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HomeMy WebLinkAboutASHEBORO_COMPLETE FILE - HISTORICAL_20040405-STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000_ DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑ �UU U �Q� YYYYMMDD Michael F. Easley, Gnvcrnor Willi:itn G. RVss k., Sceretrn'y With Cawlina Department of Ertvinmment and Nntmal Resources Alan W. Klimek. P 1'. Director Division of wmer Quality Colecn H. Sullins, Dclntly Dircctoi I)ivision uF water Quality April 5, 2004 David B. Leonard Town Manager Town of Asheboro P.O. Box 1 106 Asheboro, NC 27204- t 106 Subject: NPDES Phase I1 Stormwater Program State Designation Process Randolph County Dcar Mr. Leonard: We are writing this letter to provide you with information on activities related to state designation of' public entities Under the stormwater NPDES program, and potential implications for your community. We would like to start by giving you some background information on the NPDES Phase 2 Stormwater Program and areas that are, or may be covered by the program. The letter will then provide you with more descriptive information on the implementation of the state designation requirements under this program. Your community has been identified for consideration under the state designation procedures. Please note that this does not mean your community has been designated at this point. Various pieces of information, including community input and other public input, will be considered before making decisions on any state designations. Background NNDLS Infoi-matimi In 1990 the U.S. Environmental Protection Agency's (CPA) Phase 1 stormwater grog rare was promulgated under the Clcall Watcr 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) tcn categories of industrial activity. The NPDES Stormwater Phase II 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 It program expands the Phase 1 program by requiring additional N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27099.1617 (919) 733-7015 Custonur Service I-S77-623-6748 David B. Leonard April 5, 2004 Page 2 operators of MS4s in urbanized areas and operators of small COnstrtrC0011 s1teS, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase H 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. North Caroling is an EPA delegated state for the federal NPDES program and implements this program through the Division of Water Quality (DWQ). A small MS4 becomes part of the Phase II program in one of three ways; 1) Automatic designation, 2) State designation, or- 3) Petitioning. Automatic designation Automatic designation under the federal program applies to areas defined as an Urbanized Area by the U.S. Census Bureau. The definition of an Urbanized Area is complex, but in general terms it is any local government or group of local governments that combined have a population of 50,000 and a density of 1,000 people per square mile. Based on the most recent census data, there are 17 Urbanized Areas in North Carolina. These areas include 123 cities and 33 counties for automatic designation. State Designation The federal regulations require state implementation agencies to develop state designation criteria to screen communities outside of' Urbanized Areas to determine if they should be subject to Phase H. Under the federal regulations, the state's designation Cdteria must be applied to municipalities outside of an Urbanized Area that have a population of 10,000 or more and a density of 1,000 people per square mile. In North Carolina, counties outside of an Urbanized Area will also be identified as a potentially regulated public entity if the county municipal and non -municipal total population is greater than 45,000 persons. In both cases total population includes both permanent and seasonal population. The state implementation process may identify additional public entities that have the potential to discharge stormwater resulting in exceedances of water duality standards, including impairment of designated uses, or other significant water quality impacts, including adverse habitat and biological impacts. Petitioning Petitioning is the third mechanism for inclusion of small MS4s into the Phase 11 program. Under this option, anyone can petition DWQ to cover a local government under a Phase 11 permit if there are significant water quality concerns associated with that community. Affected communities are notified when a petition is received. DWQ will gather information, allow for public input and decide whether the community should be in the program. S an David 13, Leonard April 5, 2004 Pauc 3 implementation of Slate Designation The state designation process will be implemented in accordance with the schedule for Basinwide Plans beginning with the Cape Fear River Basin in May, 2004. DWQ will publish a list of public entities identified in each basin. To the extent possible, publication of this list will be coordinated with public notices issued through basinwide planning efforts. All public entities identified will be notified in writing by DWQ, As part of the public process, DWQ will accept public comment on the consideration of each identified entity. A final determination on designation for each of the listed public entities will involve review of the evaluation criteria, review of public comments received, and review of the effectiveness of any existing water quality protection programs. Where a public entity is designated under state designation, DWQ will notify the entity of its designation For stormwater coverage in writing- This notification will outline the basis(es) of the designation and the date on which the application for coverage must be submitted to the Department. Designated public entities must apply for permit coverage within 18 months of State notification. NPDES Permit coverage will only apply to municipal separate storm sewer systems owned or operated by the public entities. We are writing to you to notify you that Asheboro has been identified for consideration for state designation based on the population criteria spelled out above. Public comments on potential designation will be accepted through June 30, 2004. For more information, our web address is httpa/h2o.enr.st',itc.nc.us/su/Stormw�itei-.htini. If you have any questions about. this letter, please feel free to contact me (919-733-5083, ext.525) or Mike Randall (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Winston-Salem Regional Office