent with the provisions of the storm
water management program constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another,#NPOES'discharge permit including
discharges of process and non -process waste ater,arid stormwater associated
with industrial activity; or _''�
(b) Determined to be incidental non-stormwater flows ihat do not significantly impact
water quality and may include: .. 2 �- `'0"
• water line flushing;
• landscape irrigation;_ F --
• diverted stream flowsx
• rising groundwaters;
• uncontaminated groundwater -infiltration;
• uncontaminated/t ped gro ndwater;
• discharges from!.'otable}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 pen-nittee's Stormwater Plan.
0
Part I Page 2 of 2
PERMIT NO. NCS000498
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 legal m chanism such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of tWt�`atuso( development of appropriate
ordinances and legal authorities and will pursue,these authorities thorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee s Stormwater Plan will belrmplemented 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 me t,this\p ovision, implementation of the Stormwater Plan
Will occur with emphasis given -to -priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implemenVt-the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
G. 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.
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 past -development impacts. This program will include provisions for long-term
operation and maintenance of' BMPs.
Part 11 Page I of
PERMIT NO. NCS000498
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part 11 Page 2 of 1
PERMIT NO. NCS000498
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
(d) Inform the public on steps they can take to reduce
pollution.
2. BMPs for Public Education and Outreach
The per-mittee shall implement the following BMPst to me
/ I {l
Education and Outreach Program and shall notify the Div
zh� U
water pollution.
nt-stormwatcr
;objectives of the Public
prior to modification of any goals.
BMP
Measurable Goals
YR
YR
YR
YR
YR-
1
2
3
4
5
(a) Establish a Public
DeveloFa pl.16he education program and
X
X
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue "date Incorporate outreach elements
for signifi a t minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissernination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part Il Page 3 of I I
PERMIT NO. NCS000498
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet�the ol3jedtiWs of the Public
Involvement and Participation Program and shall notify)tWDivision prior to modification of
any goals. ,rw�
BMP.
•-'Measurable Goals- -
YR
YR
YR
YR
YR
1.
2.
..:3
"4
S
(a) Administer a Public
n t- r-:. �
Developand implerrmnent-_a<Public
X
X
X
X
X
Involvement Program
Involvement_-and�Participation 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/commenton the Stormwater Plan.
Stormwater Plan
(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) Water Supply
Continue to work with and support the
X
X
X
X
X
Watershed Review
Water Supply Watershed Review
Committee
Committee for input on stormwater issues
and the stormwater program.
Part 11 Page 4 of 1 l
PERMIT NO. NCS000498
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to thc,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 sour'cesare.identified as a
significant contributor of pollutants to the MS4:f' \-Z-
(c) Implement appropriate enforcement proceduresiind' ctions.
d Develop a storm sewers stem ma sh4/wain aalll,00utfalls and waters receiving
discharges. � �f
(e) Inform employees, businesses, and'the general public of hazards associated with
illegal discharges and improper�drsposal of waste.
2. I3MI's for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
... Jim P b o
F s � Me surahle SG�als : , p., �:
YR
YR ;
` YR
:Y�R
a Ylt .
1
2
3
4.
5�:
(a) Develop/Implement
Develop and implement an Illicit
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
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
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
Part. II Page 5 of 1 I
PERMIT NO. NCS000498
7-"BMY
- s ' Measurable Goals'. = �
YR
YR
YR'
YR
YR�`
&7W
n
(d) Implement illicit
Implement an inspection program to
X
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 mapof'=r.
drainage system components onpriority.
,y
basis per approved Illicit Discharge
Program. "=
(e) Conduct employee
Conduct training for municipal staff, on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees; businesses, and
X
X
X
X
X
education
the generat:public-of'hazards associated
`y V`
with illegal discharges and improper
disposarof
waiR Ay
(g) Establish a public
Establish and`�publicize a reporting
X
X
X
X
X
reporting mechanism
msmechanifor the public to report illicit
discharges.
Part II Page 6 of 1 1
PERMIT NO. NCS000498
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate,erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedul� reslte inspection and
enforcement of control measures.
(c) Establish requirements for construction sit -,,Operators to control waste such as
discarded building materials, concrete truck-washbut,.chemicals, litter, and
i � v
sanitary waste at the construction site that`may,cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff�I-antrdl
The permittee relies on the NCDENR Div_isic . nd Resources (DLR) Erosion and Sednnent
Control Program to comply with this•mrnimum measure.
The NCDENR Division of Land ResOLlrces%Erosion and Sediment Control Program effective
w
meets the requirements of the Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of' land surface and those activities less than
one acre that are part of it larger common plan of development. This program is authorized under
the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina
Administrative Code. This program includes procedures for public input, sanctions to ensure
compliance, requirements for construction site operators to implement appropriate erosion and
sediment control practices, review of site plans which incorporates consideration of potential
water quality impacts, and procedures for.site inspection and enforcement of control measures.
NCDENR Division of Water Quality NPDES general permit for construction activities
(NCG010000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the
above requirements. The NCG010000 permit establishes requirements for construction site
operators to control waste such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality.
The 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 it
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 it "minor modification" to the permit.
Part 11 Page 7 of I
PERMIT NO. NCS000498
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 and' aintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls,.
.14 ya�.K
The permittee shall implement the following BMPS toe objectives of the Post -
Construction Stormwater Management Program.
R �BMP
Measurable Goals
YR
Y_R
YR
YR
YR-
ilk D.
�2
Establish
Develop, ordinance
X
X
X
(a) aPost-
pdQpt'by (or similar
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from.,new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
X
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a
MS4
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
ualificd professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable,
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health de artment.
Part 11 Page 8 of l t
PERMIT NO. NCS000498
3.
The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-1— WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin �Nu fient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. for those areas within the,jurisdictional area of the permittee
that are not subject to the post-construction-stormwater management provisions of
another existing state stormwater managemeWpr:ogram, 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 mayjssue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density/project. P
(ii) A project niay,be.permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A)The stormwater control measures must control and treat the
difference between the pre -development and post -development
conditions for the 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 treatment systems must be designed to
achieve 85% average annual removal of total suspended solids,
Part 11 Page 9 of 1 I
PERMIT NO. NCS000498
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D)All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the
locally issued permit and incorporated by the development to
ensure that subsequent development activities maintain the
development (or redevelopment) consistent with the approved
plans.
(c) Watershed Protection Plans. Public bodies h ay%develop snd implement
comprehensive watershed protection plans that',may be used to meet part, or all, of
the requirements for post -construction storm.water management.
1.. -. �\ V,
(d) A regulated entity may develop its
the model ordinance developed by
construction practices based on'tH'
for best management practices, or.
practices to satisfy, in wl ole�or in
stormwater management.
awn o—mp-eliensive watershed plan, may use
lie Commission, may design its own post-
Ditision's guidance and engineering standards
imay incorporate the post -construction model
:�
art, the requirements for post -construction
Part II Page 10 of 1 I
PERMIT NO. NCS000498
SECTION G: POLLUTION PREVENTION ANI) 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 Housekeepingfor Municipal
Operations � �
The permittee shall implement the following BMPs to meet the e o}a'ectives of the Pollution
Prevention and Good Housekeeping Program and shall�notify,the Division prior to
modification of any goals.
BMP
Measurable Goals
YR
YR
YR
YR
YR
1
2
3
4
5
(a) Develop an operation
Developsan opef�hion a &-Aaintenance
X
X
X
X
and maintenance
program�`tlath:ts the ultimate goal of
program
preventing.N-�reducing pollutant runoff'
from munici also crations.
(b) Inspection and
Devdlop an inventory of all facilities and
X
X
X
X
evaluation of facilities,
1,
operations. owned and operated by the
operations, and the
permittee•with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
X
Pollution prevention and good
housekeeping procedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part 11 Page 1 I of I 1
PERMIT NO. NCS000498
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation�ll�be kept on -file by the
permittee for a period of five years and made available)to the'Director or his authorized
representative immediately upon request. ff T:
2. The permittee's Stormwater Plan will be rev iewed.and�updated as necessary, but at least
on an annual basis. The permittee will submit a report of+this'evaluation and monitoring
information to the Division on an annual basis. Th nfomation will be submitted by
[date] of each year and cover the previous .year'sactivities from [date]. The permittee's
reporting will include appropriate informationrto accurately describe the progress, status,
... and results of the permittee s Ston-nwate�trlr Plan":`an=tedr will include, but is not limited to, the
following components:
(a) The permittee will give a detalcd)description of the status of implementation of
the Stormwater PlanThis will include information on development and
implementation of Ul comp rents of the Stormwater Plan for the past year and
schedules and plans�foi 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 Ill Page I of 2
PERMIT NO. NCS000498
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The per miftee will provide
certification in writing (in accordance with Part IV, Paragraph,2) to the Director that the
changes have been made. Nothing in this paragraph shall'b�e`canstruedto limit the
Director's ability to conduct enforcement actions for vi lations'of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwat `r} Plan.
/� // \
Part. III Page 2 of 2
PERMIT NO. NCS000498
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least S years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, §hall.be submitted to the
following address:
Department of Environment and;Natural`Resources
Division of Water Q ality. �
Stormwater Permitting Unit
1617 Mail Service�Center
Raleigh!North,Ca olin'a- 699-1617
(b) All applications, reports„oi information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A peson is alai ly authorized representative only if:
(1) The authorizatioh"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."
Pail IV Page 1 of 2
PERMIT NO. NCS000498
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and tile
(d) The results of such activity orinformation
4. Twenty-four Hour Reporting
The permittee shall report to the central office 6jr the7appropriate regional office any
noncompliance that may constitute an,rrnminent threat to health or the environment. Any
information shall be provided orally withi i24 hours from the time the permittee became
aware of the circumstances. A written,subrmssion shall also be provided within 5 days of
,I, "" �.
the time the permittee becomes aware the circumstances.
The written submission shallltcontain a description of the noncompliance, and its causes;
the period of noncomphance;jncluding exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part 11.1 of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2
PERMIT NO. NCS000498
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification;,or ial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
N�•
Section 307(a) of the Clean Water Act for:t6xic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to,incorporate the requirement.
(b) The Clean Water Act provides"that any --person who violates a permit condition is
subject to a civil penalty ii6t to exceed the maximum amounts authorized by
Section 309(d) of the Acand'`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) i{currently�$27,500 per day for each violation). Any person
k..A b
who negligently violates -any permit condition is subject to criminal penalties of
$2,500 to $25,000 p °d y of violation, or imprisonment for not more than I 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 $1.1,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amormts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations
Part V Page 1 of 6
PERMIT NO. NCS000498
2
3.
4.
5.
6.
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 $ t 1,000 per day for each day during which the violation
continues, with the maximum amount of any Class 11 penalty not to exceed
$137,500).
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelih��jadve�rsely�affecting human
health or the environment.
Civil and Criminal Liability
Nothing in this permit shall be construed t/o,)eli//'e the permittee from any
Af
responsibilities, liabilities, or penalties for/noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.66, 143-2-i'5: 6C{or,Sectior 309 of the Federal Act, 33 USC 1319.
IL
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility foreffect ve�compliance may be temporarily suspended.
Oil and Hazardous Substance I'labilit
.. y
Nothing in this permit shAbe 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.
Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6
PERMIT NO. NCS000498
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies; tampers with, or knowingly
renders inaccurate, any monitoring device or methAlrequired to 6 maintained under this
permit shall, upon conviction, be punished by a finv6flotmore than $10,000 per
violation, or by imprisonment for not more than rwo,yearsper violation, or by both. If a
conviction of a person is for a violation committed.after a►first conviction of such person
under this paragraph, punishment is a fine ofovlm" oic that $20,000 per day of violation,
or by imprisonment of not more than 4years, or both.
9. Penalties for Falsification of` portsdM=
The Clean Water Act provides that .person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, ding monitoring reports or reports of compliance or
noncompliance shall, uponkconviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
10. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6
PERMIT NO. NCS000498
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1.
2.
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.
Need to Halt or Reduce r
It shall not be a defense fo
necessary to halt or reduce
condition of this permit.
Part V Page 4 of 6
that',it would have been
stain compliance with the
PERMIT NO. NCS000498
SECTION C: MONITORING AND RECORDS
2.
3
4.
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's diluted by any other
waste stream, body of water, or substance. When specified -Herein, monitoring points
established in this permit shall not be changed without notification to4and approval of the
Director.
Flow Measurements
Where required, appropriate flow mews
accepted scientific practices shall be se
reliability of measurements of the volui
Test Procedures
d methods consistent with
.ed a6d used to ensure the accuracy and
of monitored discharges.
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS\143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Part V Page 5 of 6
PERMIT NO. NCS000498
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 undeyNCGS''l43-�215 3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accorZance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not -be considered confidential.
Knowingly making any false statement on any,such`eport,may result in the imposition of
criminal penalties as provided for in NCGSA43-2'15?613or in Section 309 of the Federal
Act.%
Part V Page 6 of 6
PERMIT NO. NCS000498
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
Part VI Page 1 of 1.
PERMIT NO. NCS000498
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 V 11 Page 1 of l
PERMIT NO. NCS000498
2.
3
E
5
PART VIII DEFINITIONS
Act
See Clean Water Act.
Best Mana ement Practice BMP
Measures or practices used to reduce the amount of polluti
BMPs can be structural or non-structural and may take)the
physical structure or planning (see non-structural BMP)
Built -upon Area
.eying surface waters.
of a process, activity,
That portion of a development project that is., ov'ered;by-impervious or partially
impervious surface including, but not limited to,4buildings; pavement and gravel areas
li
such as roads, parking lots, and paths; ande ecreation facilities such as tennis courts.
"Built -upon area" does not include a wooidenIslattejd deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
p p P' Y p � � P g p'
material absorbs water or allow,wateifto infiltrate through the paving material.
Clean Water Act
The Federal Water Poilutian_Control Act, also known as the Clean Water Act (CWA), as
amended', 33 USC 1251, et. seq.
Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part Vi11 Page I of 4
PERMIT NO. NCS000498
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 A
l( '4V
The Director of the Division of Water Quality, the permit issumg.authority.
9. EMC
The North Carolina Environmental Managerfcnt:Comi�iission.
10. Grab Sample
An individual sample collected ta`eously. Grab samples that will be directly
analyzed or qualitatively monjtored musl)be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Dischar
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
Pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Se arate Storm Sewer System MS4
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
Part VIII Page 2 of-4
PERMIT NO. NCS000498
jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatm_ erit Works(°POTW) as defined in 40
CFR 122.2 a
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contr'butors of pollutants to the storm sewer
system: water line flushing, 1 nd ca 'e irr gation, diverted stream flows, rising
, ,
groundwater, uncontaminated groundwateginfiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated,pumped,groundwater, discharges from potable water
ram,
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 in fill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
Part VflI Page 3 of 4
PERMIT NO. NCS000498
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding;activity;
1. Results in no net increase in built -upon �larc i an
2. Provides equal or greater stormwater"control than previous development.
21. Stormwater Runoff'
The flow of water which results from, reci itation and which occurs immediately
following rainfall or as a result�of'snow`melFt,
22. Total Maximum Dal
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.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part Vlll Page 4 of 4
w A r�RQt:
6
0 `C
THE CITY OF MORGANTON
SALLY SANDY, CITY MANAGER
P.O. BOX 3448
MORGANTON, NC 28680-3448
Sally Sandy:
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
11I612002
Subject: NPDES Phase 1I Stormwater Program
2000 U.S. Census - Notification of Coverage
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted Stormwater
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase 11 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 Morganton 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
Morganton does not own nr operate a small MS4. The deadline for submitting your application package or
non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as
additional information on the NPDES stormwater program, are available for download at our web site, Our web address
is http://h2o.enr.state.ne.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
e� ,,
WC_ DERR
Customer Service
1-800-623-7748