HomeMy WebLinkAboutBRUNSWICK_COMPLETE FILE - HISTORICAL_20060412-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_
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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
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(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�
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(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
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objectives of the Public Involvement and Participation Program► d shall,notify the Division prior to
modification of any goals.. r
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(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
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Measurable Goals
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(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