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BILTMORE FOREST_COMPLETE FILE - HISTORICAL_20120529
'STORMWATER DIVISION CODING SHEET Municipalities N.OT MS4 PERMIT NO. NCS0000 ,166-a--- DOC TYPE 0 COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑ o2d / c� d j—c;1�7 YYYYM M DD 44 -A- "00 N DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Terry Crollell Public Works Director 'town of Bilimorc 1:01-CSI P.O. Box 5352 Biltniorc Forest, North Carolina 29813 [)ear Mr. Crouch: Charles Wakild, P. E. Director May 29, 2012 Dee Freeman Secretary 1)WQ has reviewed the comments received, the requirements orstate 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 Biltrnorc Forest a waiver from the requirements otherwise applicable to municipalities that own or operate a municipal separate storm sewer system (MS4) within an tlrhariized area, 1'u1-suallt to Scssi011 1-aw 2006-246, the Town of' Riltmorc forest cony subsequently be required to seek ulveragc under an NI'DES permit ifeircumstances change, Although requirements to seek an NPI)E'S Permit to administer the six minimtull measures in 40 CFR 122.34 has been waived for.the "Town of I3iltmore Forest any new development that cumtdativcly disturbs one acre or more of land located in the -Town or Billinore Forest, must comply with the standards set forth in Section 9 of, Session Law 2006-246, as administered by Btlrlcombe county. lf*yotl have any questions concerning this waiver or, the post -construction requirements in Session Law 2006-246, please Contact me at 9I9-807-6374, cc: Susan WilSUrl, DWQ Asheville Regional Office Stormwater Permitting File 1617 Mail Service Center, Raleigh, North Caroiina 27699.1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-907.6300 k FAX: 919-807-6492 Internet: vnvw,ncwatorrlualiU.or-q M Equal Opportunity 1 Aff,rmalive Aaron Employer Sincerely, U , -�- ?15 � z Mike Randall North Carolina Division of Water Quality Slormwater Permitting Unit Qlle No •tliCal-olitia )Vaturatlry .,� Town Of Jgiltmare forvot 3publtr Work.0 Department Terry Crouch, Director Of Public Works 355 Vanderbilt Road, Biltmore Forest, NC 28803 Phone No. 274-3919 Email: pwdirector@biltmereforest.net Fax: 274-3921 01/09/2012 �„gp JAN IWATER � 20fZ Mike Randall �ErLANOSANDSTORMWAiE,TY BRANCH 1617 Mail Service Center Raleigh, N.C. 27699-1617 Mr. Randall, The Town of Biltmore Forest requests that the NPDES Storm water Permit NCS000443 be rescinded and that we be granted a five year waiver for that permit. We understand that our current storm water controls shall remain in place and any changes to these ordinances or programs will be made available to NCDENR. Below is a partial list of our current ordinances and control measures that hold relevancy to the issue. 1. Upon its inception, the Town was designed after the ideas of Frederick Law Olmstead as an arboretum type area. Green spaces were incorporated into the property as well as a strict policy on vegetation and tree removal. Because of this, all lots remain heavily wooded and in their natural condition. 2. The Town remains free of non -permeable sidewalks and the typical curb and gutter storm water system. Road shoulders are used extensively throughout the Town. 3. Leaves and brush are removed 2-4 times per month depending on the season. 4. The Town has two commercial blowers that are used to maintain and remove debris such as leaves, litter, and limbs from the catch basin inlets. Catch basins are also cleaned manually an average of twice a month. 5. There is a daily litter pick-up on every road in the Town limits. 6. Buncombe County is contracted to oversee all pre -construction and pos- construction activities as well as any inspections. 7. The Town has a local board of adjustment for all plan reviews. 8. The Town maintains a working relationship with OSHA and they regularly complete inspections of all facilities, paperwork, and BMP's for the Town. 9. The storm water map has been completed identifying all outfalls. 10. Storm water brochures are available at the Town Hall and information is available for the residents on the Town's website and in the bi-annual newsletter. 11. The golf course located in the center of town is current on their pesticide licensing and are governed and inspected by the NCDOA for all pesticides used. While this is not a complete list of all Biltmore Forest ordinances and programs, it does show that careful consideration is given to storm water issues. These regulations are an integral part of the Town's normal operations and have been for decades. We fully intend to maintain these standards. Sincerely, 1 Austin Tucker 2©l I Stormwater Management Program Assessment North Carolina Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 Town of Biltmore Forest Permit Number: NCS000443 County: Buncombe Report Number: NCS000443_2011 Region: Asheville Background Information sw100010 APPLICANT STATUS INFORMATION SW100020 Name of Public Entity Seeking Permit Coverage Town of Biltmore Forest sw100060 Jurisdictional Area (square miles) Population Permanent 1442 2011 Is M0008o Population Seasonal (if available) D , 11 1 RPE 1 MS4 SYSTEM INFORMATION swtaotzo Storm Sewer Service Area_(square, miles). _ :. _ . _ . river aasints) French Broad sw1oot5o Estimated percentage of jurisdictional area containing the following four land use activities swioalw Residential 78.6 Sw100170 Commercial L. 1.8 swt00180 Industrial 0 sw100,90 Open Space 19.6 sw1002lo Do you have an inventory of storm water inlets, pipes, ditches, and open channels? Yes swioom. Do you know how many outfalls your city discharges to and where they are located? Yes EXISTING LOCAL WATER QUALITY PROGRAMS swt00270 "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each riverwobasin within the MS4 service area. The web sites and resource contacts listed below.under Information Sources will help you locate the information you need. " swto028c River Basin Page 3 of 27 SWi00283 Program 1 Receiving Stream Name Brown branch raam•SeQment Source to four mile creek , swlD0310 Water Quality Classification c Sw100320 Use Support Rating TMDL No I Program 2 yt - e e � -- a. C � OO b G rr a -^- r � e. C • - o "• +6` � OO Y P . Receiving Stream Name Four mile branch 3 Stream'Segment ' Source to French Broad River,' SWI00334 Water Quality Classification c swtoo335 UseZupport'Rati TMDL No Receiving Stream Name Ram branch 9 Stream Segment Source to Swannanoa River Water Quality Classification c swioo33B Use. Support Rating .: TMDL No swf00331) Program 4 SWI0033E Receiving Stream Name Raoul branch sw10033F Stream Segment Source to four mile branch swloo33c Water Quality Classification c SWI0033H Use Support Rating TMDL No swioo340 Local Nutrient Sensitive Waters Strategy No Page 4 of 27 Sw100350 Local Water Supply Watershed Program No SWI00360 Delegated Erosion and Sediment Control Program Yes sw100370 CAMA Land Use Plan No sw,00400 Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional.arear Primary streams are those that are shown on a USGS topo maps or SCS map. Streamsthat are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. Sw100440 River basin you are in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm swMOO Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmi SW1oo46D Water Quality Classifications: http:Nh2o.enr.state.nc.us/bims/Reports/reportsWB.html Sw100470 Basinwide.Water Quality Plans: httpa/h2o.enr.st6te.nc.uslbasinwide/ifidex.html SWI00460 303(d) List: http://h2o.enr.state.nc.us/mtu/download.html SWI00490 CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) sw'oosaa If so, provide the name of that entity: n1a :.. r. Other Entity nla r loosw Have legal agreements been finalized between the co-permittees? No RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGA swioosao Do you intend that another entity perform one or more of your permit obligations? Yes . swFoosso If yes, identify each entity and the element they will be implementing swimwo Name of Entity Buncombe County swioosio Element they will implement Sedimentation adn Erosion Control swiooszo Contact Person . Mike Goodson sw100630 Contact Address 46 Valley St. Asheville NC sw1oos4o Contact Telephone Number " - 828 250-4848 Sw100650 Are legal agreements in place to establish responsibilities? Yes Page 5 of 27 SW100660 PERMITS AND CONSTRUCTION APPROVALS sw100700 State or NPDES Stormwater Permit Number (s) issued to the permittee NCS000443 SW100920 MS4 CONTACT INFORMATION swio0 m Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. swloo940 Name rr, c��•c�aem�c��e®o e�c©a�aasdxe wsc me ea=mscv�m©®eas Tegy Crouch swioogso Title Director of Public Works sw'00960 Street'Address , ro PO Box 5352 90rCiity,.- w Asheville _- io State NC SW101 Zrp 28813 sw1ololo Telephone 828 274-3919 swlotozOTFaxr: nY :�� �, .828z274_-3923 , SW101030 E-Mail biltmoreforestpw@charter.net swto,pao Permrttee'wWebsite::. t ;: w.." ` towno#tiiltmoreforest cam , io BMPs smof0eWo you plan to add any.h6V.iBMPs? SW101070 Do you plan to amend any existing BMPs? No swlolow If>yes; please provide a BMP description, measurable goal, and, implementation schedule for each new or.amended BMP. If further space is needed,` attach additional sheets. Co -Permitting Information SW101570 Contract Operations Page 6 of 27 sw101e30-Does.the Stormwato-Van-agernent Program Identify -ccrrtract operations (i.e., Transit Authorlties,— Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Yes Construction Site Stormwater Runoff Control SW104190 Construction Site Stormwater Runoff Control sws04200 Does the permittee rely on the NCDENR Division of -Land Resources (DLR) Erosion and Sediment Cod#rat_Pr�g�ar�yo_rar�ptyrrith,this�rrr4nimtim:tneas�ear,pr_l�catedeuPloprr3onl?olffrin,cta,�,. S W 104220) Not,Applicable SWI04210 If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. w10422a Does the permittee rely on rely on -a locally delegated program to meet the minimum measure for . .private development requirements? (If no, go to SW104300) Yes Sw104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Yes '6w,04250If the permittee-relies on -a local government to comply with this minimum measure;-does•lhe permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Yes Sw104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Yes Sw104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Yes Sw104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW104450) Yes sw104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes Sw104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? Yes sw104330 If permittee needs to develop this mechanism, the permittee'§ plan should describe the plan and'a schedule to do so. Page 7 of 27 sUV10434o Does the Permittee conduct site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? Yes swINN% The Stormwater Management Program must describe procedures and the rationale for how permittee:, will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated 4 _,number and;percentag .c sitggj4qt.wiA_have.pre-corLstruction site_plans rgvieweci.,� � SW104360 Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? Yes 3w104370 The Stormwater Management Program must describe the permittee Is procedures.for when the, permittee will use certain sanctipns. Possible sanctions include non -monetary penalties (such'�a stop " —worirorders)=n`nd-e, bonc3ing regamemerrt andrr— rrniFderiials'for ri n-compiiance— swioa38o Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? Yes M54.43o Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water .quality impacts? Sw104440 Does the Stormwater Management Program require 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? Yes sw1o"5o Does the permittee provide and promote a means for the public to notify the appropriate authorities of . observed erosion and sedimentation problems? Yes Sw104460 Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. ;w1w7o Staff Training and Certification SW104480 The number of training and certification programs offered to staff. 2 3w104490 The number of trained staff inspectors. 0 sw,aasoo The number of certified staff inspectors. 0 swiWio The number of certified contractors by permittee. 0 Sw104520 Inspection and Enforcement Isw144530 The number of plans reviewed greater than one acre. - u' t sw,oas90 The number of enforcement actions or NOVs taken. a Page 8 of 27 Illicit Discharge Detection and Elimination Sw,03190 Illicit Discharge Detection and Elimination s.v103200 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw,03210 Stormwater Map Sw,03220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls a,id the names and location of all receiving waters? Yes Sw,a3260 Does stormwater mapping include drainage areas? ��mo• o Yes sw,03270 Does stormwater mapping include receiving streams? Yes SWI03280 Does stormwater infrastructure mapping include outfalls? --Yes - - - - sw103290 Estimated or actual number of outfalls. 60 Sw,03310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? Not Applicable sw1.03320 Estimated or actual number of structural BMPs? 0 Sw,03330 Percent of outfall mapping complete. 100 sw1o334o Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism)ahe permittee will use to effectively "prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? Yes ' Sw103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? Yes MOW Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? Yes Sw,03370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: sw,03380 Procedures for locating priority areas. Sw,03390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee wi use to detect the location of the source. sw,03400 Procedures for removing the source of the illicit discharge. Page 9 of 27 S I03410 Procedures for evaluation of the plan to detect and eliminate illicit discharges. I Does the Stormwater Mariagement Program address the following categories of non storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant,contributor pollutants to the permitteenulls small MS4: landscape irrigation; sw103440 water line flushing;' diverted stream flows; TU # V uncontaminated roundWatdrlhfitt]=ation a' cc�.oama� c.c m o ccr+a sw10347o discharges from potable water sources; swlo348a air conditioning condensate (commercial/residential); . springs: o:footing`drains; _ _.._ _ w -.. _. TM:�-�_ 4 ,. 1 residential and charity car washing; o dechlorinated..swimming pool: discharges; rising groundwaters; o uncontaminated pumped groundwater; foundation drains; o irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); water from crawl space pumps; o lawn watering; 1 flows from riparian habitats and wetlands; o street wash water; flows from emergency fire fighting. sw103szo The permittee may also develop a list of other similar, occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. Page 10 of 27 Sw1D630 These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). iw1o3640 Does the Stormwater Management Program document local controls or, conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounis of pollutants to the permittee's MS4' Yes swi03650 In addition to conducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? Yes Sw1o374o Does the Stormwater Management Program establish and publicize a reporting mechanism for the ,public to°report illicitdischarges? Yes Sw103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? Yes nagement t-rogram esiaDlisn a stormwater inciaent response program Sw103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? Yes iw103740 Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? Not Applicable Sw103750 Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? Yes 3w103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Yes sw103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? Yes Swt0378o Does the Stormwater Management Program establish a Household Waste Recycling Program? Yes Sw103850 Identifying Illicit Connections 3w103W The number of sites prioritized for inspection. 0 Sw103870 The number of illicit connections reported by citizens. 0 SW103890 The number of illicit connections repaired/replaced. 0 W03900 The number of illicit connection referrals. 0 Sw103910 Illegal Dumping sw10393o The number of illegal dumps reported by citizens. Page 11 of 27 axr a 0 SWI03940 The number of penalties enforced upon the participants of illegal dumps. 0 SW103950 The number of. illegal dump or sit -out clean-ups completed. i 0 sw10397a Industrial or Business Connections r 103980-The number of dry weather tests/inspections completed- 0, sw1w990 i ne numt)er of nigh-FISK connections prioritized. 0 swlo4000 The number of illicit connections reportedbyemployees or businesses. 0 Sw104010 The number of illicit connections found. 0 r wiumo The number of illicit connections repairedlreplaced. 0 - Recreational Sewage swlo4040�-The•n6mber-'of-pump-outstations- SW104050 The number of no -discharge areas created. 0 swloaosa The number of new signs added to inform users of dumping policies and: alternatives. 0: _._ SW104070 The number of enforced cases of recreational dumping. 0 swio4o6o The.:number of citizen complaints made reparting ille-71 gal action. 0 sw104090 Sanitary Sewer Overflows (SSO) sw1041oo The number of overflows reported. 0 SWI04110 The number of overflow causes that were identified during inspections. 0 SMW26 The number of sites repaired. 0 SWI04130 Wastewater Connections to the Storm Drain System SW1a414o The number of rerouted connections. . 0 swloaiso The number of dry weather monitoring activities performed. 0 sw104160 The number of unwarranted connections reported. 0 Sw104170 The number of unwarranted connections found. 0 r wtoal8a The.number of unwarranted connectionsrepairedlreplaced. 0 Page 12 of 27 Information specifically regarding the permit SWI01460 Permitting Information sw101490 Does the Stormwater Management'ProQram provide an organizational chart that shows where the epee w�m:ev��mx c_.m _mQ�.o �--i-som r>gp resnonsitile_ allies. i i to the structure.of a erym: e's or nizaEo-n.7 Not Applicable Ordinance, Legal or Regulatory Authority SVV107050 Ordinance, Legal or Regulatory Authority swl0706o Illicit Discharge,Detection-& Elimination:- - Reviewed SW107070 Erosion & Sediment Control Reviewed SW1070e6 Post -Development Stormwater Management - -Adopted- - - — - - - - -- ---- Sw107o90 Stormwater Ordinance Drafted 5w107100 Unified Development: Ordinance:. ; - Adopted SW107110 Flood Damage Protection Ordinance Not Applicable sW107120 Other: Not Applicable; SW107130 Other: Not Applicable Sw147140 Other: Not Applicable Pollution Prevention/Good Housekeeping for Municipal Operations SW105750 Pollution Prevention/Good Housekeeping swioweo Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes. swi05770 Does the Stormwater Management Program list the permittee's municipal operations that are impe by this operation and maintenance program? Yes w105780 The permittee must also include a list of industrial ,facilities the permittee owns or operates that are subject to'NPDES Stormwater General Permits oF individual NPDES permits for discharges of storm water. associated with industrial activity that ultimately discharge to the permittee's MS4, including the' permit number and certificate of coverage number for each facility. sw105790 Municipal Operations include: Page 13 of 27 sw105soo Transfer Station No swima,o Fleet Maintenance Yes sa - r)Qd- No - swio5830 Animal Shelters No sw,05840 Waste Water Treatment Plan No sw1o5850 Water Plants No sw105860 Construction Debris Site a�a a No F o e SWI05870 Transit Authority No r7sw,ossea Public Works Operations Yes swio5890 Prisons No sw,059oo Emergency Service:Facilities No - Fire Stations No r w,o592a'Landfllls No Schools No sw,05940 Parks Yes Waste Recycling Centers No sw,05e60 Vehicle Maintenance Operations Yes Swi05970 Vehicle Wash Operations Yes sw,05980 Pump Stations or Lift Stations . No sw,a5990 Other: 0 sw,oe000 In addition to conducting staff trainingon stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training . program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? Yes swiwoio Does the Stormwater Management Program describe any existing, available training materials tr permittee plans to use? Yes Page 14 of 27 swiO6039'Dues theStormwater-Maliagement Program describe°mairite nance activities, mah)tenance-;jChedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the* permittee's MS4? Yes sw'06050 Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? Yes sw106110 Industrial Activities sw106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? Not Applicable sw106130 Did the permittee review the Stormwater Pollution Prevention Plan, 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. Not Applicable sw106160 Does the permittee have a Used Oil Recycling Program? Yes 3 Does the permittee have a street sweeping program? """Yes= - - ---- -- - - - -- -- -- -; - - - swimiw Does the permittee have a program to clean catch basins, storm lines, and ditches? Yes r w1o6190 Does the permittee review fertilizer and pesticide use•programs? Yes Sw106200 Does the permittee have spill prevention plans at city facilities? Yes W106210 City Facilities Inspections sw10622o Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Yes SW10623o Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? Yes SW106240 Does the permittee inspect stormwater outfalls? Yes sw106260 Does the permittee inspect culverts? Yes Sw106260 Does the permittee inspect swaleslditchs? Yes sw106270 Does the permittee inspect catch basins, inlets, and grates? Yes sw106280 Does the permittee inspect MS4 pipes? Yes sw106290 floes the permittee inspect solid and hazardous waste management facilities and recycling centers? Yes SW106300 Does the permittee inspect animal shelters and pounds? Yes sw106310Daes the permittee inspect parking lots? - v Yes sw10632o Does the permittee inspect parks and open spaces? Yes Page 15 of 27 swiwa3o The number -of -inspections -.conducted= ` W 5 Automobile Maintenance sw1o6a10 The number of employees trained in preventing pollution from automobile maintenance activities. Sw106420 The number of sites rewarded as being a "clean site" under a rewards program. 0 SW106430 The number of spills reported. i; 0 SW106440 The number of educational materials distributed at garages, auto shops, and other automobile -related businesses. 0 sbw1c16450Hazardous Materials Storage SW106460 The total number of storage facilities equipped to store hazardous materials. 0 SW106470 The number of regularty inspected storage units. SW106460 The number of employees trained in hazardous material storage and maintenance. 0 swia6490 Illegal Dumping,...... swlo65oa The number of "no dumping" signs posted. 0 swl06510 The number of educational materials distributed. D SW106520 The number of reports of illegal dumping received. 0 sw106s30 The number of dump sites and/or illegal sit -outs cleaned up. 0 SW106540 The number of sites improved to eliminate as target dumping spots. 0 swl065s0 The number of enforcement actions pertaining to illegal dumping. 0 sw10656o Landscape and Lawn Care, and Pest Control r 570 The number of stores/gardens participating in education programs. 0 Sw106580 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. 0 siihmsso The number of classeslseminars offered by the permittee in landscaping and lawn care. SW106610 The number of municipal employees trained in integrated pest management. 2 sw106620 Parking Lot and Street Cleaning sw1o6630 The number of parking lots. 1 swi*46 The number of scheduled parking lot and/or road cleanings. 7 - Page 16 of 27 20 sw106650 Pet Waste sw106660 The number of dog parks. 0 sw106670 The number of "pooper-scooper" stations installed 0 SWID668o The number of'educational materials distributed. 0 SW106690 KOaC) Salt Application ano Storage sw1067m The number of storage facilities included in a regular inspection and maintenance program., 1 SW106710 The number of employees trained in road salt application. 8 SW106720 The quantity of salt applied to roadways (in tons). 15 SW106730 The quantity of alternative products used (in tons). 30 swi06600=SpilI'Response -and -Prevention - sw106810 The number of leak detection devices installed at municipal facilities. 0 sw106820 The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equipment. 0 sw1o68w The number of personnel trained in spill response. 8 swiosaao The number of regularly inspected high -risk facilities. 0 swl06850 The number of educational materials distributed to municipal employees. 0 swioamo Storm Drain System Cleaning sw10667o The number of outfalls cleaned regularly. ALL r wi0easo The number of storm drains cleaned regularly. ALL sw106890 The amount of trash, sediment, and other pollutants removed during cleaning (in tons). WEIGHT NOT DETERMINED sw106900 Used Oil Recycling swi06910 The number of gallons of used oil collected from municipal operations. 275 SW106920 The number of recycling facilities that collect oil from municipal operations. 1 sw106930 The number of educational materials distributed to municipal employees. 2 sw106940 Vehicle Washing SW106950 The number of educational materials distributed to municipal employees. Page 17 of 27 2 iw:oemo The'number of designated municipal vehicle washing areas. 2S Post -Construction Storm Water Management in New Development and Redevelopment sw,o4890 Post -Construction Storm Water Management in New Development and Redevelopment m oagoo Does the Stornwater Management Plan summarize what best management practices will be used;.the }. frequ ncv oL!t e BMP.-the,measura re gLo4s q,gach_BMP.,t a.iml enlkntation�sct gyLee..ar d-the responsible person or position for implementation? Yes Sw104910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Not Applicable swtoaszo The permittee's ordinances, and subsequent modifications, will be reviewed and approved'by,DWQ priorJo:implementation.-The. approval, process.will_establish_subsequent timeframes_when_DWQmill = y--review-performance under the ordinance(s)_ The, reviews will occur' at,a minimum, every five years. �r - �-Reg�lated;p.ubfic,;entities without.ordinance making° powers,musf&monstrate similar, a6tionstaicsn;i6r their -post construction construction stormwater-management program to meet the minimum.measure, requiremehts: sw10493o Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance (O&M) of BMPs? Not Applicable Nwsoagao Options to help ensure that future O&M responsibilities are clearly identified include an agreement w .:,between -the permittee and,another party, such.a&the.post-development [an downers.or..regional- authorities. Not Applicable Sw105000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? Yes Sw105020 Bioretention basins? Not Applicable ;w mwo Alternative pavers? Not Applicable swiosoao Buffer zones? Not Applicable 3wi05050 pry ponds? Not Applicable SW105060 Wet ponds? Not Applicable 3wimwo Alternatives to curb and gutter? Not Applicable swioww grass swaies! Not Applicable 3w105090 Grassed filter strips? Not Applicable . Page 18 of 27 swi05100 Green parking lots? Not Applicable sWFTIo In -line storage systems? Not Applicable SW105120 Infiltration basins? Not Applicable swl'05*0 Infiltration trenches? U Not Applicable Sw105140 Manufactured products installed in storm water inlets? Not Applicable swl slso Developments and redevelopments that use narrow streets Not Appliq?bl On -lot treatment? Not Applicable 1 swlas170 Open space design? Not Applicable sw1o518o Sand and organic filters? Not Applicable sTwgo Porous pavement? Not A plicable SWI05200 Stormwater wetlands? Not Applicable r w,os2,o Urban forestry? Not Applicable sws0522o Does the Stormwater Management Program, in coordination with the County Health Department ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? Not Applicable Swt05230 Does the Stormwater Management Program provide training for staff and developersibuilders? Yes SWI05260 BMP Inspection and maintenance SWI0627o Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Not Applicable sw105280 The number of BMP inspections and/or maintenance activities. 0 sw1652w The number of problems that were identified and remedied. Q sw10531)0 New Development and Redevelopment BMP Summary SWI053IG The number of development/redevelopment projects regulated for post -construction stormwater control. Q SW10555o Evaluation of Post -construction Stormwater Management Program Measures sw105%0 Model Practices: For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following mode! practices: Page 19 of 27 Sw1o5579 Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Not Applicable wlas580 Do projects permitted as a low density projects meet the following criteria: Not Applicable PP 1L- Sw145590 No more than two dwelling units per acre or 24% built -upon area; and, sw165Fi00 use of vegetated coroveyances to the maximum -extent,practicable'f 5wi06610 Are projects permitted as high density projects meet the following requirements: Not Applicable 7105620 The stormwater control measures control and.treat the difference between the -pre -development and —=post-developmert-cq,rd.t,ons-f- the4=yeam24--hour-starn?-Runoff volum,-drawzOdowm tImG,mus: bets minimum of 24 hours, but not more than 120 hours; SW105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and w195640 Stormwater management measures comply with the'General Engineering Design Criteria -For All_. Projects require' ments`listed in 15A NCAC 2H .1008(c); sw1o565o Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? Not Applicable ,wlomw Are all built -upon, areas at least 30 feet -landward of pererinial and intermittent -surface waters? Not Applicable SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? Not Applicable Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1 — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. SW105690 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. wlo=o Additional Requirements for Trout Waters: Has the permittee developed, adopted', and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? Not Applicable m ` Sw105710 Additional Requirements for Nutrient Sensitive Waters wl 55720 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory , mechanism) to ensure that the best management practices for reducing nutrient loading is selected? Not Applicable Page 20 of 27 Sw105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program? Not Applicable swi0574a In areas where -the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading ne.=reductiericfeQLlireme-rit-..c...=. mvmm �+ cam®oo�a i oe � oe Program Accomplishments 8w106970 Staff and Capital Improvement Projects sw10e980 The number of staffed stormwater�management position(s). e swioesso The number of new stormwater management position(s) created or staffed for the reporting year. 2 sw,a>ow Total annual budget(excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. sw1070lo The number of Capital Improvement Projects planned. 0 sw1oro2o The number o 'Capital Improvement Projects active. 0 Sw107030 The number of Capital Improvement Projects completed. 0 s wio704a Total annual budget for Capital Improvement Projects for the reporting year. 0 _. Public Education and Outreach SWI01690 Public Education and Outreach swt01700 Does the Stormwater Management Program summarize what best management practices will be used, the'ffequency of the BMP, the measurabf6.goals for each BMP, the implementation schedule, and'tf)e,responsible person of position for implementation? Yes SWI01710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected? Yes SWIG1720 Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? Yes Swto1730 Does the Stormwater Management Program describe the permittee'Is outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? Yes Page 21 of 27 sw,o,750 Has the�permittee develop gonaral-stormwater educational, mateNal=to,appropriate-target=groups?--- instead of developing its own materials, the permittee'•may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. Yes SW101760 Does general stormwater educational material include information on the following topics: SWI61770 Household Hazardous Waste ; Yes a ro�e SWI01780 Pet Waste Yes r W101790 Septic Systems Not Applicable Lawn and Gardening Yes sw.wlalo Vehicle Washing oWo Yes Erosion Yes sw'01830 Stream Buffers —�Yes--. - - - - - — - - Flooding Yes o. Litter.. -- Yes List any additional topics not identified above, nla sW01870 Does the permitteenulls outreach program include: swlolam Distributing printed educational material to general public through utility mail outs? Yes swlolaso Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? Not Appjicable swlolsoo Distributing printed educational material to business 1 industry? Not Applicable swioiglo Presentations to Total community groups? Not Applicable Sw101920 Stormwater programs/presentations for elementary or middle schools? Not Applicable SW101930 Local TV or radio spots? Not Applicable SW101940 Print Media - Ads 1 Articles / Newsletters? Yes swlolgso Posters? Not Applicable Storm drain stenciling Not Applicable sw10117a Other environmental education programs (i.e., Designate.a "Keep SW Clean" month)? - Not Applicable swlolgso Workshops Yes Page 22 of 27 wioiwo,Strearrl,basinlaigiiage?-m -l- ". , o o =� . - 09'acm e•c m co �cac w . oe Not Applicable sw102000 Has the permittee developed an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes swia2wo Does the permittee maintain an internet web site.for newsletter articles on stormwater, information on water gyality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes Classroom Outreach �svr.ia'--araaThe-.number,cf oducational--matorials distributed :o--schoolsp-a - NIA sw102wo The number of schools that participate in municipal -sponsored storm water workshops or activities. NIA swi02090 The number of students that participate in municipal -sponsored storm water workshops or activities. NIA.} swio2ioo The number of workshops held for teachers. NIA r.w1021i0 The number of certificates or other rewards given out to -schools, classes, -or students.participating in - .. storm water:education. -.-- N/A sw102120 The number of students receiving storm water education as a regular part of the school curriculum. NIA ' swia2i3o Displays, Signs, Presentations, Welcome Packets, and Pamphlets sw102$50 The number of stormwater related displays at special events or meetings. NIA swi021e0 The number of people at events who saw the display or took a pamphlet/booklet. NIA sw10217o Number of new homeowner welcome packets containing storm -water -related information. NIA swiOMO The number of signs and billboards with stormwater related messages. NIA SWI02190 The number of stormwater related presentations at special events or meetings. NIA swiwziu i ne numner or eaucationai matenais tnat were oistrinuteo to ousiness owners ano operators. NIA swi0222o The number of businesses trained under the stormwater program. NIA Pet Waste Management SWI02320 The number of "clean up after your pet" signs posted in parks and neighborhoods. 3 sw10233o The number of dog -walking designated areas in parks. 0 swi02340 The number of posters/brochures put up in pet supply stores. NIA Page 23 of 27 swi02360 The number of educational materials given out to pet owners. NIA swia23w Promotional Giveaways sw10237o The number of items given out. NIA �SW102380 The number of events attended (to give out items). NIA sw102390 The number of partnerships for promotions (radio, TV, Businesses). 1 swi62400 Proper Disposal of Household Hazardous Waste'. P sw102410 The number of household hazardous waste curbside pickup days. 0 swta2426The number of educational materials distributed to homeowners. 2 NEWSLETTERS SW10243o The number of partnerships established with businesses. NIA sws02440 Outreach Programs to Minority and Disadvantaged SW102450 The number of brochurestposters created in non-English languages. 1 sw10240,The•number of educational materats distributed in non-English languages. - NIA sw102470 The number of partnerships established with minority organizations. NIA sw102480 The number of educational materials distributed to low-income neighborhoods. _. sw102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. NIA sw'02540 Using the Media sw,o2mo The number of public service announcements made on radio and TV. 0 swio2560 The number of stormwater related press releasesladvertising. 0 sw102570 The number of stormwater related articles published. 2 SW102580 Water Conservation for Home Owners SWI02590 The number of partnerships established with local water utilities. NIA sw102600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills. - NIA SWI02610 A survey of homeowners about their water conservation behavior before and after the message i delivered. 0 Page 24 of 27 Public Involvement and Participation SWI02620 Public Involvement and Participation Sw102630 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw1o2640 Does the Stormwater Management Program identify the target audiences of the permitteenutls public involvement program, including a description of the types of ethnic and economic groups engaged? Yes swl02e50 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. sw1omw Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the.permittee's program that the permittee plans to -use to.. . educate local community groups? Yes SW102670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: swl0268a. Public_ Hearings,. stakeholder meetings, or other meetings? Yes. Sw102690 A Stormwater Steering Committee (or similar advisory group)? Not Applicable sw102700 Stream clean-up events? . Not Applicable sw102710 Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail program? Yes swlozr20 Reforestation programs or wetland planting programs?. Not Applicable sw102730 A stormwater hotline? Yes SWI02740 Volunteer monitoring programs? Not Applicable Sw102750 Storm drain stenciling? Not Applicable sw102760 Encourage neighborhood coordinators to become active in the program? Not Applicable sw102770 Regional workshops? Not Applicable MUM Telephone/Web/Mall surveys? Not Applicable sW102790 Working with citizen volunteers willing to educate others about the program? Not Applicable sw102S3o Adopt -A - Stream Program SW102840 The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail programs. 0 Page 25 of 27 svlI028cs=The,quantity of trash and debris removed --by Adopt-A-Streg,n�Adopt-a-drain, Adopt -a -highway or. a Adapt -a -trail volunteers (in tons). 0 a Surveys � T um a 'o t zer tt: e o m e u eys. 0 SW102880 The number of completed surveys. 0 SWIG2890 Hbtlines J The number of calls received by a hotline(s). 0 o The number of problems/incidents remedied as a result of hotline calls. _ 0= a o a•m ammcJI --•L ar - I I e a,Z__e• Reforestation Programs o The number of volunteer tree planters. 0 The number of trees planted. 0 3 The.number of:acres planted with trees.., _ _ -___ _ • .- _. _.. Public Hearings, stakeholder meetings, or other meetings The number of meetings held. 1 The number of attendees. 0 The number of actions taken as a result of stakeholder meetings. 0 Storm Drain Stenciling The percent of drains stenciled. . NIA The number of stenciling volunteers. 0 The number of drains stenciled. 0 Stream Cleanup The number of stream cleanups. 0 The number of cleanup participants. 0 The quantity of waste collected as a result of cleanup efforts (in tons). 0 The number of stream miles cleaned. 0 Page 26 of 27 swiwioo The number of volunteers participating in monitoring programs. SWI03120 The number of volunteer monitoring stations established in the watershed. SWID3140 The number of actions that were taken as a result of the monitoring data -collected by volunteers. 0 sw103160 The acres of land planted. SW103180 The number of planting events held. Page 27 of 27 I L 1 NPDES STOR WATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application X❑ Renewal (Permit No. _NCS 000443 ) a. Name of Public Entity Seeking Permit Coverage Town of Biltmore Forest b. Ownership Status (federal, state or local Local c. Type of Public Entity (city, town, county, prison, school, etc.) Town ti d. Federal Standard Industrial Classification Code SIC 91 -- 97 County(s) UMNKe. & f. Jurisdictional Area (square miles 2.11 g. Population Permanent Seasonal (if available) h. Ten-year Growth Rate 0.9% i. Located on Indian Lands? ❑ Yes XNo II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 2.11 b. River Basin(s) c. Number of Primary Receiving Streams d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 78.6 • Commercial 1.8 • Industrial 0.0 • Open Space 19.6 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes XNo III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes X No b. Local Water Supply Watershed Program ❑ Yes X No c. Delegated Erosion and Sediment Control Program XYes No d. CAMA Land Use Plan Yes XNo IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with El Yes XNo a permitted Phase I enti ? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit Yes XNo with another Phase II enti ? d. If so, provide the name(s) of the entity: e. Have legal agreements been Finalized between the co- ❑ Yes XNo ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? X Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Buncombe County Planning Department • Element they will implement Erosion & Sedimentation Control • Contact Person Doug Sharp • Contact Address 46 Valley Street, Asheville, N.C. 28801 • Contact Telephone Number 828-250-4848 c. Are legal agreements in place to establish responsibilities? X Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority N/A has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. P) VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. 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 forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations Signature Name George Goosmann Title Mayor Street Address 355 Vanderbilt Road PO Box 5352 City Biltmore Forest State North Carolina Zip 28813 Telephone 828-274-0824 Fax 828-274-8131 E-Mail biltmoreforest@charter.net VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Terry Crouch b. Title Public Works Director c. Street Address 355 Vanderbilt Road d. PO Box 5352 e. City Biltmore Forest f. State North Carolina g. Zip 28813 h. Telephone Number 828-274-3919 i. Fax Number 828-274-3921 j. E-Mail Address biltmoreforestpw@charter.net IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). 4 Department of Environment and Natural Resources Division of Water Quality Small MUNICIPAL Separate Storm Sewer System (MS4) NPDES STORMWATER Management Program Report Narrative Application Supplement PAGE TABLE OF CONTENTS 1 1. STORM SEWER SYSTEM INFORMATION 2 1.1. Population Served 2 1.2. Growth Rate 2 1.3. Jurisdictional and MS4 Service Areas 2 1.4. MS4 Conveyance System 2 1.5. Land Use Composition Estimates 2 1.6. Estimate Methodology 3 1.7. TMDL Identification 3 2. RECEIVING STREAMS 4 3. EXISTING WATER QUALITY PROGRAMS 5 3.1. Local Programs 5 3.2. State programs 6 4. PERMITTING INFORMATION 7 4.1. Responsible Party Contact List 7 4.2. Organizational Chart 9 4.3. Signing Official 10 4.4. Duly Authorized Representative 10 5. Co -Permitting Information (NOT applicable) 11 6. RELIANCE ON ANOTHER GOVERNMENT ENTITY 12 6.1. !Name of entity 12 6.2. Measure Implemented 12 6.3. Contact Information 12 6.4. Legal agreements 7. STORMWATER MANAGEMENT PROGRAM 13 7.1. Public Education and Outreach on Storm Water Impacts 13 7.2. Public Involvement and Participation 16 7.3. Illicit Discharge Detection and Elimination 17 7.4. Construction Site Stormwater Runoff Control 19 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 20 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 21 APPENDIX BMP SUMMARY TABLES 1. STORM SEWER SYSTEM INFORMATION: 1.1 Population Served: 1442 (2000 Census) • Permanent: 1442 • Basis of Population statistic: 2000 Census has Biltmore Forest's population as 1442. The NC Office of State Planning estimates that Biltmore Forest's 2000 population was 1440 and the 2001 population was 1449. • Seasonal: 0 1.2 Growth Rate: 1990 Census = 1327 2000 Census = 1442 10 year growth rate = 8.67% Annual average growth rate = 0.87% 1.3 Jurisdictional and MS4 Service Areas Jurisdictional Area Total: 2.11 square miles MS4 Service Area: 2.11 square miles (contiguous Town jurisdiction) 1.4 MS4 Conveyance System The Town of BiItmore Forest storm water system is a combination of open drainage ways or ditches with inlets and piping on local roads. The Town maintains all of the roads within the Town Limits. Some of these pipes tie in to drainage systems on State roads, but most drain into receiving streams directly. There are private drives and small roadways that are both paved and unpaved and that connect to Town roads and are maintained by owners. Most of these utilize open ditches that discharge to the Town's maintained ditches or to the receiving stream by overland flow. Town maintenance includes leaf and garbage pickup, yard waste and brush removal, street sweeping, and storm -drain clearance. Public Works staff will respond to complaints on storm drains and clean out pipes and drains as needed with shovels, rakes, or other machinery. Biltmore Forest's Public Works Department currently maintains 9 full time employees. Town and private systems channel water into drainage swales, ditches or pipes that flow into Brown Branch, Four Mile Branch, Ram Branch or Raoul Branch. There is one (1) unnamed, blue - line stream that flows north through the Forest and through commercial land in the City of Asheville to Sweeten Creek to the northwest. There are naturally occurring, intermittent wetland areas that trap and hold water before drainage systems flow into the receiving streams at various locations and the Town seeks to maintain the areas through zoning and subdivision regulations. All of the streams within Biltmore Forest are classified "C" and flow through either residential development or open parkland within the Forest. 1.5 Land Use Composition Estimates • Residential 78.6% • Commercial Institutional 1.8% • Industrial 0.0% • Open Space/Golf Course 19.6% Total = 1 100% 6 1.6 Estimate Methodology for Land Use Estimates 17 Jurisdictional Area and Land Use Composition were estimated from Biltmore Forest's existing zoning mapping. Total Acres Per Land Use Category By Town of Biltmore Forest Subsection Undeveloped 31.8 Residential 1029.8 Commercial ! Institutional 24.1 Industrial 0.0 R.O.W 98.6 Open Space/Golf Course 165.7 Total Acreage 1350 Percentage of Town of Biltmore Forest Subsection By Land Use Category Undeveloped 2.3°% Residential 76.3% Commercial l Community Facility 1.8% Industrial 0.0% R.O.W 7.3% Open Space/Golf Course 12.3°% Total Acreage 100.00°% 1.7 TMDL Identification None of the receiving streams within the Biltmore Forest's jurisdiction are TMDL controlled bodies of water. 7 2. RECEIVING STREAMS The receiving streams within the Town of Biltmore Forest are part of the French Broad River Basin, The Table includes only flowing or intermittent streams. Table 1. French Broad River Basin: Stormwater Receiving Streams within the Town of Biltmore Forest. Receiving Stream Stream Segment Water Use Water Name Quality Support Quality And Index Number Classification Rating Issues Brown Branch Source to Four Mile Branch C Unrated Unknown 6 72-1 Four Mile Branch Source to French Broad River C Unrated Unknown 6-72 Ram Branch Source to Swannanoa River C Unrated Unknown 6-78-25 Raoul Branch Source to Four Mile Branch C Unrated Unknown 6-72-2 Un-named Tributary Source on south side of interstate 26 C Unrated of Sweeten Creek north parallel to Vanderbilt Road to No DWQ index # Sweeten Creek The un-named tributary listed flows from a residential area in Biltmore Forest, north under 1-26 then through Biltmore Village, a commercial historic district in the City of Asheville (see USGS North Carolina Topo: Asheville Quadrangle). 8 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: a. Local Nutrient Sensitive Waters Strategy: No b. Local Water Supply Watershed Program: No c. Delegated Erosion and Sediment Control Program: No d. Land Use Plan: Yes, adopted in 1984 • Implementing Subdivision Ordinance adopted in 1984, Revised in 1987, 1989 • Cluster Subdivision option on major subdivisions to allow for more open space; • Requirement for erosion control plan to be approved by the Buncombe County Erosion and Sediment Control Office and by the Town's consulting engineers, for land disturbing activity over one (1) acre; • Requirement for illustrating storm drainage facilities on all Preliminary Plans and submittal to Town's consulting engineer for review and recommendation; • Requirements for meeting Stormwater criteria (full text provided in Illustration 1); • Requirements for easements to be reserved for maintenance purposes for any drainage way into which natural drainage has been diverted, the width of which shall be sufficient to carry the runoff from the ten-year storm. Illustration 1: BAtmore Forest Subdivision Ordinance Storm Water Regulations Section 906. Storm Water Drainage;(Amended Regulations June 13, 1989) The method of providing for storm drainage shall be consistent with the Department of Transportation's drainage requirements as stated in "Subdivision Roads Minimum Construction Standards," and furthermore, it shall be the responsibility of the developer to provide a drainage system which is designed by. a registered engineer and will meet the following objectives: 1. Connect onto an existing storm sewer system, where feasible. 2. Provide for adequate drainage from all roads, parking lots, and other developed areas. 3. Provide a suitable building area on each lot intended for building development which is safe from inundation, erosion or subsidence. 4. Prevent both the unnecessary impoundment of natural drainage ways and the creation of areas of standing water. 5. Ensure that existing drainage ways serving adjacent properties are maintained. 6. Ensure that natural runoff levels are not substantially increased in order to prevent harmful flooding downstream and to maintain desirable groundwater levels, 7. Prevent inundation of surface water into sanitary sewer systems. 8. Protect all roads, driveways, utilities and other types of development from damages caused by improper drainage control. 6 Prior to preliminary plat approval, drainage plans for all subdivisions shall be reviewed by the Town's consulting engineer and a recommendation provided to the Planning Commission and the Board of Commissioners indicating whether the proposed drainage plan meets the above objectives. • Zoning Ordinance adopted in 1983, Revised 1986, 1994, 1999, 2001, and 2002 • Floodplain Regulations: No 3.2 State Programs a. CAMA Land Use Plan: No b. Do you discharge to territorial seas, or oceans within the contiguous zone? No C. DO YOU DISCHARGE TO A TMDL CONTROLLED WATER BODY? NO e. Local Buncombe County Sedimentation and Erosion Control on construction sites (over 1 acre) Yes Doug Sharp Erosion Control Office Buncombe County Planning Department, Erosion Control Section 46 Valley Street Asheville, NC 28801 Phone: 828.250.4848; FAX: 828,258.6428 Email: 10 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List The Town Public Works Director will be responsible for the day-to-day activities and the coordination and implementation of the Town's Stormwater Management Program Goals. a. Name of Contact Person Terry Crouch b. Title Town of Biltmore Forest Public Works Director c. Street Address 355 Vanderbilt Road d. PO Box P.O. Box 5352 e. City Biltmore Forest f. State North Carolina g. zip 28813 h. Telephone Number 828.274.3919 i. Fax Number 828.274.3921 j. E-Mail Address To meet certain goals, however, the Town must rely on the following entities and have procedures in place for working with them: Goal: Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. • Name of Entity City of Asheville Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Scott Burnette • Contact Address PO Box 7148, Asheville, NC 28802 • Contact Telephone Number and Fax 828.259.5649 FAX: 828.259.5681 • Email j stburnette@asheviilenc.gov Goal: Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local County Office, • Name of Entity Buncombe County Planning Department, Erosion Control Office • Element they will implement Erosion and Sediment Control Program for construction activities • Contact Person Doug Sharp • Contact Address 49 Valley Street Asheville NC 28801 • Contact Telephone Number and Fax 828.250.4848 FAX: 828.258.6428 • Email Dou .shar @buncombecounty.org Goal: Maintain sanitary sewer infrastructure. • Name of Entity Metropolitan Sewerage District of Buncombe County • Element they will implement Sanitary Sewer System Maintenance • Contact Person Barry Cook, Director of System Services • Contact Address 2028 Riverside, Asheville, NC 28804 • Contact Telephone Number and Fax 828.225.8243 FAX: 828.251.4788 • Email bcook@ msdbc.org Goal: Regular inspections of existing septic systems and wells. • Name of Entity Buncombe County Division of Environmental Health • Element they will implement Well and septic system inspections • Contact Person Stan Crownover, Environmental Health Supervisor • Contact Address 35 Woodfin Street, Asheville, NC 28801 • Contact Telephone Number 828.250.5016 FAX: 828.232.4104 • Email Stan.crownover@buncombecounty.org Biltmore Forest is also working with other entities informally which may lead to agreements to carry out certain parts of our Implementation Plan, but have not formalized agreements yet. These include Land -of -Sky Regional Council, which may coordinate with other entities as part of a regional effort to develop Public Education and Outreach. We will provide these and any additional contacts as deemed appropriate and feasible by the planning process. 12 4.2 Organizational Chart Eric Tinsley, Chief Police Officers 14 Full time Mayor George Goosmann Nelson Smith Allison Dennis, Assistant to the Administrator UPIP!] Ctr-nhPnc CF!`t PtAl'ci Public Works Terry Crouch, Director Steve Ayers, Supervisor 9 Full time Developers are required by the Town to go to get a Sedimentation and Erosion Control Permit for any land disturbing activity of one (1) acre or more. If someone contacts Town Hall with a complaint, Town Public Works Department will respond first. The County Environmental Health Department regularly inspects all known septic and well systems in the Biltmore Forest Area. The City of Asheville Fire Department maintains contracts with the Town to provide Fire Protection and Emergency Services. In an emergency or a Hazardous Material Spill, City of Asheville Fire Department Hazardous Material Team will be dispatched by the County's 911 System. The Town is a voting member of the Land -of -Sky Regional Council of Governments. 13 State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality Pee Paid Permit Number 4.3 Signing Official The Signing Official for this application is George Goosmann, the Mayor of Biltrnore Forest, the elected official with the highest authority in accordance with Town By -Laws. 4.4 DULY AUTHORIZED REPRESENTATIVE N/A S. CO -PERMITTING INFORMATION (IF APPLICABLE) NOT APPLICABLE Paae 14 NPDES RPE Stormwater Permit Application 6: RELIANCE ON ANOTHER GOVERNMENT ENTITY a. Do you intend that another entity perform one or more of your permit obligations? X Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity City of Asheville Fire Department • Element they will implement Hazardous Material Spill Response • Contact Person Scott Burnette • Contact Address PO Box 7148, Asheville, NC 28802 • Contact Telephone Number 828.259.5649 • Name of Entity Buncombe County Planning Department — Erosion Control Office • Element they will implement Construction -site Run-off Inspection • Contact Person Doug Sharp • Contact Address 49 Valley Street, Asheville, NC 28801 • Contact Telephone Number 82$.250.4848 • Name of Entity Metropolitan Sewerage District of Buncombe County • Element they will implement Sanitary Sewer System Maintenance • Contact Person Barry Cook, Director of System Services • Contact'Address 2028 Riverside Drive, Asheville, NC 28804 • Contact Telephone Number and Fax 828.255.8243 • Name of Entity Buncombe County Environmental Health Department • Element they will implement Well and septic systems inspections • Contact Person Stan Crownover, Environmental Health Supervisor • Contact Address 35 Woodfin Street, Asheville, NC 28801 • Contact Telephone Number 828.250.5016 Paae 15 NPDES RPE Stormwater Permit Application 7. STORMWATER MANAGEMENT PROGRAM The Town of Biltmore Forest has met its initial 5 year goals and has developed, implemented, and enforced a Stormwater Management Program (SWMP.) This program was designed to reduce the discharge of pollutants from its small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The SWMP was developed and fully implemented within the five years from the initial NPDES Stormwater permit. The Town has also passed Post -Construction Run-off regulations filling the minimum measure #5. The Town will further continue to maintain and promote the current SWMP. 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS Minimum Measure (i): A public education and outreach program on the impacts of Stormwater discharges on water bodies to inform citizens of how to reduce pollutants in Stormwater run-off. The public body may satisfy this requirement by developing a local education and outreach program; by participating in a statewide education and outreach program coordinated by the department; or a combination of those approaches. The Town has implemented a public education program and educational materials are available at the Town Hall. On the Town's webpage new stormwater information is added and changed periodically. Quarterly newsletters are also mailed to each resident which contain stormwater information. Continual educational efforts will include steps the public can take to reduce pollutants in stormwater run-off. To accomplish this, the Town will: Goals: 1. Continue to develop and distribute public educational materials utilizing any statewide education or outreach programs. Have informational materials available in Town Hall and on-line, in the Town's newsletter, and through other mechanisms identified in the planning process. 2. Work with local resources including Land -of -Sky Regional Council, RiverLink and NCSU (the French Broad River Watershed Education Training Center or Cooperative Extension) and other local agencies and organizations to develop local trainings and materials for the public, landscapers and homebuilders. This could include topics such as Phase It Requirements, Low -Impact Design, or Habitat and Stream Restoration. Conduct or support and advertise at least one such training per year. 3. Determine locations of stream bank degradation within privately owned properties within the Town and provide property owners with information on stabilization and best management practices (BMPs) that can be used for improvements. 4. Place information in the Town's newsletter alerting people that the storm drains are not for waste disposal. 7.1.1 BMP Summary Table attached at the end of this chapter. 7.1.2 Target Audiences that will have storm water impacts: The general public, particularly the one (1) school within the Town and the County Club and Golf Course; • Professional landscapers and homebuilders. • Town staff 7.1.3 Target Pollutant Sources our Education Program will address and Why: Paae 16 NPDES RPE Stermwater Permit Application • Sedimentation and Erosion — The major type of construction that occurs within the Town is home building. Erosion and sediment control plans are required to be submitted for construction projects over one (1) acre is size and most new home construction approaches the one (1) acre. Residents of the Town are also required to seek Town approval for renovation and improvement projects on private property. The Town's Public Works Department monitors these construction activities to assure compliance with the erosion and sedimentation ordinances. The Town staff will seek additional training through seminars and other educational programs and will disseminate this information to property owners and their builders through the Town's newsletter. • Automotive pollutants from parking lots - Educational Materials will include information about the pollutants from parking lots/drives and how to implement run-off controls in parking facility designs. • Household and yard waste — We also want to make sure that residents do not dump hazardous materials, cleaners, automobile oil or antifreeze, etc. into the storm drains. • Fertilizers and pesticides — Residents, owners of large lots, golf course and other business owners will be provided information on the proper storage and use of pesticides and fertilizers. Town Public Works staff will continue to be kept up to date though trainings and educational materials on the use of fertilizers and pesticides. • Fecal Bacteria - Residents will be provided with information on the proper disposal of pet waste, kitty litter, etc. as part of regular solid waste informational materials distributed by the Town and included in signage within Town parks. 7.1.4 Outreach Program • The Town will continue to work with the Land -of -Sky Regional Council's Regional work group and the Town's consulting engineer to develop new and continue current outreach strategies. 7.1.5 Decision Process • The four (4) goals identified so far were chosen because of their ability to reach out to the targeted audiences in cost-effective ways: 1. Explore the feasibility of regional approaches to the development and distribution of public educational materials and then disseminate information as developed. 2. Work with local resources to develop local trainings and materials for the public, landscapers and homebuilders. 3. Continue to integrate monitor stream bank degradation and provide property owners and homebuilders with information on stabilization. 4. Place educational information in the Town's newsletter and online alerting people that the storm drains are not for waste disposal. 7.1.6 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. Paae 17 NPDES RPE Stormwater Permit Application 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION Minimum measure (ii): A public involvement and participation program consistent with all applicable stale and local requirements. To meet this requirement the Town of Biltmore Forest will continue to: Goals: 1. Continue to seek input and provide updates on Phase II requirements and implementation to Town Board of Commissioners and the Town Planning Commission as part of regularly scheduled public meetings. 2. Utilize the Planning Commission to develop strategies and finalize an implementation plan. 3. Explore feasibility of working with other local agencies or adjoining communities to develop public input and informational workshops or other processes. 4. Explore feasibility of initiating a local "Adopt -a -Stream" or an "Adopt -a -Creek" program in coordination with homeowners and local resources. 7.2.1 BMP Summary Table Attached 7.2.2 Target Audience Same as 7.1.2 7.2.3-7.2.4 Participation Program and Decision Process. The Town of Biltmore Forest Board of Commissioners will continue to seek public input for further plan development and implementation, in compliance with State public notice requirements. The Planning Board may seek to convene a local committee to continue public involvement. Documentation of the Town of Biltmore Forest's public participation program, including minutes from selected public meetings, notification of a public workshop, and/or Town newsletter articles will be provided as updates periodically. 7.2.5 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. Paae 18 NPOES RPE Stormwater Permit Application 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION Minimum Measure (iii): A Program to detect and eliminate illicit discharges within the MS4. The Program shall include a storm sewer system mapping component that at a minimum identifies Stormwater outfalls and the names and location of all waters within the jurisdiction of the public body. To meet this requirement the Town of Biltmore Forest will develop, implement and enforce a program to detect and eliminate illicit discharges into the MS4, by the following: Goals: 1. Continue to update existing mapping of the MS4 system and its outfalls relative to available surveyed information and maintain that map into the future. 2. Detect and eliminate illicit discharges. 3. Seek adoption of a local ordinance with regulatory fines to prohibit illicit discharges into the system or the receiving streams. 4. Prevent hazardous materials from reaching area streams through timely and effective emergency management in hazardous spill situations. 5. Maintain roads and storm sewer infrastructure by Public Works staff. 6. Regular inspections of existing septic systems and wells by the Buncombe County Environmental Health Department, 7. Assist the Metropolitan Sewerage District (MSD) of Buncombe County as needed with the containment of sewerage overflows from the MSD-owned sanitary sewer facilities. 7.3.1 BMP Summary Table Attached 7.3.2 Storm Sewer System Map The Town has and up-to-date map and inventory of Biltmore Forest's Storm Sewer System developed by local staff and the Town's consultants, who have physically located and/or inspected all of the Town's system components. This mapping includes the location and sizes of all publicly owned stormwater piping and the locations of outfalls. The mapping will be updated as new facilities are installed through the use of required submittals to the Planning Board and through regular inspections and maintenance. 7.3.3 — 7.3.4 Regulatory Mechanisms and Enforcement The Town of Biltmore Forest will continue to review any state model ordinances and regulatory guidelines if available and pursue the feasibility of developing and adopting regulations prohibiting illicit discharges into the Storm Sewer System and receiving streams with regulatory fines. Pace 19 NPDES RPE Stormwater Permit Application 7.3.5 Detection and Elimination The Town will continue its current plan to detect and address illicit discharges to the system through BMPs such as dry weather field screening and inspection of on -site sewage disposal systems. To accomplish this, the Town will coordinate with the County's Department of Environmental Health and with the Metropolitan Sewerage District and will utilize the Town's Public Works Department to assess and conduct regular inspections of new and existing BMP's and stormwater infrastructure. 7.3.5.I The Metropolitan Sewerage District will be responsible for locating illicit sewer connections; there are no other priority areas; 0 7.3.5.2 Procedures for tracing sources of illicit discharges will be identified as the regulations are developed; • 7.3.5.3 Procedures for removing the source of the illicit discharge will be identified as the regulations are developed; i 7.3.5.4 Procedures for the evaluation of the plan to detect and eliminate illicit discharges will be identified as the regulations are developed. 7.3.6 — 7.3.7 Non Storm water Discharges and Incidental non -storm water discharges Landscape irrigation is performed on several large private lots including the local golf course. The Town will provide information to these landowners as part of public education and outreach efforts. Lawn watering and individual residential car washing will be addressed through general public information and outreach efforts. Charity car washes, church and non-profit vehicle washing, or other non-commercial vehicle washing may be allowed but also may be limited in frequency and location as determined by the Board of Commissioners. There is no commercial cat washing within the Town of Biltmore Forest. 7.3.8 Outreach The Town will inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste through our Town newsletter and other informational material provided to residents and business owners. This need will be incorporated into other public outreach and Town pollution prevention/good housekeeping efforts as appropriate. 7.3.9 Decision Process Clearly, not all the decisions for meeting this minimum measure have been made and will depend on formalization of the Final Rules and any recommendations from. The Decision making process can be documented as the implementation plan is finalized. 7.3.10 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. Paae 20 NPDES RPE Stormwater Permit Application 7.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Minimum Measure (iv): A program to reduce pollutants in any Stormwater runoff to the MS4 from construction activities resulting in a land disturbance ofgreater than or equal to one acre. The Town is currently and will continue to meet this requirement by continuing to work with the Local County Office and the County's Erosion and Sedimentation Control Program and requiring a permit in accordance with the North Carolina Sedimentation Pollution Control Act and all attendant regulations. Goals: 1. Maintain an effective Erosion and Sediment Control Program for construction activities in coordination with the local County Office. 7.4.1 BMP-Summary Table Attached 7.4.2 Regulatory Mechanisms and Enforcement The Town relies on the Buncombe County Planning Department, Erosion Control Office for enforcement of erosion and sedimentation control enforcement. 7.4.3 Plan Reviews The Town requires that all sedimentation control plans be reviewed by the Town's consulting engineer and a recommendation by made to the Planning Commission and the Board of Commissioners indicating whether the plan has provided for adequate sedimentation control. Pane 21 NPDES RPE Stormwater Permit Application 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Minimum Measure (v): A program to address post -construction Stormwater runofj`from new development and redevelopment projects that cumulatively disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected M84. To meet this requirement the Town has adopted Buncombe County's Stormwater ordinance. The Town will . continue to work with Buncombe County Planning Department and Erosion Control to develop, implement and enforce local regulations and a local program and fee schedule. The program will ensure that controls are in place that would prevent or minimize water quality impacts and will include strategies and structural and non-structural BMPs that are best suited for Biltmore Forest's topography and landscape. To achieve this the Town will: Goals: 1. Consider any model ordinance that the State may provide. 2. Utilize the Town Planning Commission to draft recommended language for the Board of Commissioners. 3. Work with other communities, Land -of -Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 7.5.1 Program Requirements The Town's program shall require all subject projects to apply for locally issued permit coverage under one of the following Stormwater management options and parameters as set forth in guidance document SWU- 268-103102: 7.5.1.1 Low Density Projects. Projects shall be permitted as low density if they meet the following criteria: + No more than two (2) dwelling units per acre or 24 percent built -upon area (BUA) for all residential and non-residential development; + Stormwater run-off from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable; All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a); and • The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. 7.5.1.2 High Density Projects. Projects exceeding the low density threshold established above shall implement Stormwater control measures that: Control and treat the difference in Stormwater runoff volume leaving the project site between the pre- and post -development conditions for the 1-year 24-hour storm. Runoff volume draw down time shall be a minimum of 24 hours, but not more than 120 hours; Paae 22 NPDES RPE Stormwater Permit Application All structural Stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c). All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5.minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a); and The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. 7.5.2 Operation and Maintenance Component The Town's program shall include an operation and maintenance component that ensures the adequate long-term operation of the structural BMPs required by the program. The program shall require owners of permitted BMPs to submit annual maintenance and inspection reports conducted and certified by a qualified professional. 7.5.3 Control of Fecal Coliform The Town will coordinate with the Buncombe County Environmental Health Department and with the Metropolitan Sewerage District to develop and implement an oversight program to ensure the proper operation and maintenance of on -site, private septic and well systems. The Town will also include education about fecal bacteria from pet waste in its public education program (7.1). 7.5.4 Programs Draining into SA Waters - NIA 7.5.5 Programs draining into trout (Tr) waters - NIA 7.5.6 Programs for Draining into Nutrient Sensitive Waters - NIA 7.5.7 Watershed Planning - NIA 7.5.8 BMP Summary Table Attached at the end of this chapter 7.5.9 Non -Structural BMPs 7.5.9.1 — 7.5.9.2 The Town has re -written the Zoning and Subdivision Ordinances and integrated new initiatives as well as new requirements under the Phase II programs. 7.5.9.3 As part of our Public Education and Outreach component, the Town will continue to develop and improve programs for developers about project designs that minimize water quality impacts. 7.5.9.4 The Town will continue to work to minimize the percentage of impervious area after development. The use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventative maintenance and spill prevention are part of our program implementation. Paae 23 NPDES RPE Stormwater Permit Applications 7.5.10 Structural BMPs 7.5.10.1 — 7.5:10.3 Filtration practices and infiltration practices will be continually be researched for their appropriateness and effectiveness in our area. 7.5.11 Regulatory Mechanism As stated above, the Town will continue with the development, implementation and enforcement of all local regulations and programs. Our program will ensure that controls are in place that would prevent or minimize water quality impacts and will continue to include strategies and structural and non-structural BMPs that are best suited for the Town's topography and landscape. To achieve this, the Town will: 1. Consider any model ordinance that the State may provide; II. Utilize Town Planning Commission to draft recommended language for Board of Commissioners; and III. Work with other communities, Land -of -Sky Regional Council, or other agencies to study the feasibility for regional approaches to implementation and enforcement. 7.5.12 Operation and Maintenance The Town will explore the feasibility of creating the internal capacity or of working with the Town's consulting engineer firm, to regularly inspect and/or maintain BMPs as part of the Town's program. 7.5.13 Decision Process Not aII the decisions for meeting this minimum measure have been made and will depend on formalization of the Final Rules, any model ordinances or recommendations from the State or as identified by any local committee, and any new discoveries made as part of the planning process. The Decision -making can be documented as the implementation plan is finalized and we have better local data to work with. All approaches will be considered based on their effectiveness to minimize water quality impacts within our community and to maintain pre -development run-off conditions. 7.5.14 Evaluation Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. Paae 24 NPDES RPE Stormwater Permit Application 7.6 POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS Minimum Measure (vi): A pollution prevention/goad housekeeping program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those operations. To meet this requirement the Town has developed and implemented an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. To address these concerns, the Town: Goals: 1. Continue Town's maintenance policies of good housekeeping and pollution prevention practices within the current facility and the Town parks. 2. Utilize available training materials from the EPA, the State, or other organizations as part of employee training. 7.6.1 BMP Summary Table Attached 7.6.2 Affected Operations: The principle municipal operations of the Town of Biltmore Forest that are relevant to this permit program are those of vehicle washing, automotive maintenance, and'materials storage that all occur in the Public Works Facility, of park maintenance which occur on Town Park properties, and of roadway shoulder maintenance. 7.6.3 Training: The Town will continue to seek training for maintenance and public works personnel in pollution prevention and good housekeeping measures. 7.6.4 Maintenance and Inspections: Town Public Works staff is on Park property every day of the week to maintain grounds and facilities. Garbage cans and picnic tables are anchored. There are no dugouts, stands, restroom or concession stand facilities or other permanent structures at Town Park facilities. The Town Public Works staff is in the Public Works Facility daily and follows a routine maintenance schedule of all other Town facilities. Public works staff and Parks maintenance staff also respond as needed to complaints or maintenance needs. 7.6.5 Vehicular Operations: The Town of Biltmore Forest's fleet includes 19 insured vehicles. These include: Police vehicles: Vehicles are stored on Town property or are used by officers to commute to and from work. Public Works: Pick up trucks, dump truck, and garbage trucks are kept in the Public Works Building or stored on Public Works property. Light vehicle maintenance (oil changes, tire rotation, etc.) for vehicles are done at the Public Works Facility. Used oil is collected for recycling and stored in a covered and anchored barrel with a cement spill Paae 25 NPDES RPE Stormwater Permit Application basin. Basin is checked regularly and after rains for any evidence of seepage or leaks. Automotive repair and significant maintenance for Town vehicles is done through local private mechanic services. Vehicle washing is performed outside the Public Works Building or at local car washes as needed. The Public Works Facility does not have a wash bay but biodegradable soap is used for this process. Salt storage is under shelter at the Public Works Facility. Sand is stored in the open. Other materials are also stored within the Public Works building and hazardous materials are stored on spill —pallets to contain any materials if they should seep, leak, or spill out of their containers or barrels/drums. Parking lot run-off from the Town Hall, the Public Works Facility and the Police Department drains into existing storm drains or drainage ditches installed along Vanderbilt Road. 7.6.6 Waste Disposal: The Town does not own or operate a waste transfer station. Town garbage trucks collect garbage weekly and deliver it to a site maintained by Buncombe County. The Town has on -site bins at the Public Works Facility for residents to bring recyclables such as glass or paper, which is picked up by private carrier. 7.6.7 Flood Management Projects — NIA 7.6.8 Existing Ordinances: All local Land Use Ordinances will continue to be reviewed in the next fiscal years as part of the Town's normal review of our Zoning and Subdivision Ordinances. The Town will include review and development of ordinances to meet Phase II requirements as final rules are implemented. 7.6.9 Other Evaluations: As a small Town, Biltmore Forest has limited municipal operations and vehicle maintenance, garbage collection, and hauling of materials. These are not the primary functions of the Public Works Staff and Facility, but are just some of the services provided along with Town facility and road maintenance, brush and leaf removal, roadway shoulder repair and other Public Works functions. The Town does not: own/operate ambulance, EMT or transportation or transit services, nor does it have a wastewater treatment plant or water treatment or storage facilities, landfill, recyclables processing center, mining operation, airport,.or marina. Town staff evaluated all Town facilities and operations for their relevance/impact on the Phase Il program and concluded that Parks maintenance, vehicle maintenance and washing, and material storage at the Public Works Facility are the only activities of impact under this program. Unless otherwise directed by the State, the Town will not be seeking separate industrial permits for these functions at this time, as they are part of overall Town services and operations. Paae 26 NPDES RPE Stormwater Permit Application 7.6.10 Decision Process: The Town has an outstanding record of good housekeeping practices and will continue to maintain those practices in the Public Works Facility and in Town Parks. 7.6.11 Evaluation: Evaluation approaches will be determined for each of the goals under this Measure as the strategies and approaches are better defined and as/if there are changes with the Final Rules. BMP SUMMARY TABLE: TOWN OF BILTMORE FOREST NPDES PERMIT APPLICATION NARRATIVE SUMMARY 1. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Goals YR YR YR YR YR 1 2 3 4 5 1 Explore regional opportunities for X X X X X cost sharing on development and distribution. Distribute information through the X X X X X Town newsletter and Town website. Educational materials available in X X X X X Town Hall for residents, landscapers, and home builders. 2 Conduct/Support annual trainings Work with local and State agencies to develop X X X X X locally. trainings and materials for the public, landscapers, homebuilders and Town staff. 3 Education materials available Determine locations of stream bank degradation and X X X X X detailing streambank techniques provide property owners, landscapers and and sources of technical assistance homebuilders with information on stabilization and available for improvements. best management practices available that can be used for improvements. 4 Distribute information through the Place information in the Town's newsletter alerting X X X X X Town newsletter and Town people that the storm drains are not for waste website. disposal. Other storm drain related information will also be included in the newsletter and on the website. Paoe 27 NPDES RPE Stormwater Permit Application BMP SUMMARY TABLE: TOWN OF BILTMORE FOREST NPDES PERMIT APPLICATION NARRATIVE SUMMARY 4. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Goals YR YR YRJ YR YR 1 2 3 4 5 1 Require site plans and permits for Maintain an effective Erosion and Sediment Control X X X X X land disturbing activities of one Program for construction activities in coordination with acre or more. the local County Office. BMP SUMMARY TABLE: TOWN OF BILTMORE FOREST NPDES PERMIT APPLICATION NARRATIVE SUMMARY S. BMP's and Measurable Goals for Post -Construction Management in New Development and Redevelopment BMP Measurable Goals YR 1 YR 2 YRJ 3 YR 4 YR 5 1 Adopted Stormwater Management Remain up to date on any model ordinance that the X X X X X regulations and standards from State may provide. Buncombe County Erosion Control. 2 Utilize the Town Planning Commission to draft X X X X X recommended language for the Board of Commissioners. 3 Enforce local ordinance. Allow Buncombe County to enforce all ordinances. X X X X X BMP SUMMARY TABLE: TOWN OF BILTMORE FOREST NPDES PERMIT APPLICATION NARRATIVE SUMMARY 6. BMP's and Measurable Goals for Public Education and Outreach BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 1 Practice good housekeeping in all Continue the Town's maintenance policies of good X X X X X Town facilities. housekeeping and pollution prevention practices within the current facility and the Town Parks. Utilize spill -pallets for hazardous materials stored In barrels. Maintain an inspection sheet for the oil recycling containment area. Keep materials labeled and in a neat and locked area. Provide signed recycling bins at Public Works Facility. 2 Train Town employees annually on Utilize available training materials from the EPA, the X X X X X good housekeeping, pollution State, and land of Sky Regional Council as part of prevention, and hazardous employee training. materials management. Paae 29 Michael F. Easley, Governor w A William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 15, 2007 Mr. Jerry Crouch, Public Works Director Town of Biltmore Forest 355 Vanderbilt Road Biltmore Forest, North Carolina 28803 Re: Town of Biltmore Forest NPDI S Phase 11 Permit Post -Construction Ordinance Dear Mr. Crouch: This letter is to inform the Town of Biltmore Forest that the Division of Water Quality (DWQ) has reviewed the Biltmore Forest Phase II Post -Construction stormwatcr ordinance and believes that the ordinance meets the requirements of the Phase II stormwater program. The Town of Biltmore Forest Phase 11 Post Construction stormwater ordinance is therefore approved. DWQ appreciates the hard work you and the Town of Biltmore Forest have committed to this process to develop this program. As you know, the Town of Biltmore Forest Phase II NPDES Permit (Permit No. NCS000443) requires that your post -construction program shall begin no later than July 1, 2007. Additionally, any proposed future changes in your stormwater ordinance relating to the required Phase II post construction program must be approved by DWQ before adoption. If you have any questions concerning this approval, please contact Bill Diuguid at telephone number (919) 733-5083 ext. 382.- Sincerely, 1L Coleen H. Sullins, Director Division of Water Quality cc: DWQ Asheville Regional Office h n`rlh Carolina North Carolina Division or Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterquality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal oppolunilylAffirmative Action Employer — 50% Recycled/10% Post Consumer Paper North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor June 22, 2005 Mr. Ramona C. Rowe; Mayor 355 Vanderbilt Road' P.O. Box 5352 Biltmore Forest, North 28813 William G. floss, Jr., Secretary Alan W. Klimek, P.E., Director Subject: NPDES Permit Number NCS000443 Buncombe County, Town of Biltmore Forest Dear Mr. Ramona C. Rowe; In accordance with your application for a stormwater discharge permit received on March 11, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: http:l/h2o.enr.state.ne.us/su/NPDES Phase_1I Stormwater_Program.htm As a result of comments received during the comment period, DWQ revised the TMDL language for communities that are or may be subject to TMDLs during the tern of their permit. The revisions were editorial in nature and necessary to clarify the additional requirements a community would be subject to if 1) the permitted MS4 is or becomes subject to an approved TMDL, and 2) following notice of such by the Division. If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NO1�I1Ca1 O1111a Phone: 919-733-70151 FAX: 919-733-24961 Internet: h2o.enr.state. nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Aaturally If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, . &40� -& Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Regional Office M1 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY DRAFT PERMIT NO. NCS000443 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Town of Biltmore Forest is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Town of Biltmore Forest Jurisdictional Area Buncombe County to receiving waters, Brown Branch, Four Mile Branch, Ram Branch, Raoul Branch and an unnamed tributary of Sweeten Creek, within the French Broad River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective July 1, 2005. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 22, 2005. �' &±6 &.f.,J'r Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission 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 PERMIT NO. NCS000443 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Town of Biltmore Forest is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Brown Branch, Four Mile Branch, Ram Branch, Raoul Branch and an unnamed tributary of Sweeten Creek, within the French Broad River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 11 Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved 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. 3. 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 MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permitter may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page I of 2 PERMIT NO. NCS000443 hnplementatiou of best management practices consistent with the provisions of' the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. S. The permit authorizes the point source discharge of' stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another 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 and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCSO00443 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: 1. The permittee will develop and -maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures 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. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation, The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. S. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. b. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. Part H Page I of 12 PERMIT NO. NCS000443 10. Proposed permit modifications must be submitted to the Director for approval. 11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Water Quality Recovery Program. The following additional requirements apply. (a) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall establish a TMDL Water Quality Recovery Program and shall identify the locations of all currently known MS4 outfalls within its jurisdictional area with the potential of discharging the pollutant(s) of concern: to the impaired segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments. The permittee shall also develop a schedule to discover and locate all other MS4 outfalls within its jurisdictional area that may be discharging the pollutant(s) of concern: to the impaired stream segments, to their tributaries, and to segments and tributaries within the watershed contributing to the impaired segments_ (b) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the appropriate best management practices Part H Page 2 of 12 PERMIT NO. NCS000443 constitutes compliance with the standard of reducinb pollutants to the maxiI11L1111 extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permittee shall incorporate any necessary changes into the program. The permittee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream segments in the MS4 jurisdictional area by referencing the 2004 Integrates! 305(b) and 303(d) Report (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. Part II Page 3 of 12 PERMIT NO. NCS000443 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 stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BNlPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals YR YR YR YR' "YR l 2 4 (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for 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 X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material 'to X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 4 of 12 PERMIT NO. NCS000443 SLCI'ION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and. implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of' the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals YR YR YR YR YR 1 2 3 4 S. (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Pro ram. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (c) Establish a Citizens' Develop a citizens' group(s) for input on X X X Group(s) stormwater issues and the stormwater program. Part 11 Page 5 of 12 PERMIT NO. NCS000443 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement 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. e 'i�b a. BMP� vr��'f����sx�KJass r� Y-- =. $ s _ .T :X - as S .' L '-"�' ?> 'Ly{ 'Measurable Goals ,, �p a - wxy a YRt YR RYR t YI R �Pa ' -Y' a .�.4..X-��:..��� ����;f �:_x��,. •-'�-., ''- cM:3.. zs.34 yc� 4 p : �� �,�.�_�.��.�� .,.��.xa�x��.�..�::: ��<.� ,��. �.��,, XT ^r .�� �1� - #r �.e�2.� �3::�� �:=4.�:� ,1L5;�5 (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 maintain Establish and maintain adequate legal X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) implement illicit Implement an inspection program to X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. Part E Page 6 of 12 PERMIT NO. NCS000443 .y * • rBMP�r=k,� e �: Measurable Goals YR YR YR YR L !.�"j .� j ,�.,.' mac^'}C a S`,q ;a, f&... - < ♦ ,?.! ;.r� ;Y �S v t r� ' .iF� I.7 v . J. (e) Conduct employee Conduct training for municipal staff on X X X X X cross -training detecting and reporting illicit discharges. (f) Provide public inform public employees, businesses, and X X X X X education the 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. Part ❑ Page 7 of 12 PERMIT NO. NCS000443 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. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part D Page 8 of 12 PERMIT NO. NCS000443 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. ;� _ � CC ° BMPMeasu_�ralile '�tOii�ki Goais �_ r �'rM,,� `� WR ?(. 4YR 4,¢GY�aR YR� r I; YRY f.' S y�sPP s•s� ° >,;:� . = >f ` • Y r3cA/ ��'{� . i L4 a7:1"{E'�„C a1a a .1 "s (a) Establish a Post- Develop, adopt by ordinance (or similar X X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stonnwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require adequate long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part U Page 9 of 12 PERMIT NO. NCS000443 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that arc already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; Part H Page 10 of 12 PERMITNO. NC5000443 (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 214 .1008(c); (D) A11 built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 11 of 12 PERMIT NO. NCS000443 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. BMP Measurable Goals r; YR YR YR" YR:' YR (a) Develop an operation Develop an operation and maintenance X X X X X 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 X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X X pollution prevention and good housekee in rocedures. (d) Review of municipality Conduct annual review of the industrial X X X X X owned or operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part 11 Page 12 of 12 PERMIT NO. NCS000443 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. if monitoring and sampling are being performed documentation of results shall be included. Documentation 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 August 3 l of each year and cover the previous year's activities from July I to June 31. 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 perrnittee 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 permitter 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 review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part I.tl Page 1 of 2 PERMIT NO. NCS000443 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 III Page 2 of 2 PERMIT NO. NCS000443 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required 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 27699-1617 (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: (i) 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 (ill) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000443 For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a} The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to 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. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. G. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000443 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial ol' 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 $ l 1,000 per violation with the maximum amount not to exceed $ l 37,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum 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 $1 1,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V Page 1 of 6 PERMIT NO. NCS000443 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 $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class H 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, 143-215.6B, 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 311 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. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000443 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 tenninating 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. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine 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. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000443 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement 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. Part V Page 4 of 6 PERMIT NO. NCS000443 SECTION C: MONITORING AND RECORDS 1. 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 tirne 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 volurne 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; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000443 (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 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000443 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 V 1 Page 1 of 1 PERMIT NO. NCS000443 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page I of I PERMIT NO. NCS000443 PART VIII 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 take the form of a process, activity, physical structure or planning (see non-s(ructural BMP), 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 U S C 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development If it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environment and Natural Resources Part VI.II Page I of 4 PERMIT NO. NCS000443 7. Division DW The Division of Water Quality. Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. 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. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. 111 icit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. Part VM Page 2 of 4 PERMIT NO. NCS000443 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 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 Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. 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). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part VIII Page 3 of 4 PERMIT NO. NCS000443 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V111 Page 4 of 4 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 March 13, 2003 Terry Crouch Public Works Director Town of Biltmore Forest P.O. Box 5352 Biltmore Forest, North Carolina 28813 Subject: NPDES Phase II Stormwater Program Application for discharge permit Application Number NCS000443 Buncombe County Terry Crouch: The Division of Water Quality's Stormwater and General Permits Unit hereby acknowledges receipt of your NPDES Phase II Stormwater permit application package on March 11, 2003. The submitted package contained the required form SWU-264, comprehensive stormwater program narrative, and $715.00 application fee. A preliminary review of your application package has been conducted and it appears to be complete. No further information is required at this time. This application has been assigned application number NCS000443. Please include this number with all future correspondence. If you have any questions concerning this letter, please contact Mr. Darren England at telephone number (919) 733-5083, extension 545. Sincerely, Bradley Bennett Stormwater & General Permits Unit NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623.7748