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CLEVELAND_COMPLETE FILE - HISTORICAL_20091021
-STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000 DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑ (� l C YYYYM M DD f VA NCNR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 21, 2009 David Dear, County Manager Cleveland County Administration Building 311 East Marion Street Shelby, North Carolina 281S1 Subject: NPDES Phase II Stormwater Program State Designation Process Cleveland County Dear Mr. hear: Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and the potential implications for your community_ Included With -this -letter documentation with background information on the NPDES Municipal Stormwater Program. Under the provisions cited above, one or more communities inside your county. (Shelby) have been identified for consideration under the state designation procedures. Should any of those communities be designated, areas surrounding those entities may be delineated as "regulated coverage areas," subject to post-construction.stormwater requirements of the Session Law. We are notifying you because all of or portions of your jurisdiction are inside this candidate coverage area. Please note that this does not mean any of the communities has been designated at this point. Various pieces of information, including public and community input, will be considered before making final decisions on state designations. Public notice of potential designation and delineations will be given, and comments on potential designation will be accepted through November 30, 2009. For more information, visit: http://h2o.enr.state.nc.us/su/stormwater.html 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX 919-807-64921 Customer Service: 1-877.623-6748 Internet: www.ncwatergval'dy.org An Equal Opportunity 1 Affirmative Action Employer One NonhCarofina Aaturally If you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or T ,mike.randall@ncdenr.gov, or Bethany Georgoulias at (919) 807-6372 or bethanV.georgoulias@ncdenr.gov. Sincerely, Coleen H. Sullins cc: Bill McCarter, Planning Director Central Files Stormwater and General Permits Unit Files Mooresville Regional Office I " % f :llqnhqro Comm unities Consideration onsideration for Phase 11 Designation Cher F_ F 5�) Wngsta%rL kM S _2j e-1, T k t ZAII A Legend Z P I;n pai red Waters (20 06 30 3(d) List) W, Streams proposed to be added to the 303d List Major Roads ir rN, Roads Primary Streams ad:. Phase 2 Designation Candidate Phase II NiSls (from 2008 Boundaries) f M uni d pal M es (2008 Boundaries) Z, Water Supply Watersheds Phase II M S I s (tom 2008 Boundaries) Potential sphere of influence coverage around Phase II Tipped Counties (P ost -C onst ruction) designation candidates drawn per Session Law 2006-246 Counties based on the 2000 Census Data I jng 10untali 1 0.5 0 1 11 . . . Miles 9 9bg NCDEN North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2009 Mayor Clarence Withrow Town of Kingstown 1809 Madison Avenue Charlotte, North Carolina 28216-5414 Natural Resources Subject: NPDES Phase li Stormwater Program State Designation Process Town of Kingstown, Cleveland County Dear Mr. Withrow: Dee Freeman Secretary Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and the potential implications for your community. Included with this letter is documentation with background information on the NPDES Municipal Stormwater Program. Under the provisions cited above, one or more communities nearby (Shelby) have been identified for consideration under the state designation procedures. Should any of those communities be designated, areas surrounding those entities may be delineated as "regulated coverage areas," subject to post -construction stormwater requirements of the Session Law. We are notifying you because all of or portions of your jurisdiction are inside this candidate coverage area. Please note that this does not mean any of the communities has been designated at this point. Various pieces of information, including public and community input, will be considered before making final decisions on state designations. Public notice of potential designation and delineations will be given, and comments on potential designation will be accepted through November 30, 2009. For more information, visit: http://h2o.enr.state.nc.us/su/stormwater.html 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 011C Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 No1-thCarol1n a Internet: www.ncwalenauality.org ,/'}tr�j�����l//� An Equal Opportunity Y Affirmative Acton Employer y �/ sr � If you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or mike.randall@ncdenr.gov, or Bethany Georgoulias at (919) 807-6372 or bethany.Reorgoulias@ncdenr.goy. Sincerely, f Coleen H. Sullins cc: Gloria Haynes, Town Clerk/Council Member Joni Smith, Town Attorney Central Files Stormwater and General Permits Unit Files Mooresville Regional Office -,' - ""- l f L ." t.: -1' X` r• sc 'SN `• i .J a, y 'f F Q� ^4 } ,v„- i [PSG. d , .' f =,'J = • :��- � - - I ' �- .,, ,gip- 5,.�� • .�,.y��„r � r�.,.� � ' ��� � •,,,., ,rtr r�,� � .�x� }__-,"fit 1 Communities for.Cnsiderat�on for Phase Il Designation ` 1 H ESile �'-z +' i t ..3.+' -::� �• tv it ,3'_ - �J! i � �'tts� � `s � - =r-:-�._3'r�'3'Y. - t. ' �.;. �tif �� s. .CeCrl ' ,• .�' i J - (" `%t's,+ �i �n .1 rz r'.� � � sr E � it's' � � �- k rii'L a . iif T ---� `.. y` �•. i �r 3 `ate- N a r emu: tip t LJ'�_ T•. F 1 _4 2 f5 f tc ^� ffi �J�J�}ryI, r• ? ` e` ti 4 T -cv ti`^ t ,,�- 42 ,� , r�Y •F :�,j � mot$ �... ai f---��� :.�,�. w?a rr k t"* E born t ice} az ;. i r� '3 �""r gal t"�. H'Y.r. .t.r r?t ,•f ..._ - ; ,w,a7': I i ' �• �,� 44'^ kk?���...t�-�� ,r /y I tm. e`r" L$ttL iTF CCe4� 'y its- 4i: ^ x..�U r• sT`3y- � '^" i f�.n, � �. , t „, 4i1 ' )j�, r' y. 1 af. { t i =.f. _ 3.E�i� � iti<loore (3r0 s o L.'`C £ `�• , � � .r a .� r--„s s Z�-'.^+'F'4'+� t - � � b.c}� x ra- � � x •t, ser S � d - ok C 11 i IN SA R v - 4'•w .Kd y:.. �"` 1, -� 4-� ��e? + t ? Y `F '4 FJ•.1 ,-f�� ;` Z + -e t-Y A3. s� f-.r�..3`xry,� •,, ,s� � ,?.-."rt �-..;j � uy�t-u-�•E., �W' i�` � 4iy �,y'�i sc.�it- � L �}✓ �*'j- �, ; { Legend '>� `� S sPattersan Sgringsr Impaired Waters (2006 303(d) List) � Stream s proposed to be added to the 303d List ir'r —.' Major Roads i Roads Prim ary Streams - ;�?. Phase 2 Designation Candidate Phase ll b1Sls(from 2008 Boundaries) �s ; Municipalities (2008 Boundaries) .' Water SupplyWatersheds Phasell MS1s(from 2008 Boundaries) potential sphere of influence coverage around Phase 11 Tipped Counties (Post -Construction) designation candidates drawn per Session Law 2006-246 CJ counties based on the 2000 Census Data M©urLta ti IV 10/6i�1009 Miles Beverly Eaves Perdue Governor .._�A. ®®�� ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen M. Sullins Director October 21, 2009 Mayor Alton Beal Town of Lattimore Post Office Box 432 Lattimore, North Carolina 28089 Subject: NPDES Phase II Stormwater Program State Designation Process Town of Lattimore, Cleveland County Dear Mr. Beal: Dee Freeman Secretary Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and the potential implications for your community. Included with this letter is documentation with background. info rmation.on the NPDES Municipal Stormwater Program. Under the provisions cited above, one or more communities nearby (Shelby) have been identified for consideration under the state designation procedures. Should any of those communities be designated, areas surrounding those entities may be delineated as "regulated coverage areas," subject to post -construction stormwater requirements of the Session Law. We are notifying you because all of or portions of your jurisdiction are inside this candidate coverage area. Please note that this does not mean any of the communities has been designated at this point. Various pieces of information, including public and community input, will be considered before making final decisions on state designations. Public notice of potential designation and delineations will be given, and comments on potential designation will be accepted through November 30, 2009. For more information, visit: http://h2o.enr.state.6c.us/su/stormwater.html 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919.807-63001 FAX: 919-807-64921 Customer Service:1-877$23-6748 NOrtl1 Carol i n a Internet: mwm.ncwaferquality.org '� 1����� /"/� An Equal opportunity 1 Anrmative Action Employer i �/ If you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or A. mike.randall ncdenr, ov, or Bethany Georgoulias at (919) 807-6372 or bethan eor oulias ncdenr. ov. 1� Sincerely, �J $tit ✓" Coleen H. Sullins cc: Patricia McSwain, Town Clerk Central Files Stormwater and General Permits Unit Files Mooresville Regional Office i -" ✓'v + ?s"+ ' yrxl ?_a w aY, ri" fiszr�Yfxiz �.��'��s � s d ryf , Comm unities f o r, Consid rat ion fo r ase !i Desig nation • 'Y -'{,� � i" a ..' ♦ ,- � �-- t riF ' yiP"e4 ��Y� 5 .+' '�. _ 1.-F3. �=�"'{�G����s��s'C� . _ �"F('.'� y` ,� - . �; I ~ ;%� _. !f J"y,-� = e i � Y'^� .r �"... i[' ra'"'' ai i!� L'. '4 s`�. - a� `�' x•�`r ... t1 Z i ` - '' '� � Y F F k k 4� ' . 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Leg end „' ;� '��` ila ..� Patte?sori{Spnngs Impaired Waters 2006 303 d List p - ( () ) .fitrs't odd fiver ,.}� +�.•,I �,�-Nd ��� `��' - - �, ,1 �`'�'-_-�-' Streams proposed to be added to the 303d List -�r�r• Major Roads i Roads i Prim aryStreams .-�� Eater}. - `�4 Phase 2 Designation Candidate Phase II MSIs(from 2008 Boundaries) f, Municipalities (2008 Boundaries) Water SuppEyWatersheds —' — r a' y�.Grnver;' Phase II MSIs(from 2008 Boundaries) potential sphere of influence coverage around . ' Phase II Tipped Counties(Post-Construction) designation candidates drawn per Session Law 2006-246 Counties based on the 2000 Census Data 7 JR it N I`Is' �'1L �� ti Ld 1 �`.1"ate ;:1=.^ :-: Miles 10/6 Zfl09 "} r. MAO NC®ER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2009 Mayor Bobby Biggers . Town of Patterson Springs 123 Biggers Road Grover, North Carolina 28073-9795 Subject: NPDES Phase II Stormwater Program State Designation Process Dee Freeman Secretary Town of Patterson Springs, Cleveland County Dear Mr. Biggers: Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and the potential implications for your community. Included with this letter is documentation with -background information on the NPDES Municipal Stormwater Program. Under the provisions cited above, one or more communities nearby (Shelby) have been identified for consideration under the state designation procedures, Should any of those communities be designated, areas surrounding those entities may be delineated as "regulated coverage areas," subject to post -construction stormwater requirements of the Session Law. We are notifying you because all of or portions of your jurisdiction are inside this candidate coverage area. Please note that this does not -mean anv of the communities has been designated at this point. Various pieces of information, including public and community input, will be considered before making final - decisions on state designations. Public notice of potential designation and delineations will be given, and comments on potential designation will be accepted through November 30, 2009. For more information, visit: http://h2o.enr.state.nc.us/su/stormwater.html 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-6492 1 Customer Service: 1-877-623-6748 No tt 1 Caro"I l n a Internet: www.ncwaterqualityorg i�y1 r An Equal Opportunity S Affirmative Action Employer A�} t u Qbl ff If you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or mike. randall ncdenr. ov, or Bethany Georgoulias at (919) 807-6377 or bethany.georgoulias@ncdenr.gov. Sincerely, v'/1 Coleen H. Sullins cc: Susan Biggers, Attorney Central Files Stormwater and General Permits Unit Files Mooresville Regional Office -- ,l .F-� -r Y F . ri�'g `, r .,,` Sb. .ca. dY r f' +�:•Yr,�„1s. ya..�, -; r �k�� r =yl-`-�-'•� t �-,-=..:53 � .��.'_'�.-•�:.Ar'i`�. �Comm6nitiesfor.Consideraiion for Phase {{ Des natio��E Ms-tY' �I t - r ..c 11�.T_1i " s-_� ' i n 9" ' `� w w ry ..i. S-+ � 13 t � L �. �'• 1 ' s. �4 t hY I t I L. { F� '3s F e � � U ` '•+.F' =C r- � 1 �ay,y. 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"_�'`.•s""`+1' _ i bL ']!�•� { r k � ¢.{,a4 r„t. •Y �`�•^ix a,�ySz.: s�a.s - � j i x .7+.'�.�� � � >u�t5 � .', •'.tr' ':� - i�t `•' G..4.u�,� -Fw':; � ��.q�..:�{ '� a,._ f t .� _ -'€ St^, 2yI-.r i 5.. _:..f ^r' i .`'�x c+i f �., ��1L�.. a t _\ ar ..�{•'' ,J �. .: i�,. ,r `k-t ,f�.� z Y"�'., ` 5 _ • 1y Y= � � �,��' � �. �z T �1.1^-�� f,, ay" �`fi 4�L a ae f� �c { �,,_ � �.. - s -)� f.�.iT�`fi" ^_'` "^ �' � y� ����.rt �¢� y. .. _ ` _ ;�. I� r '':4.ZY� 3c :��' �..�-��?�`-3••�,� ` � � l+` '`�"�"�'^f. wr' � a.?F�}.��•r •nip}+'� '�-'` ���i �-� '� � - - Vi�'�� �gy"t`��`' � �_ � _ � . ' �- µy�'�S','" +�� � � � jt7 a _ fJa'1�1 w �'k yt'. :v � ' ,�, �'� t•��`'��; f r� � � .�,+"�,' :,'eye. a:s � �. �,,' -;, r 5 ;_ f =�.._ , i�^:�.. -s`-.. � _ .r. t.,.. �t'�'.'S_'�-.'fi'�:. - _. rn a.� •�., ...��'�._ _ a.u�:-'�. ?Z�,: ,:a�n� r °��+.� nsL`� a .��r: .a o, ,�� 1`. _ �- - �.n�s;',.«r� 'Sri.:•,.�cs�'�•��.:r:�'--•".�.•:�.�==`�tn,-:wYi-r�+�'r 4. "'r=.i - 2- ;, "� re �� .a--'^i� p.rc=. _'} c :�st, v .__ _-»�,.,�n ii y' i sf �d. Legend--;��.� rr air T8 t+ 4 '''' ✓ i Cam` �n .t' ; Impaired Waters (2006 303(d) List) r'�rsr � �ri.�,�. } � 1-t � �� x �� •'^�"� _ � j � "°' r Streams proposed to be added to the 303d List— ��r' �,..-sue •*� 1 � - i i Major Roads — Roads ~� 1 r zXi Prim ary Streams �' ��"Eadf Phase 2 Designation Candidate Phase I I rl(from 2008 Boundaries) f r tj • `�` �ti,l 'r Municipalities (2008 Boundaries) Water SuppiyWatersheds Phase I I MSis(from 2008 Boundaries) Potential sphere of influence coverage around Phase II Tipped Counties (Post -Construction) designation candidates drawn per Session Law 2006-246 [� counties based on the 2000 Census Data NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2009 James Howell, City Manager City of Shelby Post Office Box 207 Shelby, North Carolina 28152-0207 Subject: NPDES Phase II Stormwater Program State Designation Process City of Shelby, Cleveland County Dear Mr. Howell: Dee Freeman Secretary Pursuant to Sessiori'Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and.the potential implications for your community. Included with this letter is documentation with background information on the NP.DES Municipal Stormwater Program. Under the provisions cited above, your community has been identified for consideration under the state designation procedures. Please note that this does not mean your community has been designated at this point. Various pieces of information, including public and community input, will be considered before making final decisions on state designations. Public notice of potential designation will_be-given,_and_co.mments-on potential designation will be accepted through November 30, 2009. For more information, visit: http://h2o.e,nr.state.nc,us/su/stormwater.html If you have any -questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or mike.randall@ncdenr.gov, or Bethany Georgoulias at (919) 807-6372 or bethany.georg_oulias@ncdenr.gov. Sincerely, Coleen H. Sullins cc: W. Alexander, Mayor Bernadette Parduski, City Clerk Robert Yelton, Attorney Central File's Stormwater and General Permits Unit Files Mooresville. Regional Office 1617 Mail Service Center, Raleigh, North Carolina 276991617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 91U07.63001 FAX:91H07-64921 Customer Service: 1-877-623-6748 Internet: www.ncwate;quality.org An Equal Opportunity 1 Affirma6ve Action Employer olle NoahCar'olina �aturatly Communities for Consideration for Phase II Designation ' °` •i " .. €.ni °:ate .e 3.. "4e ,� gar �- � �, � J f ,� 1 (^ .�.,,.., v t aq, au,, m 5w 't si,dF#aZ a✓ 3 "` :� i ?- -• I'�y,,.,�,tkd'` E'°,"""y�� 'sm},a3`Ery� _ x°q='`+��. s `:�"� y d s�'-3 µ ''.v � ,.,` x -��$q'�:a i♦ 41 !'1 fj��si7x��,..E�'•�2T2cr?s°R'.i..,r^'...�:.'_"�,''. Legend Impaired Waters (2006 303(d) List) Streams proposed to be added to the 303d List Major Roads Roads Prim ary Streams Phase 2 Designation Candidate a ; Phase II MSls (from 2008 Boi ndaries) t4lunidpalities (2008 Boundaries) Water SupplyWatersheds l Phase II MSIs(trom 2008 Boundaries) ;s Phase I I Tipped Counties (Post -Construction) Counties 10y Potential sphere df influence coverage around designation candidates drawn per Session Law 2006-246 based on the 2000 Census Data .-P 0 1 0.5 0 1 Miles NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2009 Zach Trogdon, Town Manager Town of Boiling Springs Post Office Box 1014 Boiling Springs, North Carolina 28017-1014 Subject: NPDES Phase II Stormwater Program State Designation Process Dee Freeman Secretary Town of Boiling Springs, Cleveland County Dear Mr. Trogdon: Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities related to state designation of public entities under the National Pollution Discharge Elimination System (NPDES) stormwater program and the potential implications for your community. Included with this letter is documentation with background information on the NPDES Municipal_Stormwater-P-rogram.-Under-the---------------- T provisions cited above, one or more communities nearby (Shelby) have been identified for consideration under the state designation procedures. Should any of those communities be designated, areas surrounding those entities may be delineated as "regulated coverage areas," subject to post -construction stormwater requirements of the Session Law. We are notifying you because all of or portions of your jurisdiction are inside this candidate coverage area. Please note that this does not mean any of the communities has been designated at this point. Various pieces of, information, including public and community input, will be considered before making final decisions on state designations. Public notice of potential designation and delineations v�ill-be given, and comments on potential designation will be accepted through November 30, 2009. For more information, visit: http.{/h2p.enr.state.nc.us/sulstormwater.html 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 North Carol i n a Internet: www.ncvraferquality.org �j ��xi,N� //� An Equal Opportunity 1 Affirmative Action Employer � �/ `KL l P y if you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or ' mike.randall@ncdenr.gov, or Bethany Georgoulias at (919) 807-6372 or bethany.georgoulias@ncdenr.g_ov. Sincerely, Coleen H. Sullins cc: Max Hamrick, Mayor Kim Greene, Town Clerk John Schweppe, Town Attorney Central Files Stormwater and General Permits Unit Files Mooresville Regional Office (A' � KTP� __1 11 Designation �A'Jtl!wlifl_�� , 01 Comm U n ti ? t A z: e n, AI. - 4c� t R-u-t-0 4Y f r�c I or6 . i 7 ;�t,-., _RE 4 11enb P=F C" .5h Y Z M, amrson springsJt Legend A Impaired Waters (2006 303(d) List) W. Stream s proposed to be added to the 303d List Major Roads f Roads Prim ary Stream s JF_,7 Earl Yw Phase 2 Designation Candidate Phase 11 MSI,(from 2008 Boundaries) Municipalities (2003 Boundaries) Water Supply Watersheds Phase II MSIs (from 2008 Boundaries) Potential sphere of influence coverage ___d Phase 11 Tipped Counties (Post -Construction) designation candidates drawn per Session Law 2006-246 Counties based on the 2000 Census Data t01 1 0.5 0 1 "_MORFQ�to fifes Background NPDES Information In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relics 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 S acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999, and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase 11 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. North Carolina is an EPA delegated state for the federal NPDES program and implements this program through the -Division of Water Quality (DWQ). A small MS4 becomes part of the Phase 11 program in one.of three ways: .1) Automatic designation, �ti r _.:..._,w......... • . 2) Petitioning, . ,.. 3) TMDL designation or 4) State_ designation Automatic designation, Automatic designation under the federal program applies to areas defined as an -Urbanized Area by the U.S. Census Bureau: The deFinitiori of'an Urbanized Area is complex; but in general terms it is any local government or group of local governments that combined have a population of 50,000 and a density of 1,000 people per square mile. Based on the most recent census data, there are 17 Urbanized Areas in North Carolina. These areas include 123 cities and,33 counties for automatic designation. Under the automatic designation process, permits have been issued to over 100 municipalities and some counties. ' Petitioning , Petitioning is the third mechanism for inclusion -of -small MS4s into the Phase II program. Under this option, anyone can petition DWQ to cover a local government under a Phase I I.. permit if there are significant water quality concerns associated with that community. Affected communities are notified when a petition is received. DWQ will allow for public . input and decide whether the community should be in the program. TMDL Desi nation The State shall designate an owner or operator of a small municipal separate storm sewer system (MS4) as a regulated entity if the municipal separate storm sewer system (MS4) is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. § 1313. State Designation The federal regulations require state implementation agencies to develop state designation criteria to screen communities outside of Urbanized Areas to determine if they should be subject to Phase H. Under the state's designation criteria, the state must identify municipalities .outside the Urbanized Areas as a candidate for designation as a regulated entity if the municipal separate -storm sewer system (MS4) either: ➢ Discharges storrwater that has the potential to adversely impact water quality. An adverse impact on water quality includes any activity that causes or contributes to a violation of water quality standards, including, but not limited to, any activity that impairs designated uses or that has a significant biological or habitat impact, or ➢ That has either a population of more than 10,000 or more than 4,000 housing units and either a population density of 1,000 people per square mile or more or more than 400 housing units per square mile. Waivers, Exemptions and Certification of Non -Ownership Population of less than 1,000 Pursuant to Senate Bill 1210 and 40 CFR 122.32, municipalities with a population of less than 1,000, are not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an iinpairment of State waters, as determined under the requirements of 33 U.S.C. § 1313(d). The State inay waive the requirements otherwise applicable to the municipality if the municipal separate storm sewer systern (MS4) serves a population of less than 1,000 within the urbanized area and they meet theJollowing criteria: Their system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES storm water program; and If they discharge any pollutant(s) that have been identified as a cause of impairment of any water body to which they discharge, storm water controls are not needed based on waste load allocations that are part of an EPA approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. The [Name of the Public Entity] (population number) is requesting their permit, [Permit No.] be rescinded and be grantee{ a waiver pursuant to Senate Bill 1210 and 40 CFR 122.32. Existing municipal programs in place ensure [Name of the Public Entity] operations and activities are not Pj contributing substantially to the pollutant loadings of the water bodies to which it drains. The [Name of the Public Entity] does not drain to water bodies that do not meet water quality standards or which have impaired uses at this time. Attached are A list of the waters, including small streams, tributaries, lakes, and pondsjhat receive a discharge from the MS4 and 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 and A suinmary of exiting municipal programs in place to ensure operations and activities are not contributing substantially to the pollutant loadings of the water bodies to which it drains. If circumstances change [Name of the Public Entity] will seek coverage under an NPDES permit. For populations less than 10,000 Pursuant to 40 CFR 122.32, the State may waive the requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the following criteria: The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 and has determined that storm water controls are not needed based on 'wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern. The pollutant(s) of concern include biochemical oxygen demand (1301)), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the MS4; and The permitting authority has determined that future discharges from the MS4 does not have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. The [Name of the Public Entity] (population number) is requesting their permit, [Permit No.] be rescinded and be granted a waiver pursuant to 40 CFR 122.32. The [Name of the Public Entity] has evaluated the waters, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 and has determined that storm water controls are not needed based on waste load allocations that are part of an EPA approved or established TMDL. The [Name of the Public Entity] has determined that"future discharges from the MS4 do not have the potential to result in exceedances of water quality standards, including impairment of designated.uses, or other significant water quality impacts, including habitat and biological impacts. Existing municipal programs in place ensure [Name of the Public Entity] operations and activities are not contributing substantially to the pollutant loadings of the water bodies to which it drains. The [Name of the Public Entity] does not drain to waterbodies that do not meet water quality standards or which have impaired uses at this time. Attached are: • 'The results of our evaluation, • A list of the waters, including small streams, tributaries, lakes, and ponds, that receive a discharge from the MS4 and information on the receiving streams, including receiving 3 stream name, stream segment, water quality classification, use support rating and if known, any water quality issues including threatened and endangered species, and A summary of exiting municipal programs in place to ensure operations and activities are not contributing substantially to the pollutant loadings of the water bodies to which it drains. If circumstances change [Name of the Public Entity] will seek coverage under an NPDES permit. Stormwater Non-ownership/Non-operation Certification Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification on January 12, 2004, constitutes notice that [Name of the Public Entity], identified in Section 1, does not own or operate a small MS4 as defined in 40 CFR 122. By signing and submitting Form SWU-266, the signing official is certifying that [Name of the Public Entity]does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR 122 and therefore is not currently required to complete and submit a permit application for an.MS4. Implementation of State Designation The state designation process is implemented in accordance with the schedule for Basinwide Plans. A list of public entities identified in each basin reviewed this year is provided below. To the extent possible, publication of this list will be coordinated with public notices issued through basinwide planning efforts. All public entities identified will be notified in writing by DWQ. As part of the public process, DWQ will accept public comment on the consideration of each identified entity. A final determination on designation for each of the listed public entities will involve review of the evaluation criteria, review of public comments received, and review of the effectiveness of any existing water quality protection programs. Where a public entity is designated under state designation, DWQ will notify the entity of its designation for stormwater coverage in writing. This notification will outline the basis of the designation and.the date on which the application for a Phase II National Pollutant Discharge Elimination System (NPDES) permit for sto,rmwater management must be submitted. 4 Permit Standards To obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management, an applicant shall, to the extent authorized by law, develop, implement, and enforce a stormwater management plan approved by the Commission that satisfies the six minimum control measures required by 40 Code of Federal Regulations § 122.34(b) (1 July 2003 Edition). The evaluation of the post -construction stormwater management measures required by 40 Code of Federal Regulations § 122.34(b)(5) (1 July 2003 Edition) shall be conducted as provided in Session Law 2006-246, Section 9. Public Entities Identified for Possible Designation in 2009 Possible public entities to be designated based on either: ➢ Housing Units (over 4,000) and at least 400 housing units per square mile, ➢ Population (over 10,000) and population density (1000 persons per square mile), ➢ Stormwater discharges that have thepotential to adversely impact water quality, or ➢ Listed by name as a source of pollutants for urban stormwater in a_total maximum daily load (TMDL) implementation plan.. Population estimates from either 2006 or 2007 are noted, depending on when DWQ performed the initial screening. Broad River Basin FOREST CITY Housing Units (2000 Census): 3,638. Potentially more than 4,000 by now. Estimated Population (2006): 7,283 Housing Unit Density: 444 Housing Units / Square Mile RUTI-iERFORDTON Housing Units (2000 Census):1,765 Estimated Population (2007): 4,115 Potential stormwater discharges to impaired waters SHELBY Housing Units (2000 Census): 8,853 ` Estimated Population (2006): 20,876 Population'Density: 1,023 persons per square mile Housing Unit Density: 434 Housing Units / Square Mile Potential stormwater discharges to impaired waters SPINDALE Housing Units (2000 Census): 1,887 Estimated Population (2007): 3,858 Potential stormwater- discharges to impaired waters . � 5 Chowan and Pasquotank River Basins ELIZABETH CITY. - Housing Units (2006 Census): 7,463 Estimated Population (2007): 19,837 Population Density: 1,984 persons per square mile Housing Unit Density: 746 Housing Units / Square Mile KILL DEVIL HILLS Housing Units (2000 Census): 5,302 Estimated Population (2007): 6,820 Housing Unit Density. 947 Housing Units / Square Mile Potential stormwater discharges to impaired waters NAGS HEAD Housing Units (2000 Census): 4,149 Estimated Population (2007): 3,113 Housing Unit Density: 619 Housing Units / Square Mile Potential stormwater discharges to impaired waters Neuse River Basin BENSON Housing Units (2000 Census): 1,364 Estimated Population (2007): 3,518 Potential stormwater discharges to impaired waters BUTNER Housing Units (2000 Census): Not Available (not incorporated until November 1, 2007) Estimated Population (2007): 7,542 Potential stormwater discharges to impaired waters (Falls Lake Watershed) C LAYTO N Housing Units (2000 Census): 3,006 -Estimated Population (2006): 11,584 Population Density: 942 persons per square mile. Likely more than 1,000 by now. Housing Unit Density: 244 Housing Units / Square Mile Potential stormwater discharges to impaired waters CREEDMOOR Housing Units (2000 Census): 1,020 Estimated Population_ (2007): 2,790 Potential stormwater discharges to impaired waters (Falls Lake Watershed) 6 FARMVILLE Housing Units (2000 Census): 2,010 Estimated Population (2'007): 4,656 Potential storm wa ter'disch a rges to impaired waters HAVELOCK Housing Units (2000 Census): 6,78.3 Estimated Population (2006): 22,461 Population Density: 1,248 persons per square mile. Housing Unit Density: 377 Housing Units / Square Mile Potential stormwater discharges to impaired waters KINSTON Housing Units (2000 Census): 11,229 Estimated Population (2006): 23,068 Population Density: 1,326 persons per square mile. Housing Unit Density: 645 Housing Units / Square Mile Potential stormwater discharges to impaired waters NEW BERN Housing Units (2000 Census): 11,094 Estimated Population (2006): 24,429 Population Density: 869 persons per square mile. Housing Unit Density: 395 Housing Units / Square Mile. Likely more than 400 by now. Potential stormwater discharges to impaired waters ROXBORO Housing Units (2000 Census): 3,954. Likely more than 4,000 by now. Estimated Population (2006): 8,835 Population Density: 1,402 persons per square mile. Housing Unit Density: 628 Housing Units / Square Mile Potential stormwater discharges to impaired waters (Falls Lake Watershed) SMITHFIELD Housing Units (2000 Census): 4,674 Estimated Population (2006): 12,172 Population Density: 1,023 persons per square mile. Housing Unit Density: 393 Housing Units / Square Mile. Likely,more than 400 by now. Potential stormwater discharges to impaired waters STEM Housing Units (2000 Census): 102 Estimated Population (2007): 272 Potential stormwater discharges to impaired waters (Falls Lake Watershed) 7 TRENT WOODS Housing Units (2000 Census): 1,744 Estimated Population (2007): 4,364 Potential stormwater discharges to impaired waters WENDELL Housing Units (2000 Census): 1,785 Estimated Population (2007): 5,742 Potential stormwater discharges to impaired waters WILSON Housing Units (2000 Census): 18,660 Estimated Population (2006): 47,911 Population Density: 1,646 persons per square mile. Housing Unit Density: 641 Housing Units / Square Mile Potential stormwater discharges to impaired waters ZEBULON Housing Units (2000 Census): 1,661 Estimated Population (2007): 4,955 Potential stormwater discharges to impaired waters Criteria for Designation of Public Entities In making designations, the DWQ will evaluate the public entities using the following criteria: ➢ Contribution to a violation of a water quality standard or adversely impacts water quality; ➢ Discharge to sensitive receiving waters; ➢ High population density, high growth or growth potential; ➢ Contiguity to an Urbanized Area (UA); ➢ Significant contributor of pollutants to waters' of the state; and ➢ Effectiveness of applicable water quality protection programs. Contribution to a Violation of a Water Quality Standard In making designations, the DWQ will evaluate whether the public entity may contribute to a violation of water quality standard or adversely impacts water quality by discharging or potentially discharging stormwater.to sensitive waters within a growing population area based on: ➢ State and local water quality data and other environmental indicators; ➢ Documented comments and other information from interested stake holders; and ➢ Information collected by the Division of Water Quality. Discharge to Sensitive Receiving Waters Sensitive Receiving Waters include: ➢ Waters classified as high quality, outstanding resource, shellfish, trout or nutrient sensitive waters; . ➢ Waters which are occupied by or designated as critical habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544; or ➢ . Waters for which the designated use, a's set forth in the state's classification system, have'been determined to be impaired. High Population Density. Fligh Growth or Growth Potential In making designations, the DWQ will evaluate whether the public entity has an actual population growth rate that exceeds 1.3 times the State population growth rate for the previous 10 years or has an actual population increase that exceeds fifteen percent (15%) of its previous population for the previous two years. 9 Contiguity to an Urbanized Area The definition of an Urbanized Area is complex, but in general terms it is any local government or group of local governments that combined have a population of 50,000 and a density of 1,000 people per square mile. Based on the 1990 census data, there are 17 Urbanized Areas in forth Carolina. These areas include 60 cities and 25 counties for automatic designation. An additional 63 cities and 8 counties have been identified based on the 2000 US Census. 2000 U.S. Census Urbanized Areas Number ,A g -Ur6anized Area Nam'e.Ir.,-,i, 1 Asheville 2 Hickory 3 Gastonia 4 Concord 5 Charlotte 6 Winston-Salem 7 Greensboro 8 High Point 9 Burlington Numbers Urbanized Area Name 3r, + ra;t � `^;}G' .Y.;i_' Sri Lo Durham 11 Raleigh 12 Rocky Mount 13 Greenville 14 Goldsboro 15 Jacksonville 16 Fayetteville t7 Wilmington 11' g a I 10 Significant Contribution of Pollutants In making designations, the DWQ will evaluate whether the public entity discharges are, or - have the potential to be, a,significant contributor of pollutants. Effectiveness of Existing Water Quality Programs . To determine the effectiveness' of other applicable water.quality protection programs, the DWQ shall consider whether the public entity has other state and /or local programs in place that effectively protect water quality and the water quality of the receiving waters. and whether the waters support the uses set out in subsections (c), (d), and (e) of 15A . NCAC 2B .0101 (Procedures for Assignment of Water Quality Standards - General Procedures) and the specific classification of the waters set out in 15A NCAC 2B .0300, et seq. (Assignment o-f Stream Classifications). Implications for a Designated Community ' Stormwater Management Plan ; All Regulated Public Entities (RPEs) shall develop, implement and enforce a stormwater management plan approved by the DWQ. The plan shall be designed to reduce discharge of pollutants to the maximum extent practicable and, except as otherwise provided, shall include but not be limited to the following minimum measures: . L A public education and outreach program on the impacts of stormwater discharges on water -bodies -to inform citizens of how to reduce pollutants in stormwater runoff. 2. A public involvement and participation program consistent with all applicable state and local requirements. 3. A program to detect and eliminate illicit discharges within the RPE jurisdictional area. 4. A program to reduce pollutants in any stormwater runoff to the MS4 or waters of the State from construction activities resulting from a land disturbance of greater than or equal to one acre. S. A program to address post -construction stormwater runoff from new development and redevelopment projects that cumulatively disturb greater than or equal to one . 'acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4 or waters of the State; and 6. A pollution prevention/good housekeeping program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those.operations. RPEs may use qualified existing state and local programs to meet the required permit minimum measures either in whole or in part.. RPEs shall have permit conditions that establish schedules for implementation of each component of the stornnwater management program based on the submitted application, and shall fully implement a program within five years from permit issuance. Shorter time frames may be set in approved programs for implementation of specific measures. Public Comment and More Information As part .of the public process, DWQ will accept public, comment on.the consideration of each identified entity. Public comments may be submitted to the Division of Water Quality in written format through mail or email. Please submit comments as noted below: Send US Mail Comments to: ( Send EMAIL Comments to L_._..... -- DIVISION OF WATER QUALITY phase2.info@ncmail.net WATER QUALITY SECTION >! STORMWATER PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 Attn:'Bethany Georgoulias - or - Mike Randall Public comments will be'accepted through November 30, 2009. For more information, our web address is htt h2o.enr.state.nc.us su stormwater.htinl. Public Meeting The Director of the Division of Water Quality may hold a public meeting if there is a significant' degree of public interest in a proposed designation. Public notice of such a meeting will be circulated in newspapers in the geographic.area of the discharge and to those on the Division of Water Quality's mailing list at least thirty days prior to the meeting. 12 Delineation Process for Regulated Coverage Areas Outside of Designated Phase II Municipalities Session Law 2006-246, Section 4(b) outlines'a "Delineation Process" to delineate regulated coverage areas in unincorporated areas of a county outside a In Lill icipality that is designated as a regulated entity. If these areas are delineated, post construction storinwater requirements in the Session Law will apply there. A list of public entities that .are located in`whole or in part in the candidate coverage areas is provided below. The publication of this list has been coordinated with the public notice. of the public entities identified for possible designation this year. All public entities identified here will also be notified in writing by DWQ. As part of the public process, DWQ will accept public comment on the consideration of each candidate coverage area. A final determination on whether any of the candidate coverage areas will be delineated as a regulated coverage area will involve review'of the evaluation criteria below, review of public comments received, and review of the effectiveness of any existing water quality protection programs. For communities that are located in delineated regulated coverage areas and are not already Phase II regulated public entities, DWQ wi11 notify each of its inclusion in a delineated area for storinwater coverage in writing. This notification will outline the basis of the delineation and the date on which the delineation becomes effective. . Criteria for Delineation as a Regulated Coverage Area In malting delineation, the DWQ will evaluate the public entities within the candidate coverage areas using the following criteria: ➢ Contribution to a violation of a water quality standard or adversely impacts water quality, ➢ Discharge to sensitive receiving waters; ➢ Significant contributor of pollutants to waters of the state; and ➢ Effectiveness of applicable water quality protection programs. Public Entities Identified in Candidate Coverage Areas The following -public entities were identified within areas extending 1-, 2-, or 3-miles beyond the most recently available corporate limits (2008) of the Phase II Designation Candidates, as set out in Section 4(b) of the Session Law. The Iist omits counties already "tipped into" the Phase I1 Program and coastal counties where coastal storinwater post - construction requirements apply. 13 Broad River Basin BOILING SPRINGS BOSTIC KINGSTOWN LATTIMORE PATTERSON SPRINGS RUTH CLEVELAND COUNTY RUTHERFORD COUNTY Chowan and Pas uotank River Basins NONE - ALL CANDIDATE COVERAGE AREAS WOULD BE SUBJECT TO COASTAL STORMWATER PROGRAM POST -CONSTRUCTION REQUIREMENTS REGARDLESS OF DELINEATION. Neuse River Basin BLACK CREEK BRIDGETON ELM CITY FOUR OAKS RIVER BEND SELMA SIMS WILSON'S MILLS GRANVILLE COUNTY GREENE COUNTY JOHNSTON COUNTY JONES COUNTY LENOIR COUNTY PERSON COUNTY WILSON COUNTY Public Comment and More Information As part of the public process, DWQ will accept public comment on the consideration of each identified candidate coverage area [see attached map]. Public comments may be submitted to the Division of Water Quality in written format through mail or email. Please submit comments as noted on page 12. Public comments will be accepted through November 30, 2009. For more information, including maps of all candidate coverage areas, please visit . htt h2o.enr.state.nc.us su stormwater.html. 14