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BERMUDA RUN_COMPLETE FILE - HISTORICAL_20060905
STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000_TDQ,�hUJA_ DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE YYYYMMDD I \NA]� Michael F. Easley, Governor `0 �0 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CO 7 Alan W. Klimek, P. E. Director Division of Water Quality 5 Colcen H, Sullins, Deputy Director Division of Water Quality September 5, 2006 The Town of Bermuda Run John Ferguson, Mayor 169 Yadkin Valley Road Advance, North Carolina 27006 Subject: Request for Waiver Dear Mr. Ferguson; Pursuant to Session Law 2006-246, municipalities with a population of less than 10,000, are not required to obtain a Phase 1I National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under. the requirements of 33 U.S.C. § 1313(d). The State may waive the requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the following criteria: ➢ The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 and has determined that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern. The pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the MS4; and ➢ The permitting authority has determined that future discharges from the MS4 does not have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. DWQ has reviewed the comments received, the requirements of state laws and administrative rules, the rights of the municipalities, and our mandate to protect public health and environmental quality. Based on that review, DWQ is granting the Town of Bermuda Run (populations less than 10,000) a waiver from the requirements otherwise applicable to municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized area. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 ZA A010 Customer Service 1-877-623.6748 Pursuant to Session Law 2006-246, the Town of Bermuda Run may subsequently be required to seek coverage under an NPDES permit if circumstances change. Although requirements to seek an NPDES Permit to administer the six minimum measures in 40 CFR 122.34 has been waived for the Town of Bermuda Run, beginning 1 July 2007, any new development that cumulatively disturbs one acre or more of land located in the Town of Bermuda Run, must comply with the standards set forth in Section 9 of Session Law 2006-246. The Division of Water Quality will administer and enforce the standards. for development unless local government (municipality or county) requests delegation to administration and enforcement of the standards set forth in Section 9 of Session Law 2006-246. If you want to review the current Phase II Session Law 2006-246(Senate Bill S 1566) you can down load it from: http://www.ncga.state.nc.us/ If you have any questions concerning this waiver or the post -construction requirements in Session Law 2006-246, please contact me at 919/733-5083 ext. 545. Sincerely, Mike Randall Environmental Engineer cc: DWQ Winston-Salem Regional Office Stormwater Permitting Unit DWQ Central File North Carolina Wildlife Resources Commission E-=d Richard B. Hamilton, Executive Director MEMORANDUM TO: Mr. Mike Randall, Wetlands and Stormwater Branch Di sion of Water Quality r�6.;.e.` o-, FROM: Shari L. Bryant, Piebmoni Region Coordinator Habitat Conservation Program DATE: 2 March 2006 SUBJECT: Request for Waiver to Phase Il National Pollutant Discharge Elimination System (NPDES) Permit for Stormwater Management for Villages of Alamance and Tobaccoville; Towns of Walkertown, Bermuda Run, and Glen Alpine; and City of King. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject request and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et seq.). Municipalities with a population of less than 1,000 are not required to obtain a Phase 11 NPDES permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters. The Village of Alamance has a population of less than 1000 and has requested a waiver under this provision. The State may waive the requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet specific criteria. • The Towns of Walkertown, Bermuda Run, GIen Alpine; the City of King; and the Village of Tobaccoville have populations of less than 10,000 and have requested a waiver. The NCWRC is very concerned about direct and indirect impacts of widespread urban growth, loss of headwater ecosystems, urban stormwater runoff and unmitigated stormwater issues, including aggravated flooding, on the aquatic and terrestrial wildlife resources in North Carolina. The documented decline in freshwater species is a direct response to declining quality of our streams and rivers. For example, 21 % of freshwater fishes and 53% of freshwater mussel species in North Carolina are designated endangered, threatened, or of special concern at the state level (LeGrand et al. 2001). Federally endangered and threatened species are particularly affected by secondary and cumulative impacts associated with urban development due to their sensitivity to slight habitat alterations. The NCWRC will not oppose the issuance of a waiver for the Villages of Alamance and Tobaccoville; Towns of Walkertown, Bermuda Run, and Glen Alpine, and the City of King since no federally listed species are known to occur in these watersheds at this time. However, we feel these Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 'd S�9L,-6b�-9EE �ue�Jg '1'S eB0:01 90 20 JeW Page 2 2 March 2006 Request for Waiver waivers should be re-evaluated periodically.. Should significant increases in population, degradation of water quality or aquatic habitat be found then the local municipality should be required to obtain a Phase H NPDES stormwater management permit. Although these municipalities may not be required to obtain a Phase H NPDES stormwater management permit, we encourage each municipality to work proactively to prevent water quality and aquatic habitat degradation that results from urban growth and development. We offer the following measures to help reduce impacts to aquatic and terrestrial wildlife resources. More detailed information on each of these measures can be found in NCWRC's Guidance Memorandum. to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality (August 2002) which is located on the web at: httl2://N%wN%-.new] Idli fe.ornhpa07_Wild1ifeSpcciesCon/p&7c3_impacts.pdf 1. We recommend the maintenance or establishment of a minimum 100-foot native forested buffer along each side of perennial streams and 50-foot native forested buffer along each side of intermittent streams and wetlands. Suffer width averaging may be appropriate due to existing contours and elevations if averaging provides the same overall acreage. 2. Delineation of streams should be conducted for the municipal service area according to U.S. Army Corps of Engineers (USACOE) or N.C. Division of Water Quality (NCDWQ) methodology, This information can be found at http;/lh2o.enr.state.nc_us/nc,,vetlands/stmtfrm.htmi. Stream delineation should occur prior to site clearing activities including tree removal. Sewer lines, water lines, and other utility infrastructure should be kept out of riparian buffer areas (Knutson and Naef 1997; and references therein). Where practicable, utilities should follow the contours along the edge of floodplains. All utility crossings should be kept to a minimum. The directional bore (installation of utilities beneath the riverbed, avoiding impacts to the stream and. buffer) stream crossing method should be used for utility crossings wherever practicable, and the open cut stream crossing method should only be used when water level is low and stream flow is minimal. A minimum 50-100 foot setback on all streams, lakes, and wetlands should be maintained.. _ Pesticides should not be used for maintenance of rights -of -way within 100 feet of perennial streams and 50 feet of intermittent streams, or within floodplains and wetlands associated with these streams. 4. Commercial or residential development within the 100-year FEMA floodplain and jurisdictional water floodplains should be prohibited and entire floodplains should be protected as undisturbed forested areas. A no net loss of floodplain capacity ordinance is recommended. 5. To adequately protect streams, it is suggested that impervious surface is limited to less than 10%. Suggested examples to accomplish the <10% impervious goal are using conventional designs at a level of <l0% imperviousness or using conservation clusters with higher densities, with dedicated open space and other stormwater control measures to mimic the hydrograph consistent with an impervious coverage of less than 10%. 6. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the . need to fill and culvert, where practicable. 1f culverts must be used, the culvert should he designed to allow passage of aquatic organisms. if multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. 7. We recommend that municipalities incorporate the following elements into their erosion and sediment control plans: minimize clearing and grading, protect waterways, phase construction for larger construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a certified contractors program, and regularly inspect erosion control measures. E'd 929L-6irb-9EE '7'S e6o:oi 90 Zo Jew Page 3 `r 2 March 2006 Request for Waiver Thank you for the opportunity to provide comments on this request for waiver. If we can be of further assistance, please contact our office at (336) 449-7625. Literature Cited: Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. LeGrand, J. E., Jr., S. P. mall, and J. T. Finnegan. 2001. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment and Natural Resources, Raleigh. ec. Ron Linville, WRC j, d S29L-6t1i7-9EE 4ueaug •-1.S e60:01 90 20 uew 1 rg .i '•O. Date 03/02/06 Number of pages including cover sheet To: Mike Randall Phone Fax Phone cc- REMARKS: 919-733-5083 x545 919-733-9612 NC Wildlife Resources Commission Habitat Conservation Program P. O. Box 129 Sedalia, NC 27342-0129 From: Shari Bryant Phone Fax Phone 336-"9-7625 336-449-7625 ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment Stormwater Waivers — Village of Alamance and Tobaccoville, Towns of Walkertown, Bermuda Run, and Glen Alpine, City of King. T`d - Sa9G-6-H?-9EE jueRJa --j•S eB0:01 90 20 JeW Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natura4 Resources Alan W. Klimek, P.E. Director Division of Water Quality Date: January 10, 2006 To: Winston-Salem Journal Number: 336-727-7424 From: Sarah Young, Division of Water Quality Subject: Public Notice Pages: 1 Pursuant to 40 CFR 122.32, municipalities with a population of less than 10,000, are not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of 33 U.S.C. § 13t3(d). The State may waive the requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the following criteria: ➢ The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 and has determined that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or es'tdblished TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and ➢ The permitting authority has determined that future discharges from the MS4 does not have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, February 7, 2006. Please fax a copy of the proof to me at 919-733-9612 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 The Town of Walkertown, the Town of Bermuda Run, and the Village of Tobaccoville have requested waivers from the requirements otherwise applicable to municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized area located in Forsyth County, within the Yadkin Pee -Dee River Basin. The City of King has requested a waiver from the requirements otherwise applicable to municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized area located in Stokes County, within the Yadkin Pee -Dee River Basin. Comments must be received no later than March 3, 2006. Submit comments to: Mike Randall NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone Number: (919)-733-5083, extension 545 Mike.randall @ncmail.net N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 W UI) — 0 GrG --�16)_Yadlkin Valley Road it LS I II ' 1`J l shire i0o Advance, NC 27006 1 ' , NfAA 1 8 20041clep -p le. 336-998 0906 Facsimile: 336=998 7209 si er nil: rorvnofbr@aoLcom Mike Randall Division of Water Quality, Stormwater & General Permits Unit North Carolina Department of Environrrie.nt.and Natural Resources 1617 Mail Service,Center , Raleigh, NC 27699-1617 Re: Waiver Request --� National Pollutant Discharge Elimination System; Phase II,.Stormwater Discharges from Smail Municipal Separate Storm Sewer Systems . Dear Mr. Randall: The Town of Berm'uda Run was notified' on November 13,•2002 with a letter detailing the requirement to develop a stormwater management program to apply .for stormwater permit -coverage. The letter continued to explain the process to obtain an'application and ' certification documents yet never mentioned the possibility of a waiver request. Upon receipt of the letter, the Town contacted Paula Thomas who, at that,time, stated that' -waivers were not granted.• Several attempts were made to verify this information with,the . State with no avail. With the,deadline.quickly approaching in May, the Town is informed in March -that a waiver.may'be granted. The Town- of Bermuda Run hereby requests a waiver of requirements associated with Phase II of the National Pollutant,Diseharge Elimination System (NPDES) (elated to stormwater discharges, from sm_all.Municipal Separate Storm Sewer Systems (MS4s). We request this waiver in accordance with 40 CFR Part 122, ,§ 122.32(e). We provide the following information -related to this request: 1. Bermuda Run's population is 1,439 (less than 10,000). ; 2. Based upon a review of active and proposed Total Maximum Daily Load (TMDL) allocations listed on the Division'of.Water Quality's website; we are not aware of 'any TMDLs for the section of the Yadkin River into which Bermuda Run discharges-stormwater runoff.' Therefore, we believe that Bermuda Run's; stormwater discharges do not and will not result yin exceedance of water quality. - standards for receiving.waters. We request that the State review this request as soon as possible and that we be immediately notified if there are any questions related to its status. It is our understanding that by requesting this waiver, we will not be required to submit an NPDES Ph. II permit application by the May 2004 deadline. If this is incorrect, we rely upon you to notify us so that we can respond accordingly. Best Regards, ..Y e h M. Dirks Bermuda Run Town Manger �oF W q 7 9 �O G 7 � THE" TOWN OF BFIRMUDA RUN BE l'EI DIRKS, "TOWN MANAGER 169 YADKIN VALLEY ROAD ADVANCE:. NC 27006 Bcth Dirks: 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 11/13/2002 Subject: NPDES Phase 11 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 1 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 I?I'A's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of'small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of' causing continued environmental degradation. The NTDIS 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 Town of Bermuda Run has been identified as being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Bermuda Run does not own or operate a small NIS4. The deadline for submitting'your application package or non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http://h2o.enr.state.nc.us/sulstortnwiter.html. Il' 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, 131'adlcy 13e11nctt. Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits, Unit Files Winston-Salem Regional Office Z NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1. 800-623-7748 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 1 1 /6/2002 THE 'TOWN OF BERMUDA RUN BETH DIRKS, TOWN MANAGER 119 mwy 801, SOUTH HILLSDALE PROFESSIONAL PARK, SUITE 3 ADVANCE, NC 27006 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage Beth Dirks: In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act, Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999 and is the next step in 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 II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau or Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Bermuda Run has been identified as being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Bermuda Run does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site. Our web address is http://h2o.enr.state.nc.us/su/siorrnwiter.htmt. 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 Winston-Salem Regional Office ©TA NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1-800-623-7748 o�oF W A 'q 7 � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1 11G12002 THE TOWN OF BERMUDA RUN BE`I H DIRKS, TOWN MANAGER 119 HWY 801, SOUTH HILLSDALE- PROFESSIONAL PARK. SUITE 3 ADVANCE, NC 27006 Beth Dirks: . Alan W. Klimek, P.E., Director Division of Water Quality Subject: NPDES Phase I1 Stormwater Program 2000 U.S. Census - Notification of Coverage In 1990 the U.S. Environmental Protection Agency's (EPA) Phase 1 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 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Bermuda Run has been identified its being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the Town of Bermuda Run does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http:llh2o.enr.state.nc.us/su/stormwater.htm1. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Winston-Salem Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015 TMA NCDENR Customer Service 1-800-623-7748