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HomeMy WebLinkAboutBRUNSWICK_COMPLETE FILE - HISTORICAL_20060412-STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000_ f'i�--d�� LtlJ-L4 DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑ �u <v d 7 �C-21 YYYYM M D D COUNTY OF BRUNSWICK ENGINEERING SERVICES POST OFFICE Box 249 20 REFERENbUM DRIVE NE • BouvlA, NORTH CARouNA 28422 BUILDING G )EFPREY W. PHILLIPS TELEPHONE: (910) 2.53-2500 DIRECTOR April 12, 2006 FAX: (910) 253-2704 Email: engineer0brunsco.net Mr. Micheal F. Randall North Carolina Division of Water Quality Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Randall: We have received the draft Brunswick County (County) NPDES Stormwater permit (NCS000432) and appreciate the opportunity to provide comment before the draft permit goes to public review. While we have not done a comprehensive review of the draft permit, we have highlighted several areas of concern that we would like to comment on and document in this letter. 1. In the draft permit, you reference monitoring in several places. It is not clear if this is a requirement of Brunswick County. 2. There is confusion as to whether coastal counties are mandated to follow these new rules or is it strictly voluntary? 3. In the section on Post -construction, you refer to over one acre disturbed. However, the cover page refers to 5,000 square feet disturbed. Please clarify. 4. The overall cost of implementing, reporting and monitoring collected data puts an undue burden on County Government. The complicated amount of reporting required will not reduce the pollution problem. I feel it would be more beneficial to spend our efforts in review and inspection. 5. The urban areas of the County are not in the jurisdiction of the County and almost all of the waterfront areas are located in incorporated towns. This makes it extremely difficult to manage stormwater control as some nun off from incorporated areas flow into County unincorporated streams. 6. Section E: Construction Site Runoff Control of the draft permit suggests that the County will be implementing this measure. We have indicated in our Comprehensive Stormwater Management Program Report (Report), submitted to the DWQ on March 10, 2003, that we would like to exercise the privilege afforded to us by DWQ to have the NC DENR- Division of Land Quality administer this program measure in full. This is stated in Section 6 of the Report. However, to ensure compliance with the Sedimentation and Pollution Control Act, G.S. 113-A-50 et seq, the County has included language in their adopted stormwater management ordinance that provides for site inspection by County staff and states that failure to properly implement an approved Erosion and Sediment Control Plan is a violation of the ordinance. This is stated in Section 7.4 of the Report. 7. 1 feel that several simple guidelines could manage the County Stormwater program and help to achieve our long term goals. They are as follows: A. Keep the current density requirements. B. Require all incorporated areas in coastal Counties to comply. C. Require all commercial and industrial developments to have a stormwater permit. D. Require all residential properties disturbing over one acre to have a stormwater permit. E. Require all land being filled over 4 inches from existing grade to have a stormwater permit. F. Limit piping to street crossing only and limit curb and gutter to use grass swales. F. Let County Government set up their own record keeping system. Monitoring by the State can be achieved by recording benchmarks and overall improvements. We will continue to evaluate the draft permit as we await a revised version that will be available for the public review period. Please do not hesitate to contact me with questions regarding the County's comments. Sincerely, r effrey W. Phillips Brunswick County Stormwater Administrator JWPIba tl (r Ij11 /� ]LC Michael F. Easley, Governor � 9pG William G. Ross It- Secretary North Carolina Depariment of Environment and Natutal Resources rAlan W. Klimek, P. E. Director Division of Water Quality Q Coleen EI. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements: Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date): Brunswick County NCS000432 Brunswick County Municipal Separate Storm Sewer System Cape Fear River, Southport (DEH Area), Lockwoods Folly River (DEH Area), Calabash (DEH Area), and Shallotte River (DEH Area) Lumber and Cape Fear River Basins C, SA, SC See,atlached draft permit See Part V, Section A of the attached draft permit Not applicable Not"applicable April 13, 2006 DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 6, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) T Date �A1:�01Qz0C& tf�� Stormwater and General Permits Supervisor Date Io 2ao6 r�r � Concurrence by Regional Offic�e� f'`%,��,1 U '-' Ab !� - = I'w)11 Date ;2. .t Water Quality Supervisor Date N. C. Division of Water OuaIity 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 ,Cyt♦ ENR Customer Service 1-877-623-6748 W ATF Michael F. Easley, Governor 1) William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director y ` Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality February 20, 2006 Jeffrey Phillips, Director Engineering Services County of Brunswick P.O. Box 249 Bolivia, North Carolina 28422 Subject: Draft NPDES Permit Number NCS000432 Dear Mr. Phillips: Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the County of Brunswick. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase II permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase II Permits and the existing State Coastal Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase II Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. 11C1?Eh:# N. C. Division of Water Quality 1617 Mail service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. _ Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc: Stormwater and General Permits Unit Wilmington Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000432 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with applicable law, including the regulations promfulgatt�;a nd adopted by the North Af Carolina Environmental Management Commission, and the Federal Water -Pollution Control Act, as amended, ` Brunswick is hereby authorized to discharge stormwater from their re"gulated"municipal separate storm sewer system located: within the Urbanized;,Area oft.B : nswick County to receiving waters, Cape Fear River, Southpoi•t5(DEM� ea), Lockwoods Folly River (DEH Area), Calabash (DEH Area), and Shallotte River (DEH fea), within the Lumber and Cape Fear River Basins in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Farts I, 1I, III, IV, V, VI, VII and V1I1(hereo£,� This permit shall become effective Month Day, Year. This permit and the authorization to discharge are subject to applicable law and shall expire at nudnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000432 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 Ec CONSTRUCTION SITE RUNOFF CONTROLSt„ SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION,AI D GOODHOUSEKEEPING FOR MUNICIPAL OPERATIONS!` PART III PROGRAM ASSESSM,(fE/✓NT �k��[4 y? , OV lr�. 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 RE -OPENER PART VIl ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS 0 PERMIT NO. NCS000432 PART I PERMIT COVERAGE l . During the period beginning on the effective date of the permit and lasting until expiration, the County of Brunswick is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Cape Fear River, Southport (DEH Area), Lockwoods Folly River (DEH Area), Calabash (DEH Area), and Shallotte River (DEH Area), within the Lumber and Cape Fear River Basins. 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 II Municipal NPDES Stormwater Permit,Applica ion, NPDES Stormwater L� .� n+ :`s+a f Permit Application Comprehensive Stormwater Management Erogram;Report and any approved 10, modifications. x_ . 2. All discharges authorized herein shall be lawfully conditions of this permit. Any other point source prohibited unless it is an allowable non-stormwati authorization, or approval. , This permit does not relieve the applicable federal, state, or local in accordance with the terns and to s' rface waters of the state is 9 or is covered by another permit, 41sibility for compliance with any other ordinance, order, judgment, or decree. This permit covers activities associated wiOthe discharge of stormwater from the County owned or operated MS4s within the d�signatcdprbanized area as described in the approved local Stormwater Plan to control po ntial pollution from the MS4. The permit applies to current and future County owned or operatedMS4s within the designated urbanized area, 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. The Division may deny or revoke coverage under this permit for separate entities and'require independent permit coverage as deemed lawfully and reasonably necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004- 163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop.and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 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. Implementation 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 Part I Page 1 of 2 PERMIT NO. NCS000432 ' to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In' addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another 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"doiiot•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; '`im air conditioning condensate (9mmerciallresidential); • irrigation waters (does not I Mude reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS000432 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: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions,of the Stormwater Plan. Tile permittee will keep the Division advised of the status of develop ent of appropriate ordinances and legal authorities and will pursue these authorities iniaccordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implet pollutants from the MS4 is reduced to the maxis order to meet this provision, implementation of given to priority areas and to management mess efficient at varying stages of the plan's impleme The permittee will implement the maximum extent practicable, illic !fed such that the discharge of .ticable. It is anticipated that in Plan will occur with emphasis ns that are most effective and if the Stormwater.Plan to prohibit, to the pills and illegal dumping into the MS4. 4. The permittee will implementiprovisionsJof the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater b l Plan, This will include the prov, `lions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. b. The permitter will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance'with this permit. The permittce 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 be in accordance with law and will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will identify and evaluate governmental operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of governmental facilities to reduce the potential for stormwater pollution. For each MS4 subject to Phase II, the county must provide: a. A brief description of the MS4. b. The location of the MS4. Part II Page 1 of 13 PERMIT NO. NCS000432 C. Information on the receiving streams, including receiving stream name, stream segment, water quality classification, use support rating and if known, any water quality issues including threatened and endangered species. d. A brief description of the activities and/or operations. e. A description of the target audience(s). f. A description of the potential stormwater runoff impacts. 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 Wate'r,Qualtty.Recovery. Program. The following additional requirements apply.'' (a) Within two years after receiving the Division's 661 e,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'MSs'4Loutfalls from the County owned or Af 9�Z� operated MS4s within the designated urbanized aras described in the approved local Stormwater Plan with the potential of�discharging the pollutant(s) of concern: to the impaired segments, to their tri watershed contributing tooth e schedule to discover and local operated MS4s within the ds Stormwater Plan that m4 be stream segments, to their tribe watershed contributmQ,to the sue, and to segments and tributaries within the :d se ents. The permittee shall also develop a her,MS4 outfalls from the County owned or urbanized area as described in the approved local Bing the pollutant(s) of concern: to the impaired and to segments and tributaries within the A 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 penmittee 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 Part II Page 2 of 13 PERMIT NO. NCS000432 appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum 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 by referencing the 2004 Integrated 305 b and 303 d Repo (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. Part II Page 3 of 13 PERMIT NO, NCS000432 SECTION B: PUBLIC EDUCATION AND OUTREACH Counties should consider utilizing Best Management Practices (BMPs) that specifically focus on pollution sources that the identified target group(s) will most likely be able to reduce. 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the target groups (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. APAW (d) Inform target groups on steps they can take to reduce or�preyent stormwater pollution. 2. BMPs for Public Education and Outreach For each MS4 subject to Phase II, the permittee shall implemerif the`I'fall`owing BMPs to meet the `�..--1V objectives of the Public Education and Outreach Program andtshall notify the Division prior to modification of any goals. V, „T j BMP :\ F '� x Y 1+` a - e i „¢ , Measurab Goals ,"� -, z i 1'YR '� YRYRYR, 1 = I YR. lv.fx �.;r�.,...sl 2.,3 4.5r (a) Public Education and Develop a'Public Education and Outreach X Outreach Program Program with n's1=2, an hs of the permit issue date describing outreach strategies to inform identified target rgroups, including major economic and ethnic groups, on utilizing practice_ §,.•,that focus on pollution sources that they will most likely be able to reduce. (b) Public Education Develop stormwater educational material for X X X X Materials target groups. Instead of developing its own materials, the county may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (c) Informational Web Site Develop and maintain a public education X X X X X website to document the county's pollution prevention programs and promote stormwater quality. The website would include articles on stormwater, information and brochures on water quality, stormwater related projects, brochures in water quality, public announcements, and ways to contact appropriate staff. (d) Hotline Advertise both a phone -based and X X X X X website hotline for public participation in identifying issues and keep a log of stormwater related calls and e-mails. Part U Page 4 of 13 PERMIT NO. NCS000432 is `5t �BMP �Ke,r �� L,^�E,1� i' - ;4 S..c° �_ ."v r _.,$ ;:, s 1 ! , k r ,, *�,_ a{" 1Vlcasurahle Goals�ti ,. , ..i 31 'Yf rRi']`l lv! 11 �{ k1 y1 ]kF�i '�P y k 2 h IL ;� , ,t p ','i ', x r Y: ,►,' .r 5 lir 1."'r �.`;1 �� YR' y_ . 2ai ,. Y•1..� , u3; Y .. '� ...3 ,4'k r'i M - t� r (e) Education Material Distribute educational material to target X X X X Dissemination groups. Possibilities include, new -resident information packages, civic forums and seminars with stormwater content presented by staff, Cable television stormwater public service announcements, distribute leaflets with lawn care and car wash BMP descriptions, Workshops for County staff, business community and developers, water and environmental stewardship workshops for'. youth." S (f) Special Events sponsored, Participate in county -sponsored X X X X special events and provide mes on the importance of stormwater management and activitiesdhat can � Ei< ff help keep stormwater cle Part II Page 5 of 13 PERMIT NO. NCS000432 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the'public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation For each MS4 subject to Phase II, the permittee shall implement the followingrBMPs to meet the ra �: • objectives of the Public Involvement and Participation Program► d shall,notify the Division prior to modification of any goals.. r i i MTh LBMPrj'?'Y 34 V i y - .,a.. - i 4 i✓ , �zMm Measurable Goalsf K r C YR �YR, YR rt .r e�M_ 0 # . f' ryd rceyT?.*a^v - ,�y} 'y1 rYR y .1.'2';;`� rM � a-Yrt'" � >��, =�' �_ .. •y r (a) Public Involvement Develop and implemenf a Publicilnvolvement X X X X X Program and Participation Pr gram: (b) Public Review and Conduct at<least onepublic meeting to allow X Comment on the the publican` o p rtunity to review and Stormwater Plan comment on the St rmwater Plan. (c) Volunteer linvolvement OrgEize andliinplement a volunteer X X X X X Program stormwOOrelated program designed to promote ongoing citizen participation. Possibilities include, Storm Drain Sentries Program and Big Sweep stream clean up and education day. (d) Citizens' Advisory Continue Technical Advisory Committee X X X X X Stormwater Meeting process. (g) Hotline Advertise both a phone -based and X X X X websitc hotline for public participation in identifying issues and keep a log of stormwater related calls and e-mails. Part 11 Page 6 of 13 PERMIT NO, NCS000432 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'tignificant contributor of pollutants to the MS4.: (c) Implement appropriate enforcement proceduresend actions. (d) Develop a storm sewer system map showing alhoutfalls and' aters receiving discharges from the County owned or operated MS4 within the designated urbanized area as described in the approved local Stormwater Plan. 4' (e) Inform employees, businesses, and the general; public of hazards associated with illegal q discharges and improper disposal of wastN'e. 2. BMPs for Illicit Discharge For each MS4 subject to Phase 11, the objectives of the Illicit Discharge Det prior to modification of any goals. .4 mplement the following BMPs to meet the nation Program and shall notify the Division h rl. C''" ;r. G.; Measurable Goals i � . R, 71' li fk i r �YR A t �tiYR4 1..:atl,�ta���?'"�,�:a1t_ 2r'*31�€5 (a) Develop/Implement Illicit Develop and implement an Illicit Discharge X X X X X Discharge Detection and Detection and Elimination Program. Include Elimination Program provisions for program assessment and evaluation. (b) Prohibit Illicit Discharges Establish and maintain adequate legal. X X X X X authorities to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. If the county does not have the legal authority to develop an enforceable ordinance to prohibit illicit discharges to their MS4, their Stormwater Program must describe how they will rely on other entities that do have the necessary authority to prohibit illicit discharges. (c) Develop a Storm Sewer Identify outfall locations and map stormwater X X X X X System Base Map drainage system components from the County owned or operated MS4 within the designated urbanized area as described in the approved local Stormwater Plan. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part II Page 7 of 13 PERMIT NO. NCS000432 BMF �" � 1 f iVleasuratilepGouls" t � YRX YR1 OYR -, °YW1 s (d) Implement Illicit Implement an inspection program to detect dry X X X X Discharge Detection weather flows at system outfalls. Establish Procedures 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. (e) Employee Training Train county stromwater staff dn.procedures�Q X X equipment use and investigatingllegal discharges. -, , (e) Illicit Discharge Conduct inspections an&take �easonahle steps X X X X Detection and to mitigate any illicit dumping discovered Elimination Inspection during these inspectio s.lRepoft any illicit 01% --NfQ Program discharge�discov&ed dunng these inspections= M S:. (g) Public Education Preparereducatior alv'material and distribute to X X X X tnform target audience of targeaudiences I PIA hazards associated with illegal discharges and imp ro errds osal of waste. p� P (h) Public Reporting Establish and publicize County's X X X X X Mechanism environmental concern hotline for the public to report illicit discharges. Investigate and mitigate any reported illicit discharge. Maintain a log of hotline calls and actions taken. Part H Page 18 of 13 PERMIT NO. NCS000432 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from County construction activities, within the designated urbanized area as described in the approved local Stormwater Plan, 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 erosionfand sediment control practices, review of site plans which incorporates,,conside ation of potential water quality impacts, and procedures for site inspection and enforce AL tyof control measures. A Arl --44V (c) Establish requirements for construction site operators to controliwaste such as discarded 1:. building materials, concrete . truck washout, chermcal's, litter, and sanitary waste at the N Y . ctsa. construction site that may cause adverse impato watersquality. 2. BMPs for Construction Site Runoff Controls The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls bye& itting and controlling development activities disturbing one or more acres of lghdNurface and those activities less than one acre that are part of a larger common plan of development. This grog arms authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A 6f�the North Carolina Administrative Code. This program includes procedures for publictinput, 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 (NCGO 10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCGO10000 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 H Page 9 of 13 PERMIT NO. NCS000432 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment. (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. Post -Construction Site Runoff Controls. The permittee shall develop and implement a program to address post -construction stormwater runoff from new development and r 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 for each MS4 subject to Phase I1 within 24 monthsof'the permitttssue date. (a) The permittee must meet the requirements of construction projects that are performed by meet this requirement, the permittee may it post -construction controls that will peiigin t to ensure that the permittee meets th se requ Phase II Stormwater Management Progra�rns decides to rely on anothe g ogram,,for comp own projects, they must indieat_e�tn their Sto permittee will fully comply wit ,require AY construction nro2rams'! YV :tion program for for, the permittee. To h�e'r`M,Ve-lop the necessary requirements for o the own projects, or develop procedures Ar �irements by complying with another entity's afar post -construction. If the permittee Hance with these program areas for their rmwater Management Program that the ments of the second party's post- (b) For construction activities=performed within the permittee's permitted area not performed by, or under tract with, the permittee, the permittee must: (i) Develop a post -construction program in full, if the permittee has legal authority to develop and enforce an ordinance to control post -construction runoff. (The ordinance must be reviewed and approved by the Director prior to implementation.) or (ii) Indicate in their Stormwater Management Program how they will rely on another party to implement the post -construction program. The permittee must describe how they will cooperate with the entity that does have legal authority to ensure proper implementation of the program area requirements. (c) For each MS4 subject to Phase II, the post -construction stormwater runoff from new development and redevelopment shall include: (i) Strategies for structural and/or non-structural BMPs, (i) A mechanism to require long-term operation and maintenance of structural BMPs (ii) Annual inspection reports of permitted structural BMPs, (iii) Plan review procedures that incorporate water quality considerations in post - construction site plan reviews. (iv) A program to ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater. (v) Nutrient sensitive waters (NSW) protection measures (for programs with development or redevelopment draining to NSW waters) to ensure that the best Part H Page 10 of 13 PERMIT NO. NCS000432 793 management practice for reducing nutrient loading is selected. 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 reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program. The evaluation of Post -construction Stormwater Management Program measures (a) All development activities located with the permittee's square feet or more of land shall control the rune fffroi rainfall to the level specified in Paragraph (b) ofithis n surfaces, except for roads, paths, and water dependen 30 feet landward of all perennial and intermitte&surfa r " .V. activities that meet the provisions of 15A NCAC 2fI 1 comply with the requirements of this Paragrp a fiction that disturb 5,000 first one and one half inch of ,',Vadditibn, all impervious ctures,shall be located at least waters. Redevelopment 2(14) shall not be required to (b) Structural stormwater controls requireedyun�dgrPa graphs (a) shall meet the following criteria: (1) Remove an 85% average artnual amount of Total Suspended Solids. (2) For wet detention po id's draw down the treatment volume no faster than 48 hours, but no slower thah' 20 hours. (3) Discharge thees"'torage volme at a rate equal or less than the pre -development discharge rate}far thel1-1year, 24-hour storm. (4) Meet the Gener�angmeering Design Criteria set forth in 15A NCAC 2H .1008(c). (c) For the purposes of this permit, a surface water shall be present if the feature is 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 Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a). (d) The pen- ittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (e) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural Stormwater control measure annually to the local program. (f) In addition to the other measures required in this rule, all development activities located within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining to Shellffshing (SA) waters shall: (1) Use stormwater control measures that result in fecal coliform die off and that control to the maximum extent practicable sources of fecal coliform while Part 11 Page 11 of 13 PERMIT NO. NCS000432 incorporating the requirements specified in Paragraph (b) of this Rule. (2) Prohibit new points of stormwater discharge to SA waters or expansion (increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances) of existing stormwater conveyance systems that drain to SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin must not increase the net amount or rate of stormwater discharge through existing outfalls to SA waters. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or other natural area capable of providing effective infiltration of the runoff from the 1-year, 24-hour storm shall not be considered a direct poirit,oHt m water discharge. Consideration shall be given to soil type lope getation,�and existing hydrology when evaluating infiltration effectrveness Part II Page 12 of 13 PERMIT NO. NCS000432 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 For each MS4 subject to Phase 11, the permittee shall implement the6f" ollowing BMPs to meet the kill 9 objectives of the Pollution Prevention and Good Housekeeping Program -and shall notify the Division prior to modification of any goals. 1�`r J��aj, n `Yl H , W'. fir' •1„ r �q�._�., �# »F r,.r u�- e ,+ � _- y q�L �,'�f � S � } ' A w .,. (a) Operation and Develop a pollution prevention'pla"ri;;for X X X maintenance program Government Center and use as aomodei for County Owned facilities.A. (b) Spill Response Deve] op,wri tten<proc�edufes*for accidental X releases.��.. (c) Inspection and evaluation For each eounty�owned'and operated MS4s, X X X X X of facilities, operations, ident activities sand operations with the and the MS4 system and sly potential for generating polluted stonnwater associated structural runoff,includinng the MS4 system and BMPs. assoc ated tructural BMPs. Inspect the potential sources of polluted runoff, as well as stormwater controls and conveyance systems. Evaluate the sources, as well as structural stormwater controls, for inspection and maintenance needs, document deficiencies, plan and im lement corrective actions. (d) Employee Training Train employees in pollution prevention, X X X X X good housekeeping and proper disposal of waste. (e) Employee Training Review fertilizer and pesticide use by County X X em to ees (f) Employee Training Review ditch and stormwater X X X maintenanceprocedures used by County em to ees (g) Review and monitor Document schedules and scope of wrol to be X X X X operations in or near performed around riparian buffers. riparian buffers (h) Sewwr Cleaning Develop and implement schedule for regular X X X storm sewer cleaning Part II Page 13 of 13 PERMIT NO. NCS000432 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 slormwater 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 annual basis. The permittee will submit a report of this the Division on an annual basis. This information will cover the previous year's activities from Date to Date appropriate information to accurately describe the prof Stormwater Plan and will include, but is not limited t_ , (a) The permittee will give a detailed Stormwater Plan. This w'l ',nclui all. components of the Stormwatei year following each report.ax' [ed as:necessary, but at least on an iation and monitoring information to omitted by date of each year and iermtttee, s reporting will include . status, and results of the permittee's Vowing components: lion of the status of implementation of the nation on development and implementation of r the past year and schedules and plans for the (b) The permittee will adequately d�e`scribe and justify any proposed changes to the IN Stormwater Plan. Thi_sywill include descriptions and supporting information for the proposed changes arid-howIthese changes will impact the Stormwater Plan (results, effectiveness, implem nta on schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the lawful requirements of the permit. Within 30 days of such notice, the permittee will submit a Part III Page 1 of 2 PERMIT NO. NCS000432 U 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 W, 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. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. , A. Part III Page 2 of 2 PERMIT NO. NCS000432 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: /ir ,/�'4") -/ Department of Environment and Natdrai'^Re Division of Water Qualify' Stormwater Permitting,Umt 1617 Mail Service Cen bi Raleigh, North Carolina 27699 1617 (b) All applications, reports,, or; inforniahon sMbHtted to DWQ shall be signed by a principal executive officer, rankingelected official or duly authorized representative. A person is a duly authorized representativ'only if (i) The authorization maddee0 in writing by a principal executive officer or ranking F, 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 environmentallstormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowing submitting false information, including the possibility of fines and imprisomnent for knowing violations." 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) ' The dates, exact place, and time of the activity or information collected; Part TV Page 1 of 2 PERMIT NO, NCS000432 4. 5. 6. 7. (b) The individual(s) who performed activity;, (c) The techniques or methods used; and (d) The results of such activity or information collected. 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. .�. 4 . The written submission shall contain a description of period of noncompliance, including exact dates and ti corrected, the anticipated time compliance is expecto reduce, eliminate, and prevent reoccurrence of the 'A The Director may waive the written report received within 24 hours. Annual Reporting The permittee will submit reporting and this permit on forms provideddby the DV Additional Reporting pliaiice and its causes; the the noncompliance has not been e; and steps taken or planned to basis if the oral report has been information on an annual basis per Part III of The Director may request reporting.information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwatcr Plan, or for the entire Program. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this pen -nit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000432 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all lawful 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 ofspermit coverage upon Pw renewal application, � (a) The permittee shall comply with standards or p ohibi ions established under Section 307(a) of the Clean Water Act for toxic pollutantsV it in the time provided in the regulations that establish these standards or pr hibitio�i�is, even if the permit has not yet been modified to incorporate the requirement•.' ` v (b) The Clean Water Act provides that any pers"on who violates a permit condition is subject to a civil penalty not to exceed the m x mum 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 cnHna p penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than. year, or both. Any person who knowingly violates permit conditions is s bbject tyriminal penalties of $5,000 to $50,000 per day of violation, or imprisonm'enntt5,16f not more than 3 years, or both.. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(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 arc not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class 1 penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $137,500). Part V Page 1 of 6 PERMIT NO. NCS000432 2. 3. 4. 5. 6. 7. 8. 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. 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 143.2. .3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 14319. ore, the permittee is eye t responsible for consequential damages, such as fish killsho gh1 e responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to p ludd'thecrnstitution of any legal action or relieve the permittee from any responsibilities, liabilities,r penalties to which the permittee is or may be subject to under NCGS 143-2L57.5 et seor Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, noi'any*infringement of federal, state or local laws or regulations. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 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. Part V Page 2 of 6 PERMIT NO. NCS000432 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 pem7it may be modified planned changes or anticipat Part V Page 3 of 6 notification of PERMIT NO. NCS000432 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance 2. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Need to NAIL or Rednee not a Defence It shall not be a defense for a necessary to halt or reduce tf condition of this permit. Part V Page 4 of 6 have been nce with the PERMIT NO, NCS000432 SECTION C: MONITORING AND RECORDS 2. 3. 4. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or 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'Dir cto Flow Measurements ' Where required, appropriate flow measurement scientific practices shall be selected and used to measuremcnts of the volume of monitored disel Test Procedures Is consistent with accepted y and reliability of Test procedures for the analysis of pol1uuttant hall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. segthe Water�and Air Quality Reporting Acts, and to regulations published pursuant to�ect o rc304(g), 33 USC 1314, of the Federal Water Pollution b p Control Act, as Amended, andd'Rcguiat�ion 40 CFR 136. To meet the intent of the monitoiing�`"required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (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. Part V Page 5 of 6 PERMIT NO. NCS000432 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. NCS000432 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, farts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000432 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE 12EQUIREMENTS The permittee must pay the reasonable 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 2I-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part Vll Page 1 of 1 PERMIT NO. NCS000432 2 3 4. 5. 0 7 PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution be structural or non-structural and may take the form of a pro planning (see non-structural BMP). ,{ Built -upon Area That portion of a development project that is covered surface including, but not limited to, buildings; paver Joe lots, and paths; and recreation facilities such as tenn a wooden slatted deck, the water area of a swtmming paving material to the extent that the paving materlalI through the paving material. 41n.41% Clean Water Act surface waters. BMPs can vity, physical structure or impe`rrvious or partially impervious .ydAw sand gravel areas such as roads, parking arts:,"Built-upon area" does not include 1 o pervious or partially pervious orbs water or allows water to infiltrate The Federal Water Pollution Control Act; also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq_ Plan of 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. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Part VIII Page I of 4 PERMIT NO. NCS000432 10. 12. 13 Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Grab Sample An individual sample collected instantaneously. Grab qualitatively monitored must be taken within the first Hazardous Substance Any substance designated in 40 CFR Part 116 pursuar Illicit Discharge ZY Any discharge to a MS4 that is r to an NPDES permit (other than and discharges resulting from fig Industrial Activity For the purposes of this in 40 CFR 122.26. be directly analyzed or 311 of the Clean Water Act. "ely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, al activities shall mean all industrial activities as defined 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 Part ViII Page 2 of 4 PERMIT NO. NCS000432 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 CER 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 waterj(discharges or flows from fire fighting activities are excluded from the definition of illicit•discha -,sr 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 thatAvol"Vrffianagement and source controls such as: (1) Policies and ordinances that provide requirements+ nd standards to direct growth to identified areas, protect sensitive areas such as wcilands/1-and riparian areas, maintain and/or increase open space, provide buf drs,along sensitive'water bodies, minimize impervious surfaces, and/or minimize disturbance of oitHrid vege ation; (2) policies or ordinances that encourage infill development in higher density�Ui ban.areas and areas with existing storm sewer infrastructure; (3) education programs for,diievelopers and the public about minimizing water quality impacts; (4) other measures suchas minimizing the percentage of impervious area after development, use of measureslo minimize directly connected impervious areas, and source control measures often thouglit'oof as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 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. Part Vill Page 3 of 4 PERMIT NO. NCS000432 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 lOw implementation plan. The implementation plan outlines the stepAs. to reduce pollutant loads in a certain body of water to restore and maintain water�qualityistandards in all seasons. The Clean Water Act, Section 303, establishes the waterquaiity standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(4)(1) of the Glean Water Act. Part VIII Page 4 of 4 F W ATF Michael F. Easley, Governor `OtO 1) William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director w Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality February 20, 2006 Jeffrey Phillips, Director Engineering Services County of Brunswick P.O. Box 249 Bolivia, North Carolina 28422 Subject: Draft NPDES Permit Number NCS000432 Dear Mr. Phillips: Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the County of Brunswick. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase II permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase II Permits and the existing State Coastal Stormwater Program could be completed. DWQ has . decided to move forward with drafting Phase II Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural storrnwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the I -year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. -yCDEN:t N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc: Stormwater and General Permits Unit Wilmington Regional Office \(1jA7%- , Michael F. Fasley, Governor `O�� 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Q Colcen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Brunswick County NPDES Permit Number: NCS000432 Facility Location: Brunswick County Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Cape Fear River, Southport (DEH Area), Lockwoods Folly River (DEH Area), Calabash (DEH Area), and Shallotte River (DE Area) m vCp River Basin: Lumber and Cape Fear Rivet Basins t» Stream Classification: C, SA, SC o y c Proposed Permit Requirements: ' Se6.attached draft permit 1 b Compliance Schedule: See Part V, Section A of the attached draft permit i Basis for Monitoring: Not applicable Basis for Other Requirements: Nocapplicable Response Requested by (Date): April 13, 2006 . DOCUMENTS REVIEWED NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 6, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater and General P Concurrence by Regional Water Quality Supervisor Date yaD/?.W4:� T Date Yo 2ao6 Date Date E; O N. C. Division of Water Quality 1617 Mail Service Center Raleigh, Notch Carolina 27699.1617 (919) 733-5083 Customer Service 1-877-623-6748 z AFFIDAVIT OF PUBLICATION S•I'A`fE OF NORTH CAROLINA COUNTY OF NEW HANOVER Before the undersigned, a Notary Public of Said County and State, IBrunsuvickCounty—has T. Weil-TallInadge a ppl led -,-for.,. an—, NPD ES Phase II Stormwater Per- mit, to discharge storm- Who, being duly sworn or affirmed, according to the law, says that he/she is water.,from their',munici- pal separate'storm'sewer, ". located within sterythe54rBrunswick CLASSIFIED ADVERTISING MANAGER Count y'jurisdictional area. to'241' receiving waters- Wthinthe'Cape Fear and of THE STAR -NEWS, INC., a corporation organized and doing business under the I_aws of the Lumber River Basins. State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Copies of th&,draft, per-, mit•No- NC5000432, are Wilmington ,available -•at,,http:/lh2o.- enr.state:nc.uslsufphaseV draft permits.htm,ort by Brunswick Count , has a p plied or an NPDI_'S Phase 11 Slornnvrtter Per'rrrir to dischur- e J 11 f a contacting:. C, .1 - .�* ,�tor►nrvater front their municipal separate storm sewer system (YVS4) located within the `y- F =.Aisha Lau Brunswick County jurisdictional area to 241 receiving waters within the Cape Fear and Lit NC Division of Water quality .1617 Mail'Serrvice Center Raleigh,jNC 27699-1617 .Telephone Number pig•:(919)-733-5083, c '- exterision578 ,'aisha.lau@ncmail.net Persons' wishing, to com- was inserted in the aforesaid newspaper in space, and on dates as follows: ment upon or -object to the proposed, determi na, .,.tion'are invited,to submit 12128 Ix their comments'in writing to the above address.no later -than-^january-,_31,,. 2005:;' All comments re- •, ceived prior to that date' And at the time of such publication Star -News was a newspaper meeting all the requirements and will be considered'in.the final determination • re-: qualifications prescribed by See. No. 1-597 G.S. of N.C. garding permit -'issuance: All • comments and re- qquests • should reference draft..r:.permit number NCS000432. �­� - Title: CLASS11ED ADVER. MGR worn or of lrmed to, and su cribed,be fore me this day of A.D.,' In 'Testimony Whereof, I have hereunto set myhn—d,and affixed my off- �r�fi$i, the clay and year aforesaid. ��'ri�,r� )ilokolllblic J�f My commission expires —�—� day of , 20LI�67 Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by publication was duly and properly made and that the summons has been duly and legally served on the de This day of rm MAIL `f0: - Clerk of Superior Court 1?-28-04 04:11pm From -STAR NEWS 9103432229 T-409 P.02/06 F-210 ti Order: W001970602 Pubs: 1,15 Rate: L9 Phone: (919) 733-5083 Gass: 0001 Charges: $ 0.00 Account: N7335083 Start Date: 12/28/2004 List Price: $ 81.42 Name: Young, Sarah Stop Date: 12/28/20D4 Payments: $ 0.00 Firm: NCDENR/DW9/NPDES •Insertions: 2 Balance: $ 81.42 Brunswicl County has applied .+or do NPDES Phase II :;tormwater Pei- m;t to d,scharge storm - water ffo,n their munlci- Syst al rn (MSarote aj rRlocated within the BrunSwiCk County ju•isdictional area to 241 nrcelving waters within the Cape Fear and Lumoer Rover Basins. Coples Of the draft per- mit, No. tiCS000432, are avallaole at http://h2o. anr.state.j4.us/su/phaSQ2 draft ppermrts.htm or by contactlnS Aisha Lau NC EOiSIOn of Mter oua II ty 1617 MaII Service Center Ralelah. NC 27699.1617 Teti phone Number 919}-733-5083, extension 578 aisha lau@ncmail.ner Persons aishong to com- ment upon ut obJect to the proposed determina• tion are invited to submit their comments In writing to the ob,)ve address no later tha.i january 31, 2005. Ali comments re- ceived prix zo that date will be consldere4 In the final deUrrhination re- parding parmlt IssuanCO. All Comments and re- qquests sr.ould reference tfraft pe nnIt numoer NC5000432. IEFFM W. PMLues DIRECTOR January 3, 2005 COUNTY OF BRUNSWICK ENGINEERING SERVICES Posy OFFicE Box 249 179 MARCti 9, 1764 DiuvE N.E. • BOUV[A, NORT-H CAROUNA 28422 BUILDING L TELEPHONE: (910) 253-2500 FAX: (910) 253-2704 Email; engirwr0brunscomet Aisha H. Lau North Carolina Division of Water Quality Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Aisha, JAN 05 20'�­ DENR - WATER QUALITY Wetlands & Stormwater Branch We have received the draft Brunswick County (County) NPDES Stormwater permit (NC S000432) and appreciate the opportunity to provide comment before the draft permit goes to public review. While we have not done a comprehensive review of the draft permit, we have highlighted several areas of concern that we would like to comment on and document in this letter. These areas of concern pertain to (1) confusion on the status of responsibility of the County regarding implementation of Construction Site Runoff Control element and (2) language throughout the draft permit that may present undue liability on the County as a compliant permit holder. Section E: Construction Site Runoff Control of the draft permit suggests that the County will be implementing this measure. We have indicated in our Comprehensive Stormwater Management Program Report (Report), submitted to the DWQ on March 10, 2003, that we would like to exercise the privilege afforded to us by DWQ to have the NC DENR-Division of Land Quality administer this program measure in full. This is stated in Section 6 of the Report. However, to ensure compliance with the Sedimentation and Pollution Control Act, G.S. 113A-50 et seq, the County has included language in their adopted stormwater management ordinance that provides for site inspection by County staff and states that failure to properly implement an approved Erosion and Sediment Control Plan is a violation of the ordinance. This is stated in Section 7.4 of the Report. Our final areas of concern revolve around language in two sections of the draft permit that may present undue liability to the County when executing a compliant stormwater program. The intent of Statement 47, in Part L• Permit Coverage, can be misconstrued in its general form. It is probable that stormwater flows will "cause or contribute" to a violations of water quality standards even when a stormwater program is being fully executed to the maximum extent practicable (MEP). This type of general statement may require a permit holder to implement additional controls beyond its already prescribed and DWQ permitted BMPs and measurable, goals. We believe the statement should include a clause that protects permit holders that adhere to their BMPs and measurable goals. Further, regarding language in Statement #11 in Part I1, Section A: Program Implementation, the drafted language can imply that the TMDL set for a specific water body may be construed as the maximum extent practicable protection required. The objective of a TMDL is to develop a science —based loading that will improve water quality impairment to the point of no longer violating water quality standards. The TMDL process does not consider the feasibility of implementing these controls. Situations may arise where the MEP control does not lead to TMDL fulfillment and therefore the linkage between the TMDL and MEP is not appropriate in generality. We will continue to evaluate the draft permit as we await a revised version that will be available for the public review period. Please do not hesitate to contact me with questions regarding the County's comments. Regards, Jeffrey W. Phillips Stormwater Administrator o�o� w A 7' 9Q0 Din 15 U 1J L5 6 I DEC 0 7 2004 DENR - WATER WALtTy Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Alan W. Klirnek, 1'. 1?. Director Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality Brunswick County NCS000432 Bnmswick County Municipal Separate Storm Sewer System 241 Streams Cape Dear and Lumber River Basins C SW: SC; 13 SNV; SA IIQW; SC SW I-IQW; See attached dralt permit See Part V, Section A of the attached draft permit Not applicable Basis for Other Requirements: Not applicable RECEIVED Response Requested by (Date): December 17. 2004 NOV 2 2 2004 DOCUMENTS REVIEWED BY: NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based oil the documents reviewed, the application information submitted on Mal -ell 10, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) :: �& Date l/ /% Stormwater and General Permits Supervisor 4...#Date Concurrence by Regional Office . Date Water Quality Supervisor t-;)— _x C�� Afl—(.a - 4-, Date .t . '?1LF'�CC s. N. C. Division of Water Quality 1017 Mail service Center Raleigh, North Carolina 27699-1617 (919) 733-70i 5 14CUNR Customer Service I-877-623-6749 Facility Name: NPDCS Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements: Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date): DOCUMENTS REVIEWED ' RECEIVEDMichaelI'. Lasky, Governor WilliamWlliaman� G. Ross .Ir., Secretary North Crolina Department of linvironment and Natural Resources NOV 2 2 2004 Alan W. Klirrnek, 1'. 17. Director Division of Water Quality BY: Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit New Hanover County, NCS000398 New Hanover County Municipal Separate Storm Sewer System Mott Creek, the Crape Fear River. Prince George Creek, Hewletls Creek, Smith Creek, Howe Creek, Lords Creek, Ness Creek- Tellairs Creek, and Everet Creek Cape Fear River Basin C SW; SA HQW4•; SA ORWti'; SC SW C'] See attachd draft permit See Part V, Section A of the attached draft permit ' Z Not applicable y Not applicable c 1.)eccrllber 17, 2004 NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: I3ased on the documents reviewed, the application information submitted on March 06, 2003 and additional information received on August 5, 2004 is sti'fFient to issue an Individual Stormwater Permit. ? ? ? Prepared by (Signature) f 1� Date Stormwater and General Permits Supervisor /Au Date J ! 8� Zoo Concurrence by Regional Office 4 _ Date 7�y Water Quality Supervisor 1�� �,. /(� i(.._A,�t�, s�J'Z Date Q O 4-r t 1 LU r`T 0 r-'x t_Y T/11V V_ C S S t I3 C L_ t17-5 P,R� 5. Z T` 1 S CJ h C�1r� 4-t i C rL—r L S 1 S T—t 1 *"* Cn F C t`] �L'�it.nn t rt NCDENR N. C. Division of Water Quality 1617 MA Service Cenicr Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 Revional Office Staff Continents Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, Y.E. Director Division of Water Quality November 17, 2004 Mr. Jeff Phillips Stonnwater Administrator Brunswick County 179 March 9, 1764 Drive P.O. Box 249 Bolivia, NC 28422-0249 Subject: NPDES Permit Number NCS000432 Brunswick County Draft Permit Review Dear Mr. Phillips, Enclosed you will find a copy of Brunswick County's draft stormwater permit for your review. If there are any comments you would like to make about this draft permit please get them to my attention by December 10, 2004 and I will incorporate any changes in the draft before it goes to public notice. You will also have additional time to comment when the permit goes to public notice in mid December. If you have any questions about this permit you can contact me at (919) 733-5083, Ext. 578. Sincerely Aisha H. Lau Environmental Engineer Cc: Stormwater Permitting Unit One NpoiCarolina Nrrtura!!II North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (9t9) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper 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 11, 2003 Jeff Phillips Stormwater Administrator Brunswick County Post office Box 249 Bolivia, North Carolina 28422-0249 Subject: NPDES Phase II Stormwater Program Application for discharge permit Application Number NCS000432 Brunswick County Jeff Phillips: 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 10, 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 NCS000432. 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 NCiDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 Customer Service 1 800 623-7748 State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd 03 -1 La — 03 Fee Paid s Permit Number N .so%�13z NPDES STORMWATER 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 M54 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 a. Name of Public Entity Brunswick County Seeking Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, County town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Brunswick f. Jurisdictional Area (square 855 sq. miles miles g. Population Permanent 73,143 (2000 US Census Seasonal (if available) 179,000 (estimated) h. Ten-year Growth Rate 43.5% i. Located on Indian Lands? ❑ Yes 121 No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 791 sq. miles b. River Basin(s) Lumber, Cape Fear c. Number of Primary Receiving Streams 241 stream segments listed by NCDENR BIMS database. d. Estimated percentage of Jurisdictional area containing the following four land use activities: • Residential 15 • Commercial 8 • Industrial 3 • Open Space 74 Total = 100% III' 11 e. Are there significant water quality issues listed in the attached application report? 21 Yes ❑ No !� `l MAR 10 2003 L _ Page 1 SWU-264-103102 ti NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes 0 No b. Local Water Supply Watershed Program 0 Yes ❑ No c. Delegated Erosion and Sediment Control Program ❑ Yes 0 No d. CAMA Land Use Plan 0 Yes ❑ No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with El Yes No a permitted Phase I entity? 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 ❑ No 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 ❑ No 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? 0 Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC DENR — Division of Land Quality • Element they will implement Construction Site Runoff Control • Contact Person F. Mell Nevils, PE, CPESC • Contact Address 1612 Mail Service Center, Raleigh, NC 27699-1612 • Contact Telephone Number (919) 733-4574 c. Are legal agreements in place to establish responsibilities? El Yes [I 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 Jeff Phillips has been delegated b. Title/position of person above Stormwater Administrator c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 5WU-264-103102 NPDES RPE Stormwater Permit Application 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 direcW 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. Signature Name Mr. Marty Lawing Title County Manager Street Address 45 Courthouse Drive, Bldg. E PO Box P.O. Box 249 City Bolivia State NC Zip 28422-0249 Telephone 910 — 253-2000 Fax 910 — 253-2022 E-Mail admin@brunsco.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 Jeff Phillips b. Title Stormwater Administrator c. Street Address 179 March 9, 1764 Drive d. PO Box P.O. Box 249 e. City Bolivia f. State NC g. Zip 28422-0249 h. Telephone Number 910 — 253-2500 i. Fax Number 910 — 253-2704 j. E-Mail Address jphillips@brunsco.net Page 3 NPDES RPE Stormwater Permit Application 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 Management Program b. UIC program under SDWA WQ0003597, WQ0017234, WQ0019702, WQ0022167, WQ0016854, WQ0022334, c. NPDES Wastewater Discharge NCO040061— Beaverdam Crk. WTP Permit Number NCO057533 — Hood Crk. WTP NC6550857 — Town Crk Park NCO086819 — NE Brunswick WWTP d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for 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 section 404 of CWA Page 4 SWU-264-103102 Review of Brunswick County's Phase 11 Application, NCS000432. Initial Review This application had all of its necessary parts. Brunswick County drains to the Lumber and Cape Bear River Basins. "There are 241 stream segments listed in the county with most of them being B SW or C SW waters. There are also SC, WS-IV,SA FIQW waters in the county. The Stormwater Administrator is responsible for over 95% of the BMP's mentioned with the Stormwater Inspector and County Manager being responsible for l BMP each. 7.1 Public Education and Outreach 1) Develop Website —Brunswick County will develop and maintain a Stormwater website. Years 1. through 5. 2) Educate Children — Brunswick County will assist in hosting youth water and environmental stewardship workshops. Years 2 through 5. 3) Educate Homeowners —The county will distribute new resident information packages to anyone moving into the county. The county will also broadcast public service announcements on cable TV and distribute Stormwater BMP leaflets. Years 3 through 5. 4) Educate Businesses— Brunswick County will conduct business and developer community workshops. Years l through 5. 7.2 Public Involvement and Participation X) Comply with open mceting laws —Brunswick County will continue to discuss Phase 11 requireinents and implementation at regularly scheduled public meetin(,s. Years through 5. 2) Community Involvement —Develop a storm drain marker program and conduct annual surface water clean up, Big Sweep. Years l through 5. 7.3 Illicit Discharge Detection and Elimination 1) Storm Sewer Mapping; — 1runswick County will complete mapping of the county's storm sewer system and its outfalls over the five years of the permit, beginning in the highest priority areas. Years l through 5. 2) Inspection and Enforcement to Identify and Eliminate Illicit Discharges - Brunswick County has developed and is enforcing an ordinance to prohibit illicit discharges to the storm sewer system. Years I through 5. 3) Inspection of MS4 to Detect Dry Weather I, Iows — The county Will per1-01,11 illicit discharge SLn'veys, dry weather screening, onsite sewage inspection and ambient monitoring in years 2 tllt'ough 5. 4) Cross -"Training Staff for Detection and Reporting; of Illicit Discharges —The county will train stormwater staff on procedures for investigating illegal discharges and equipment use. Years 2 and 4. 5) A Means for the Public to Report Illicit Discharges —The county wi11 establish a . 365-day/24-hour environmental concerns hotline in years l through 5. 7.4 Construction Site Stormwater Runoff I ) Locally Administered Sedimentation and Erosion Control Program —Brunswick County relies on the NC Division of [and Resource's Erosion and Sediment Control Program. 2) Means for Public to Notify Appropriate Authorities When Erosion and Sedimentation Problems Observed --The county is developing a 24-hour hotline. 7.5 Post Construction Stormwater Management 1) Develop a Local Post Construction Ordinance a) Permit for development under low or high density options or implementation of watershed protection plan — Brunswick County will be developing watershed master plans for its highest priority watersheds. b) Long term operation and maintenance of structural BNIPs — This is a part of the existing ordinance. c) Specific measures for protecting SA, Tr, or NSW waters —These will be incorporated into the ordinance once it's a permanent rule. 2) Develop a Fecal Coliform Control Program With Local Health Department. -- The county will develop this after the rules are finalized. 3) Education For Regulated Community —The county will develop and implement a program to educate developers about program requirements. 7.6 Pollution prevention and Good Housekeeping for Municipal Operations 1) Training for Staff in Pollution Prevention and Good Housekeeping — County staff will be trained in pollution prevention and proper disposal of wastes. 2) Listing of Facilities with the Potential for Generating Polluted Stormwater Runoff — There were five facilities listed. One general maintenance area and four small wastewater treatment plants. 3) Inspection and Evaluation of Municipal Operation and Correction of Problems —The county will develop a pollution prevention plan for its government complex and use it as a model for the other county facilities. 4) Compliance with NPDES Stormwater Permits at Municipal Sites — The county didn't require any NPDES Stormwater permits. . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 1 1 /G/2002 13RUNSWICK COUNTY MR. MARTY LAWING , BRUNSWICK COUNTY MANAGER POST O F10E SOX. 249 1301-IVIA , NC 28422 Subject: NPDES Phase 11 Stormwater Program Mr. Marty Lawing : In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water runoff. The Phase 11 prograrn expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase 11 Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. We are writing to you to remind you that Brunswick County has been identified as being located within a census designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that Brunswick County does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is March 10, 2003. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site . Our web address is http://h2o.enr.stnte.nc.tis/su/stor►nwater.Iitml. You may also contact its for hard copies of the documents. It' you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren E ngEand (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Filcs Wilmington Regional Office ern NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1. 800-623-7748 State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec'd Division of Water Quality BIMS Cert. Number STORMWATER NON -OWNERSHIP I NON -OPERATION CERTIFICATION FORM This form is for use by Regulated Public Entities (RPE), pursuant to Title 15A North Carolina Administrative Code 2H .0126, to certify that they do not own or operate a small MS4. I. APPLICANT STATUS INFORMATION Name of Regulated Public Entity Brunswick County, NC Status (federal, state, public, or other Local (public) Type of Public Entity (city, town, county, prison, school etc. County County(s) Brunswick RPE Jurisdictional Area in square miles 896 II. OPTIONAL PERMITTING OPPORTUNITIES Are you exercising your option to apply for a NPDES Stormwater Discharge Permit? If yes, submit this form along with a complete application package (Form ❑ Yes ® No SWU-264 and a Comprehensive Stormwater Management Program Report). Are exercising your option to apply for Permit by Rule status? If yes, submit this ❑ Yes ® No form along with a completed form SWU-267 III. SIGNING OFFICIAL'S STATEMENT I certify, under penalty of law, that the Regulated Public Body listed in Section I of this document does not currently own or operate a small municipal separate storm sewer system, as defined in 40 CFR 122. I further certify 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. Signature Print Name ilfips Title County Engineer (Stormwater Administrator) Street Address 20 Referendum Drive NE PO Box 249 City Bolivia State NC Zip 28422 Telephone (910)253-2500 Fax (910)253-2704 E-Mail jphillips@brunsco.net SWU-266-103102