HomeMy WebLinkAboutNCS000507_OTHER_200411092•V
NORTH CAROLINA
Department of Environmental Qual
STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
ic o �J
DOC TYPE
El FINAL PERMIT
0 ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ (/�6 U� 1, I � 1
YYYYIVI DD
W A7F9QG
r
0 �
William P. Whisnant, Town Manager
Town of Winterville
2571 Railroad Street
Winterville, North Carolina 27858
Dear Mr. Whisnant:
Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environrnent and NWLiral Resources
November 8, 2004
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Dcputy Director
Division of Water Quality
RE EnVED
Subject: NPDES Permit Number NCS000507
Town of Winterville
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210)
- Phase 11 Stormwater Management. The Governor signed the bill on August 2, 2004. This bill
addresses implementation of the federal NPDES Phase II Stormwater program in North Carolina.
In S 1210, the General Assembly provided a framework that will allow state and local
government agencies to begin implementing the program. The bill establishes minimum
stormwater management requirements for municipal storm sewer systems and also applies
stormwater controls to some developing areas around these municipalities.
Phase 1I Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's
permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. All comments and request
should reference draft permit number NCS000434. Please provide your comments by Friday,
December 10, 2004. 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
Washington Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
iAr
NCDENR
Customer Service
1-877-623-6748
DRAFT PERMIT NO. NCS000
STATE of NORTH CAROLIINA
DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES
DIVISION of WATER QUALITY
DRAFT PERMIT NO. NCS000507
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Stattf[e 1`43-2.15.1, other lawful
standards and regulations promulgated and adopted by theX;Drth Carolina Environmental
:,0Management Commission, and the Federal Water PollutioCo trot Vit-amended,
Town of Wintervi
is hereby authorized to discharge stormwater from their muriicipal separate storm sewer system
located:
Within the towtmf. Wintetvilleurisdictional Area
aPitt County
to receiving waters, Swift Creek, Fork SwampNobel Canal, within the Neuse River basin in
accordance with the discharge limitations, monitoring requirements, and other conditions set
forth in Parts 1, 11, 111, rV, V, VI, Vel aidfVEII 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
RECEIVED
b&Zi 'iM
DVqQ-W ARO
DRAFT PERMIT NO. NCS000
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F. POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
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
DRAFT PERMIT NO. NCSOOO
PART Y PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the town of Winterville is authorized to discharge stormwater from the
municipal separate storm sewer system to receiving waters, Swift Creels, Fork Swamp,
Nobel Canal, within the Neuse River basin. Such discharge will be controlled, limited
and monitored in accordance with the permittee Comprehensive Stormwater
Management Plan, herein referred to as the Stormwater Plan. The Stormwater Plan
includes components of the permittee's Phase 11 Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the
municipal storm sewer system within the jurisdictional area of the permittee and
surrounding areas as described in the approved local comprehensive stormwater
management program to control potential pollution from the storm sewer system. 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.
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 I43-215.1
and Session Law 2004-1 b3 and in accordance with the approved Stormwater Plan all
provisions contained and referenced in the Stormwater Plan are an enforceable part of this
permit. The permittee will develop and implement its approved Stormwater Program in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. Discharges authorized under this permit shall not cause or contribute to violations of
water quality standards.
Part I Page I of 2
DRAFT PERMIT NO, NCSOOO
8. The permit authorizes the point source discharge of stormwater runoff from the municipal
storm sewer system. In addition, discharges of non-stormwater are also authorized
through the municipal storm sewer of the permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NC AC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains,
• lawn watering;
• residential car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2
DRAFT PERMITNO. NCS000507
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 municipal separate storm sewer system. This
includes, but is not limited to, the following areas:
(a) The permittee will develop and maintain adequate legal authorities to implement
all provisions of the Stormwater Plan. The permittee will keep the Division
advised of the status of development of appropriate ordinances and legal
authorities and will pursue these authorities in accordance with the schedule
outlined in the Stormwater Plan. Any changes to the schedule must be approved
in accordance with Item 1(1) below.
(b) The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the municipal storm sewer system is reduced to the
maximum extent practicable. It is anticipated that in order to meet this provision,
implementation of the Stormwater Plan will occur with emphasis given to priority
areas and to management measures and programs that are most effective and
efficient at varying stages of the plan's implementation.
(c) The permittee will implement the appropriate components of the Stormwater Plan
to assure that, to the maximum extent practicable, illicit connections, spills and
illegal dumping into the municipal storm sewer system are prohibited.
(d) 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, but is not limited to, the
provisions of this permit and the applicable provisions of the permittee's
Stormwater Plan.
(c) The permittee will maintain adequate funding and staffing to implement and
manage the provisions of the Stormwater Plan.
(1) 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.
(g) The permittee will implement a program to reduce pollution from construction
site runoff as described in the permit application and in accordance with this
permit.
Part 11 Page 1 of 1 I
DRAFT PERMIT NO. NCS000507
(h) The permittee will implement an appropriate post -construction site runoff control
program to regulate new development and redevelopment by requiring structural
and non-structural best management practices to protect water quality, reduce
pollutant loading, and minimize post -development impacts. This program will
include provisions for long-term operation and maintenance of BMPs.
(1) 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.
U) Proposed permit modifications must be submitted to the Director for approval.
(k) In the first Annual Report after issuance of this permit, or after establishment of
an approved TMDL for a pollutant of concern in the permittee's storm water
discharges during this permit term, the permittee shall identify the impaired
stream segment(s) and/or tributaries to these impaired stream segments and the
location of all known municipal separate storm sewer systems (MS4) outfalls
discharging, a pollutant of concern to these segments or occurring within one
linear mile upstream of these segments. The permittee shall also propose a
monitoring plan (Plan) in the Annual Report for each pollutant of concern. The
Plan shall include the sample type, frequency, any seasonal considerations, and an
implementation schedule to start monitoring for each pollutant of concern. The
Plan must also include a schedule for the permittee to confirm the location of all
MS4 outfalls discharging a pollutant of concern to the impaired stream segments,
or within one linear mile upstream of these segments. Subsequent Annual
Reports will include an assessment of the data for each pollutant of concern, and
an assessment of the effectiveness of the BMPs employed, to determine what, if
any, additional adaptive BMP measures may be necessary to contribute toward
returning the stream to compliance with State water quality standards. Following
any review and comment on the Plan by the Division, the permittee will
incorporate any necessary changes into the Plan. Review of this plan may result
in comments from Division that will require changes to the plan.
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwate-r
pollution.
Part II Page 2 of 11
DRAFT PERMIT NO. NCS000507
2. BMPs for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
r
N ar rr.a,"rSR .wr �;a7 9is
Meastsrable Goals cam;}
t i
YR '
3;YR
" ��
1YRYR
x t,
.�YR
r ��jY'y idGl�.kw? r t^R St.y
t'1'f!!•yy.,�6,,r,,_e1"{,fir +.i, �i,..'F i' J F4.H.r`.'Sy#tiuSa'AryyE7
F
.
s
�
�F?{
fa " : , . 3?� a a.e k . cT n .srS.�.
a !S�.r,i , r+rex .'l ?L . - "�L .,r s: v> T�,,.4 rr.n
ar 1 !
,� . L<:
(a) Establish a Public
Develop a public education program and
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
materials for schools,
material targeting school children,
homeowners, and/or
homeowners, and businesses.
businesses
(d) Public education
Distribute written material through utility
X
X
X
X
material dissemination
mailouts, at special events, and at high
traffic businesses.
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public to participate in program development and
implementation.
(b) Reach out and engage major economic and ethnic groups.
(c) Comply with applicable State and local public notice requirements.
2. BMPs for Public involvement and Participation
The perm.ittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
s A•,M'
sI' MeasurabhFGoals;�4Y�R�
R
rYR}
YR
�;YR
�. V'
YR
(a) Administer a Public
Conduct a least one public meeting to
X
Involvement Program
allow the public an opportunity to review
and comment on the stormwater
management program.
Part 11 Page 3 of 1 1
DRAFT PERMIT NO. NCS000507
�.-: k
2 rBMP. y r
.,°�
'F '� i n P -+ �'r'� ' x w. » w' i' ;x'N
Y,� ' a> Measurable�Guals���
,YR,
q
r-
" YRY€R,
1
(b) 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.
(c) Establish a Citizens
Establish a citizens advisory panel to
X
X
X
X
X
Advisory Panel
review the Stormwater Management Plan,
to review the annual report, and to advise
the permittee on the Stormwater
Management Plan.
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
L 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 storm sewer system. The
permittee may require specific controls for a category of discharges, or prohibit
that discharge completely, if one or more of these categories of sources are
identified as a significant contributor of pollutants to the storm sewer system.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges-
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste-
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
BVIPti
X
.i3 M•Ch"7' JfY
r MeasurableAGoals�
v y$z'$ r l.w
F
(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and
Establish and maintain adequate legal
X
X
X
X
X
maintain appropriate
authorities to prohibit illicit discharges
legal authorities
and enforce approved Illicit Discharge
Detection and Elimination Program.
Part 11 Page 4 of 11
DRAFT' PERMIT NO. NCS000507
y,y ��� 4 �,V •PS' 1i'aa!wE*1sYw
{t'bR>EiMPt� �,p,
: �MeasurahleGoaLs _,
�r15 41N jm�;,� vr. $ "tc
4 YRYR
11
;YR''R
e
YR
m,*yj
;ate y, �' r
��Rv,"s P' ri'.�ylrti�{[�3 j�''gM°'';7, t�'•''
N5,
J
M,..-�+Y .°i�ii� ��
9��•
(c) Develop a Storm
Complete identification, locations of and
X
X
X
X
X
Sewer System Base
mapping of stormwater drainage system
Map
components. At a minimum, mapping
components includes outfalls, drainage
areas and receiving streams.
(d) Implement illicit
Implement inspection program to detect
X
X
X
X
X
discharge detection
dry weather flows at system outfalls.
procedures
Establish procedures for tracing the
sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Pro ram.
(e) Conduct employee
Conduct training for town staff on
X
X
X
X
X
cross-training__detecting
and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
Part II Page 5 of I 1
DRAFT PERMIT NO. NCS000507
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
l q
Sim
r
�rMeasurable Goals k'''':�
` D as h
�';.� y�Y
YR
a
-Y/R
4-
YR
i l lj cif
�.
-Y1
f
6 x'[,
$F 333 i:11y
111/rv7i
y' .[`.:
IM
�..�W ��. ,11,11 ..,,�r1J
(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory
and sediment controls at construction sites
mechanism for
and providing for sanctions to ensure
erosion and sediment
compliance. Instead of originating a new
control
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as adnunistered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee, The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
qualityim acts.
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls 2rogram.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information
consideration of erosion and
procedures
sedimentation information submitted by
the public. Publicize the procedures and
contact information. The procedures must
lead directly to a site inspection or other
timely follow-up action.
Part rl Page 6 of 11
DRAFT PERMIT NO. NCS000507
%A
M -A.kiffii 'W; Fax'45-11 ' S"-
w-
--ww'
1
2.
-"V'm
"Vlm
.4
�LWIW
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
L
based on local criteria.
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
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 pan of a larger common plan of development or sale.
(b) Ensure long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The perinittee's stormwater management ordinance and any subsequent amendments and the
additional BMPs below shall be implemented throughout the permittee'S jurisdictional area to
meet the objectives of the Post -Construction Site Runoff Control Program.
M .0
F;
Xiw'
0 Tle, Goalsm
fi
Alt
(a) Establish a Post
Develop, adopt by ordinance (or similar
X
X
Construction
regulatory mechanism), implement and
Stormwater
enforce a program to address post -
Management
construction runoff controls for new
Program (hereafter
development and redevelopment. The
the Program)
ordinance must be reviewed and approved
by the Department prior to
implementation. Ensure that controls are
in place to prevent or minimize water
quality impacts.
(b) Develop community
Develop guidance material or training
X
X
education
class for local developers explaining the
local post -construction approval process.
(c) Establish compliance
Take appropriate actions to address non-
X
and enforcement
compliance and ensure enforcement of the
I procedures
Program.
Part 13 Page 7 of I I
DRAFT PERMIT NO. NCS000507
r zBMP
r
Sk, r
,YRYR
� � .fl �tt� ; pi 0.w}1'i� p� � `.4d a y
S�Y,�tx
iYR'
YR
AYR
aCna. k��
.��'7
k
4
4•easurabletGoals�
-.'S: Y.0 .i:qE.�µ :.�� �i�)=.:.lid ,: ,r...i.: �
`i: .:iJ�.'.y,�,v.•. .. 3::..., .,. ... '... .. l�. :° 'nz^F, rti.WY..
•o�
d it
_ .'i y
(d) Establish strategies
Ensure adequate long-term operation and
X
X
X
X
which include
maintenance of structural BMPs. Require
structural and non-
annual inspection reports of permitted
structural BMPs
structural BMPs performed by a qualified
appropriate for the
professional.
MS4
(e) Ensure structural
Establish pre -construction review of plans
X
X
X
X
BMP design,
inspection during construction, and post -
construction,
construction acceptance procedures.
operation and
Require and review annual BMP
maintenenace
inspection reports.
compliance
(f) Establish a program
Control the sources of fecal coliform to
X
X
X
X
to control sources of
the maximum extent practicable. Develop
fecal coliform to the
and implement an oversight program to
maximum extent
ensure proper operation and maintenance
practicable
of on -site wastewater treatment systems
for domestic wastewater and conduct an
O&M awareness program for on -site
wastewater treatment system owners.
Municipalities must coordinate this
program with the county health
department.
(g) Establish a buffer
Require that built -upon areas be located at
X
X
X
X
requirement
least 30 feet landward of all perennial and
intermittent surface waters. For the
purpose of this permit, a surface water
shall be present if the feature is shown of
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 recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps
prepared by the United States Geologic
Survey (USGA).
An exception to this requirement may be
allowed when surface waters are not
present in accordance with the provisions
of 15A NCAC 2B .0233 (3)(a).
Part II Page 8 of 11
DRAFT PERMIT NO. NCS000507
easurahle
1r � ty.�Ni i*l� �r '1(y, -'✓T
{ �i'r�:
� � h jY� Y � !' S Z �1 �` � 5��l `
T
/V .I�y
'•
.� �!
�.
pLM1i.y{
�-'.
i.+•%Jri hyxlS
.�
•��<�
*s5: �,
. .:., :. t. .. a... N,ti �F�'�,
�ri .. '�'�" r 4 ti r r s
-3
`! �
(h) Ensure long term
Require recorded deed restrictions and
X
X
X
X
project conformity
protective covenants to ensure that
with the permittee's
subsequent development activities will
Program objective of
maintain the projects consistent with the
minimizing water
permittee's Post -Construction Site Runoff
quality impacts
Controls Program.
(i) Establish low -density
Define low -density projects as having
X
X
X
X
development
24% or less built -upon area (or no more
requirements
than 2 dwelling units per acre).
Require the use of vegetated conveyances
to the maximum extent practicable.
(j) Establish high-
Define high -density projects as having
X
X
X
X
density development
greater than 24% built -upon area.
requirements
Control and treat the difference in
stormwater runoff volume leaving the
project site between the pre and post
development conditions for the I year 24
hour storm.
Runoff volume drawdown time shall be a
minimum of 24 hours, but riot 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 shrill be in accordance with
15A NCAC 2H .1008(c).
(m)Establish nutrient
For projects draining to NSW waters,
X
X
X
X
X
sensitive waters
develop, adopt, and implement an
(NSW) protection
ordinance (or similar regulatory
measures (for
mechanism) to ensure that the best
programs with
management practice for reducing nutrient
development or
loading is selected. Develop and include
redevelopment
I a nutrient application (fertilizer and
Part [I Page 9 of I 1
DRAFT PERMIT NO. NCS000507
rt 1K1/'�yy,A .. _
r'.kWvI y y ii1.12r t
I �'
.- Sri b 5n 5 A 'f�,I
"" tir MeasurabEeGoals l��'
lc
1
YRA
1
af�Y6Rr
t
YR�
WYR,
Y§R
draining to NSW
organic nutrients) management program in
waters)
the Post -construction Stormwater
Management Program. In areas wherc the
Department has approved a Nutrient
Sensitive Water urban Stormwater
Management Program, the provisions of
k
the program fulfill the nutrient loading
reduction requirement.
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING
FOR MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping; for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
M 1M -
a`gMP�
i �.y r
�a
Y ,
a` ?,Measurable. Goals rr�
Si-i
b�
YR�
�T�
• f...-' I.pL/y Y6. ri- YW{'.�IY!'l�.i!.`"4y`
Y�r`•I`4.91R,
-
it Y J= '4...s ✓y=? i.6"��V 1 iAt
�y
.-iTs�"v�
%!r
2e'3
tN
!,ys{�,'�'`�
C•^•i.aT
F
4.�L. tie1. t.i. �
..,.�. _p.-�,,�
DWI>"=��[,1
l JG ..ice .
.i..i
.
:..M .i.+;
.•xJi
_ V4.w•
.s..e
�.1�...V+
(a) Develop an operation-
Develop an operation and maintenance
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
evaluation of facilities
operations owned and operated by the
and operations
permittee with the potential for generating
polluted stormwater runoff. Specifically
inspect the potential sources of polluted
runoff, the stormwater controls, and
conveyance systems. Evaluate the sources,
document deficiencies, plan corrective
actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
pollution prevention and good
housekeeping procedures.
Part II Page 10 of 11
DRAFT PERMIT NO. NCS000507
4, - i , � * .* i0
mg p;-
eamr lf4i� I OG ftVICAW
- P, I
ITLYM
W-�
�XR
T
(d) Review of regulated
Conduct annual review of the industrial
industrial activities
activities that hold a Phase I NPDES
stormwater permit owned and operated by
the permittee. Specifically review the
following aspects: the Stormwater
Pollution Prevention Plan where one is
required, the timeliness of any monitoring
reports required by the Phase I permit, and
the results of inspections and subsequent
follow-up actions at the facilities.
Part 11 Page I 1 of I 1
DRAFT PER -MIT NO. NCS000507
PART III PROGRAM ASSESSMENT
Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, monitoring and
sampling, inspections, maintenance activities, educational programs, implementation of
BMPs and enforcement actions. Documentation will be kept on -file by the permittee for
a period of five years and made available to the Director or his authorized representative
immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
[Set date two months after permit year's end] of each year and cover the previous year's
activities from [Insert start date] to [Insert end date]. The permittee's reporting will
include appropriate information to accurately describe the progress, status and results of
the permittee's Stormwater Plan and will include, but is not limited to, the following
components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
project assessments, inspections, enforcement actions, continued inventory and
Part III Page i of 2
DRAFT PERMIT NO. NCS000507
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
{g) The permittee will provide information concerning areas of water quality
improvement or degradation. Depending on the level of implementation of the
Stormwater Plan, this information may be submitted based on pilot studies,
individual projects or on a watershed or sub -watershed basis.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve•a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part CD Page 2 of 2
DRAFT PERMIT NO. NCS000507
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
L Monitoring Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original chart recordings for continuous monitoring
instrumentation, and copies of all reports required by this permit for a period of at least 5
years from the date of the sample, measurement, report or application. This period may
be extended by request of the Director at any time prior to the end of the five year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-16 l7
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(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 3
DRAFT PERMIT NO. NCS000507
3. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this permit, the permittee shall record the following
information:
(a) The dates, exact place, and time of sampling, measurements, 'inspection or
maintenance activity;
(b) The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
(e) The analytical techniques or methods used; and
(f) The results of such analyses.
4. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
or activities which could significantly alter the nature or quantity of pollutants discharged.
This notification requirement includes pollutants that are not specifically listed in the
permit or subject to notification requirements in 40 CFR Part 122.42 (a),
5. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
that may result in noncompliance with the permit requirements.
6. 'Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
Part IV Page 2 of 3
DRAFT PERMIT NO. NCS000507
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
7. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
8. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
9. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part 1V Page 3 of 3
DRAFT PERMIT NO. NCS000507
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
I. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.4 ] (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 l violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (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, VI, V11 & V)II Page I of 9
DRAFT PERMIT NO. NCS000507
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 31 l of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
b. 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, VI, VII & VIII Page 2 of 9
DRAFT PERMIT NO. NCS000507
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. [f a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
110. 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_
SECTION S: OPERATION AND MAINTENANCE of POLLUTION
CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
Part V, V1, VI1 & V1.11 Page 3 of 9
DRAFT PERMIT NO. NCS000507
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge, Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
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;
Part V, VI, VII & VIII Page 4 of 9
DRAFT PERMIT NO. NCS000507
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal
Act.
PART 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' 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, VI, VII & ViII Page 5 of 9
DRAFT PERMIT NO. NCS000507
PART VI1I DEFINITIONS
Act
See Clean Water Act,
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may tame the form of a process, activity,
physical structure or planning (see non-structural BMP).
3. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
4. Division (DWO)
The Division of Water Quality, Department of Environment and Natural Resources.
5. Director
The Director of the Division of Water Quality, the permit issuing authority.
6. EMC
The North Carolina Environmental Management Commission.
7. Grab Sample
An individual sample collected instantaneously_ Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
8. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
9. 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.
Part V, V1, VII & VI11 Page 6 of 9
DRAFT PERMIT NO. NCS000507
10. Industrial Activit
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
11. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
(i) Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
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 Owneci Treatment Works (POTW) as defined in 40
CFR 122.2
12. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
13, 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,
Part V, VI, VII & V111 Page 7 of 9
DRAFT PERivirr NO. NCS000507
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.
14. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
15. Permittee
The owner- or operator issued this permit.
16. 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.
17. Redevelo2ment
Means any rebuilding activity other than a rebuilding activity that;
(i) Results in no net increase in built -upon area, and
(ii) Provides equal or greater stormwater control than the previous development.
18. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at
least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A
single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
Part V, V1, VII & VID Page 8 of 9
DRAFT PERMIT NO. NCS000507
4
(b) Is present at or above threshold levels at a facility subject to SARA title III,
Section 313 reporting requirements; and
(c) That meet at least one of the following criteria:
(i) Is listed in appendix D of 40 CFR Part 122 on either Table Q (organic
priority pollutants), Table IlI (certain metals, cyanides, and phenols) or
Table W (certain toxic pollutants and hazardous substances),
(ii) Is listed as a hazardous substance pursuant to Section 31 1(b)(2)(A) of the
CWA in 40 CFR 116.4, or
(iii) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
20. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
21. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part V, VI, VQ & VH.1 Page 9 of 9
F W A rE Michael f . Easley. Governor
\O�O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
�! r Alan W. Klimek, 1'. h. Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
September 23, 2004
William P. Whisnant, Town Manager
Town of Winterville
2571 Railroad Street
Winterville, North Carolina 27858
Subject: NPDES Permit Number NCS000507
Town of Winterville
Dear Mr. Whisnant:
Enclosed for your review and comment is the draft Phase 2 NPDES Stormwater Permit
for the Town of Winterville. Following an appropriate public notice and comment period, we
anticipate this permit will become effective in the 4" quarter of 2004.
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.
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. Please provide your comments
by Friday, October 8, 2004. You will also have an opportunity to submit comments during the
public comment period in November, 2004. If you have any questions about this draft permit
don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
-2 �- x 4
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Washington Regional Office
N. C. Divisinn of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
A
14CDENR
Customer Service
1-877-623-6748
William P. Whisnant, Town Manager
Town of Winterville
2571 Railroad Street
Winterville, North Carolina 27858
Dear Mr. Whisnant:
Michael F. 1iasley, Governor
William G. Koss Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. 11. E. Director
Division of Water Quality
Coleen 11. Sullins, Deputy Director
Division of Water Quality
September 23, 2004 RECEIVED
SEP 2 7 2004
DWQ-WARD
Subject: NPDES Permit Number NCS000507
Town of Winterville
Enclosed for your review and comment is the draft Phase 2 NPDES Stormwater Permit
for the Town of Winterville. Following an appropriate public notice and comment period, we
anticipate this permit will become effective in the 4"' quarter of 2004.
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.
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. Please provide your comments
by Friday, October 8, 2004. You will also have an opportunity to submit comments during the
public comment period in November, 2004. If you have any questions about this 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
Washington Regional Office
N. C. Division of Water Quality 1617 Mail Service Cenler Raleigh, North Carolina 27699-1617 (919) 733-7015
NCD NR
Customer service
1-977-623-6749
F W A Tlc Michael F. Easley, Governor
`O�� 94G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, 1'. E. Director
3 Division of Water Quality
Q '� Coleen H. Sullins, Deputy Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
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
Town of Winterville
NCS000507
Town of Winterville
Municipal Separate Storm Sewer System
Swift Creek, Fork Swamp, Nobel Canal
Neuse River Basin
C, Sw, NSW
See attached draft permit
See Part V, Section A of the attached draft permit
Not applicable
Not applicable
October 8, 2004
NPDES Stormwater Permit Application Form
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on June 8, 2004 is sufficient
to issue an Individual Stormwater Permit. l
Prepared by (Signature) Date
wzwl
Stormwater and General Permits Supervisor 4Date
Concurrence by Regional Office Date
Water Quality Supervisor
Date
N. C. DiViSiOn of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
"IAA
iTCDENIt
Customer Service
1.877-623-6748
Regional Office Staff Comments
2751 Railroad Street
PO Box 1459
Winterville, NC 28590
Mr. Mike Randall
* 1 -9'&
Aim I ",�
WINTERVILLE -
J�ttilC(�r� '(/rc jauir/fe:�
June 28, 2004
Environmental Engineer
NC Department of Environment and Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: NPDES Permit Number NCS000507
Town of Winterville
Additional Information Request
Dear Mr. Randall:
WM
Phone: (252) 756-2221
Fax: (252) 321-8455
www.wintervillenc.com
JUL 6 2004
? DENR - WATER QUALITY
i. POWT SOURCE BRANCH
We are in receipt of your letter dated June 17, 2004, attached, concerning the subject Permit.
Our Town Engineer, Thomas W. Harwell, will be in touch with you by phone to schedule an
appointment in Raleigh to go over the requirements of the permit application and to pick up the
copies of the report previously submitted so that the documents may be rebound. The booklets
are in short supply and would be costly to be recopy.
Thank you for your assistance.
Best regards,
I 1�
William P. Whisnant
Town Manager
F W A 'JMichael 1'. Earslcy. Governor
0 R G William G. Russ Jr., secretary
North Carolina Department ur Envirunment and Natural Resources
Alan W. Klimek. 1'. E. Director
Division of Water Quality
Q colec" 11. sullins, Deputy Director
Division of Wader Quality
.lure 17, 2004
William P. Whisnant, Town Manager
Town of Winterville
2571 Railroad Street
Winterville, North Carolina 27858
Subject: NPDES Permit Number NCS000507
Town of Winterville
Additional Information Request
Dear Mr. Whisnant:
After a review of your permit application materials I found that Section 7 — StormWater
management Program is not sufficient to continue with the review and drafting of your permit.
Instructions for preparing the Stormwater Management program report can be found at
httR://h2o.enr.state.nc.us/stl/Forins DocumentS.htn7
The instructions guide you through compiling the report. The Stormwater Management
Program Report must detail the proposed stormwater management program for the five-year term
that your NPDES Stormwater permit will cover. The proposed stormwater management program
must meet specific minimum requirements as explained in the "Instructions: Comprehensive
Stormwater Management Program Report" found in the NPDES Phase 11 Forms and Documents.
section Form No. SWU-268-103102 and SWU-264. The Stormwater Management Program Report
must be prepared in accordance with the format and instructions. The report must be :assembled,
bound with tabs identifying each section by name and include a Table of Contents with }gage
numbers in accordance with Form SWU-264, Section X. Also be sure to include a BMP Summary
Table for each of the six minimum requirements.
Please provide the requested information by Friday, July 30, 2004. If you have any
questions about this request don't hesitate to contact me at (919) 733-508.3, ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Washington Regional Office
AA
TC 6 N—.4
N. C. Division of walcr Quality 1617 Mail Service Center Raleigh, North (:arolin.i 27699-1017 (919) 733.7015 (;ustonier Service
I.877-623-6748
William P. Whisnant, Town Manager
"[own of Winterville
2571 Railroad Street
Winterville, North Carolina 27858
Dear Mr. Whisnant:
Michael F' Casley, Govemor
William G. Russ Jr.. Secretary
Nwh Carolina Department or Environment and Natural Resonrccs
Alan W. Kilns', 1'. E. Director
Division of Watcr-Quality
Coleen 11. Sullins. Deputy Director
Division of Water Quality
June 17, 2004 RECF.EVUE.D
.SUN 18 2004
DWQ-WARD
Subject: NPDES Permit Number NCS000507
Town of Winterville
Additional Information Request
After a review of your permit application materials I found that Section 7 — StormWater
management Program is not sufficient to continue with the review and drafting of your permit.
Instructions for preparing the Stormwater Management program report can be found at
http://112o,enr.stitte.nc.us/su/Forms_ Docurnents.htnl
The instructions guide you through compiling the report. The Stormwater Management
Program Report must detail the proposed stormwater management program for the five-year term
that your NPDES Stormwater permit will cover. The proposed stormwater management program
must meet specific minimum requirements as explained in the "Instructions: Comprehensive
Stormwater Management Program Report" found in the NPDES Phase 11 forms and Documents
section Form No. SWU-268-103102 and SWU-264. The Stormwater Management Program Report
must be prepared in accordance with the format and instructions. The report must be assembled,
bound with tabs identifying each section by name and include a Table of Contents with page
numbers in accordance with Form SWU-264, Section X. Also be sure to include a 13MP Summary
Table for each of the six minimum requirements.
Please provide the requested information by Friday, July 30, 2004, If you have any
questions about this request don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Washington Regional Office
iJCi]�hst
N. C. Division n! Water Qualify 1617 Mail SCrvICC Canter Raleigh. Norils Carolina 27099.1617 (919) 733.7015 Customer Service
1-877-623-67,18
Michael F. Easley, Governor
William G. Koss Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, 1?. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Pirector
Division of Water Quality
June 17, 2004
William P. Whisnant, Town Manager
Town of Winterville
2571 Railroad. Street
Winterville, North Carolina 27858
Subject: NPDES Permit Number NCS000507
Town of Winterville
Additional information Request
Dear Mr. Whisnant:
After a review of your permit application materials 1 found that Section 7 — StormWater
management Program is not sufficient to continue with the review and drafting of your permit.
Instructions for preparing the Stormwater Management program report can be found at
httD:l/h2o.enr.state.nc.usfsu/.Forms Documents.htm
The instructions guide you through compiling the report. The Stormwater Management
Program Report must detail the proposed stormwater management program for the five-year term
that your NPDES stormwater permit will cover. The proposed stormwater management program
must meet specific minimum requirements as explained in the "Instructions: Comprehensive
Stormwater Management Program Report" found in the NPDES Phase 11 Forms and Documents
section Form No. SWU-268-103102 and SWU-264. The Stormwater Management Program Report
must be prepared in accordance with the format and instructions. The report must be assembled,
bound with tabs identifying each section by name and include a Table of Contents with page
numbers in accordance with Form SWU-264, Section X. Also be sure to include a BMP Summary
Table for each of the six minimum requirements.
Please provide the requested information by Friday, July 30, 2004. If you have any
questions about this request don't hesitate to contact me at (919) 733-5083, ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: Stormwater and General Permits Unit
Washington Regional Office
ti
N. C. Division of water Quality 1017 bail Service Center Raleigh, North Carolina 27099-I617 (919) 733-7015 Customer service
1-877-623-67,18
W A T �R'�G
o-c
THE "TOWN OF WINTERVILLE
DOUG JACKSON, MAYOR
P.O. BOX 1459
WINTERVILLE, NC 28590-1459
Doug Jackson:
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 /612002
Subject: NPDES Phase II Stormwater Program
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 lI 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 storm water
runoff. The Phase lI 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 1I is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of stormwater 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.
We are writing to you to remind you that the Town of Winterville has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that the Town of Winterville does not own or operate a small MS4. The deadline for
submitting your application package or non -ownership certification is March 10, 2003. 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. You may also contact us for hard copies of the
documents. 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
Washington Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
e40n
NCDENR
Customer Service
1- 800-623-7748
� II
NORTH CAROLINA
PITT COUNTY
THIS LEASE AGREEMENT, Made and entered into this
the' . .9-th day -of June, 1980, by and between the Town of Winterville,
a body corporate and politic, of Pitt County, North Carolina,
party of the first part,.'hereinafter referred to as the Lessor,
and Pitt County, a body corporate and politic of the State of
North Carolina, party of the second part, hereinafter referred -to
as the 'Lessee,
W I'TNE.S S E TH:
That, subject to the terms and conditions hereinaft
set forth, the said Lessor does hereby demise and lease to the
Lessee, those certain premises described as follows:
"That certain tract or parcel of land being situate
in Pitt County, Winterville Township, and lying just west of and
contiguous to the Winterville Cemetery property and more fully
described as follows: BEGINNING at a point on the south bank of
a ditch that separates the Town of Winterville property from the
Paul Braxton property; said point being located where the existing
cemetery fence intersects the said southern bank of said ditch, an
running thence from said beginning point South 02 degrees, 14
minutes West 117.18 feet along said f ence'to the northern gatepost
of said fence; thence continuing along gate and fence South 11
degrees, 34 minutes West 34.35 feet to an angle in said fence;
thence',South 56 degrees, 47 minutes West along said fence 101.67
feet to a point; thence leaving said fence and running North 77
degrees 25 minutes West 217.40 feet to a point; thence North 16
Page 42 - Lease
Degrees 31 minutes East 263.50 feet to the southern bank of the
3itch between the Town of Winterville property and the Paul
Braxton -property; thence South 68 degrees 11-minutes East along
the southern bank of said ditch 251.80 feet to the point of
BEGINNING, containing 1.46 acres, according to a Map of the same
prepared by C. A. Holliday., dated May 27, 1980, a copy of which
is attached hereto and made a part of this instrument and, to whicl
Map reference is hereby made for an accurate and complete
description."
The terms and conditions of this Lease are as
follows:
FIRST: The term of this Lease shall be for a period of
five (5) years, commencing on June 15, 1980, and
expiring on June 15, 1985. The Lessee hereby reserves the right
to renew the Lease for an additional period of five (5) years by
giving.written notice to renew thirty (30) days before the
expiration of the first five (5) year period, at the same rental.
ISECOND: The annual rental for said land for the term of th'.
Lease will'be One Hundred Dollars ($100.00) per yes
payable on or before June 15,- of each year for the term of this
Lease. Upon execution of this Lease by the Lessor, the Lessee
jshall have the right to enter said premises and commence work to
1prepare the land for the use intended by the Lessee.
�ITHIRD: The Lessee shall have the right to use said premise
for a 40 cubic yard solid waste container site and
1Iwill have -the right to construct ramps, access roads, concrete
11retaining walls, cut ditches and do such other things as will be
11necessary to utilize `the premises for the intended purpose.
Page #3 - Lease
'. FOURTH: Upon termination of this Lease, the Lessee shall
fill all trenches and excavations and remove any
concrete structures (upon the request of the Lessor) made by it
during the term of'this Lease, and shall leave said property'in
substantially the same condition as when first leased to said
Lessee.
FIFTH: Access to said site shall be from North Carolina
State Road 1131 (Alford McLawhorn Farm Road),
and the Lessee shall have the right during the term of this Lease
to free and unhindered ingress and egress along any service roads
?within said premises utilized or constructed by the Lessee for
the most convenient use of said premises for the purposes herein
set out.
SIXTH: In accepting this Lease, the Lessee agrees to.do
the following:
1. To maintain said premises in a sanitary and
neat condition.
2. The Lessee agrees that it will be responsibl
for any expense, loss or damage resulting
from any claim or cause of action arising
out of Lessee's negligent use of the premise
SEVENTH: In the event that the Lessee fails to pay the
rental provided for herein for a period of three
(3)-months or fails to maintain the covenants set out above as
F
determined by a court of competent jurisdiction, then in such
event, the Lessor shall have the: option of terminating this Lease
upon ninety (90) days` written notice, and the Lessee shall have (}
said ninety (90) days within which to move its equipment and any
improvements that it might have constructed on said premises and
desires to move.
i�
i�
jf I
�' i
=1
Page #4 —Lease
EIGHTH: In the event that any succeeding Board of
Conimissi.oners for the County. of Pitt should fail
to appropriate the necessary funds during each budget year for
the continuance of said Lease, then and in such event, this Lease
shall terminate as of June 14th of the fiscal year in which no
funds were appropriated,
.. IR WITNESS WHEREOF, the said Lessor and Lessee have
caused this. -Lease to be signed in their names, the day and year
first above written, in duplicate originals, one of which is
tained by each of the parties.
ST:
TTEST:
TOWN OF WINTERVILLE, A BODY
CORPORATE AND POLITIC O
COUNA
PIT
BY ,'Az CHAIRMAN OF TOWN BOARD
PITT COUNTY, A BODY CORPORATE
AND Pk'JU
LITIC
BY - F
ED N. WARREN, CHAIRMAN
BOARD OF COMMISSIONERS
i
NORTH CAROLINA )
)SS.
PITT COUNTY )
On this the 9th day'of June ,
19. 80 personally 'came before. me , ,
a Notary Public in.and for Pitt County, North Carolina,
,.who, being by me duly
sworn, says that knows the -common seal of Pitt County, a
body corporate and politic, and that is acquainted with
who is Chairman of the Pitt
County Board of Commissioners, and saw the said Chairman sign
-the foregoing instrument and saw the said common seal of Pitt
County affixed to 'said instrument by said•Chairman, and that
the said Clerk, signed
f ><t.)name in attestation of the. execution of the said
instrument in the presence of the said Chairman of the said
Board.
WITNESS my hand and Notarial Seal, this the
day of 19
My commission expires:
.d
IORTH CAROLINA }
)SS.
"-OUNTY OF-PITT )
On this the day of �,,_� 1980,
)ersonally came before me,,,
a Notary Public in and for Pitt County, North Carolina,
who, being by me
duly sworn, says thatknows the common seal of the Town
of Winterville, a body corporate and politic of Pitt County, North
Carolina, and than is acquainted with �� r
- , who is Chairman of the Board of Commissioners
of the Town of Winterville, and saw the said Chairman sign the
foregoing Lease Agreement and saw the common seal of the Town of
Winterville affixed to said instrument by said Chairman, and that
the said -
signed ' �s name' in attestation of the -execution of said
instrument in the presence of the said Chairman of the said Board.
WITNESS any. -hand and Notarial Seal, this the
day of .......... 1980.
commission expires: ,
■
_ 1
f
14
I
w
0