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HomeMy WebLinkAboutMARVIN_COMPLETE FILE - HISTORICAL_20090417il Print Page - NC Areas Sub t to PhaseII Post -Construction & Other Sty .t r ProgramProgramRequirements a I of I s ,� :Fetes ,t Lisa C wss -, 5. 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Moore&VanAllen Peter J. McGrath Jr. April 3, 2009 Attorney at Law T 704 331 1081 F 704 378 2081 ,,S001, ,,,.,,, ,.,9„ petormcprath@mvalaw.com VIA 1`A[...1. 11Y11LC �� lye OU/-047L 807 & FIRST CLASS MAIL Moore & Van Allen PLLC Suite 4700 100 North Tr North Carolina Environmental Management Commission Ch 28202-4003 { EMC Recording Clerk ttL� Cr Directors Office S �J Division of Water Quality 1617 Mail Service Center s o Raleigh, North Carolina 27699-1617 Re: Longview SouthfRequest for Non -Binding Interpret Ruling L� p ra�g Ladies and Gentlemen: This firm represents Longview South, LLC ("LVS"), the developer of a proposed residential development (the "Project") to be located partially within the Village of Marvin, North Carolina. The Project would consist of 58 lots on approximately 122 acres near the intersection of Rea Road and Tom Short Road Extension, and will be in the Six -Mile Creek basin. LVS has obtained approval of its site plan from the Marvin Village counsel, and approval of its grading plan from the North Carolina Department of Environmental and Natural Resources. A copy the approved site plan is enclosed for your reference. We write to request a non -binding interpretive ruling from the Environmental Management Commission at its May 14, 2009 meeting regarding the non -applicability of certain stream buffer requirements to the project. In a March 17, 2008 letter to the Village of Marvin, the Division of Water Quality indicated that "new development within the Village of Marvin is subject to the post -construction requirements of Session Law 2006-246 ... Further, within the Six -Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina heelsplitter." We note that the Division's website sets forth the same statement, indicating that 100-foot and 200-foot buffers (for perennial and intermittent streams, respectively) be implemented within this watershed. We believe the Division's reference to the Administrative Law Judge's ruling refers to the decision in the case styled North Carolina Wildlife Federation, et al. v. N.C. Division of Water Quality, 05-EHR-2055 and 06- EHR-0164 (2006) a ruling relating to the Phase II stormwater permits held by Mecklenburg County, Mint Hill, Indian Trail and Stallings. That decision was based solely on the requirements for the Phase 11 stormwater permits held by the identified entities. No such provision applies to the Village of Marvin. We believe there is no reason to enforce any buffer requirements within Marvin other than the 30-foot set back requirements set forth in Session Law 2006 — 246 and that the Division lacks authority to enforce any other buffer requirements. Research Triangle, NC CnAH211171220v1 Charleston. SC North Carolina l.,nvironmental Management Commission April 3, 2009 Page 2 We therefore request your interpretive ruling that the only stream buffer requirements applicable to the project are the 30-foot set back requirements set forth in Session Law 2006 -- 246. We are prepared to present additional information regarding the stormwater control, water quality protection, and endangered species protection methods LVS has undertaken and will undertake in connection with this Project. Please contact me if you require any additional information or to ensure that this matter is on the FMC's May 14, 2009 agenda. Very truly yours, Moore & Van Allen PLLC It I R� Peter J. McGrath Jr. I'JMltsm Enclosure cc: Bradley Bennett . - • �--- �.b ,�^ ; :`L� `Z.�x - eta; �� Imo,.—,..�... �...s,_ -_- -- - __ _ = _ �� - }'-_:.ram _— ti( ;ter - .-�. s ., .f t •">'�'` �t � / < 0 r � r���== =�� '' - - ,` �ti� _..-...—.—._..__... ...—. 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'=�-.•_ �A•r' ^C21 i \ / Figure B-9 Catawba River Subbasin 03-08-38 / I 0 Miles UNION NC Oivision of Water Quality I Basinwide Planning Program October 13, 2004 1POST.TXT 14.3 2 18.1 1 14.4 2 18.2 1 14.5 2 18.3 1 14.6 2 18.4 1 14.7 2 18.5 1n Quick TR-55 version: 5.46 S/N; Page 5 TR-55 TABULAR HYOROGRAPH METHOD M. I ypC 11 fVUti VII (24 hr. Duration storm) Executed: 02-21-2009 11:20:17 watershed file: --> c:\projects\209\calc5\1P0ST WSD Hydrograph file: --> c:\prujects\209\calcs\1POST HYD 1 YEAR 24 HOUR STORM POST -DEVELOPED RUNOFF Time Flow Time Flow (hrs) (cfs) (hrs) ----------------- (cfs) -------�---------- 18.6 1 22.4 1 18.7 1 22.5 1 18.8 1 22.6 1 18.9 1 22.7 1 19.0 1 22.8 1 19.1 1 22.9 1 19.2 1 23.0 1 19.3 1 23.1 1 19.4 1 23.2 1 19.5 1 23.3 1 19.6 1 23.4 1 19.7 1 23.5 1 19.8 1 23.6 1 19.9 1 23.7 1 20.0 1 23.8 1 20.1 1 23.9 1 20.2 1 24.0 0 20.3 1 24.1 0 20.4 1 24.2 0 20.5 1 24.3 0 20.6 1 24.4 0 20.7 1 24.5 0 20.8 1 24.6 0 20.9 1 24.7 0 21.0 1 24.8 0 21.1 1 24.9 0 21.2 1 25.0 0 21.3 1 25.1 0 21.4 1 25.2 0 21.5 1 25.3 0 21.6 1 25.4 0 21.7 1 25.5 0 21.8 1 25.6 0 21.9 1 25.7 0 22.0 1 25.8 0 22.1 1 25.9 0 22.2 1 22.3 to Page 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 20, 2007 Ms. Rene Dotson Village Administrator Village of Marvin P.O. Box 399 Waxhaw, North Carolina 28173 Dear Ms. Dotson: SEA 2 4 ?007 Wend A r n All ter vane►, This letter is in response to your September 10, 2007, e-mail request for information concerning the presence of the federally endangered Carolina heelsplitter mussel in Sixmile Creek, Union County, North Carolina. In addition, you requested information concerning whether the State of North Carolina has identified Sixmile Creek as "protected habitat" in accordance with state's National Pollutant Discharge Elimination System Phase II Stormwater Control permit program. On February 22, 2007, biologists with The Catena Group (a private consulting firm) and the U.S. Fish and Wildlife Service (Service) conducted a freshwater mussel survey in an approximately 1,000-meter (0.62-mile) reach of Sixmile Creek, along the Mecklenburg -Union County line in North Carolina, in the vicinity of Marvin Road (SR 3635 in Mecklenburu County and SR 1312 in Union County), for a proposed restoration/mitigation site along the stream. A total of 1,428 native freshwater mussels, including 3 live Carolina heelsplitters, were recorded in IT5 person -hours of survey time. In addition, three Carolina heelsplitter shells were found. There are only three known surviving North Carolina populations of the Carolina Heel spl itter--the Goose Creek/Duck Creek and Waxhaw Creek populations in Union County and the Sixmile Creek population in Mecklenburg and Union Counties. All three of these populations are small and highly vulnerable to extirpation. Residential and commercial growth in the Sixmile Creek watershed is contributing to the significant degradation of aquatic habitat in this stream, and suitable habitat for the Carolina heelsplitter is in serious decline. Stream -channel and stream -bank -stability, required by freshwater mussels, are being degraded in a number of areas throughout the watershed. Changes in the stream's hydrology due to the loss of forest cover and an increase in impervious surface area are major factors contributing to this channel/bank instability. In addition, the North Carolina Division of Water Quality (NCDWQ) has classified Sixmile Creek, from its headwaters to the state line, as having impaired water quality and has placed this stream on the list of North Carolina's impaired waters under Section 303(d) of the Clean Water Act. We cannot speak for the State of North Carolina concerning their regulations under the State's Phase II Stormwater Control permit program that apply to the portion of Sixmile Creek within the jurisdiction of the Village of Marvin. However, because Sixmile Creek is occupied habitat for the Carolina heelsplitter, we believe the NCDWQ and the Village of Marvin should, if they have not already done so, implement Phase II Stormwater Control permit regulations adequate to protect the species and its habitat from further decline due to the effects of new development activities within the watershed. Section 9 of the Endangered Species Act of 1973, as amended (Act), strictly prohibits the "take" of endangered wildlife. "Take" is defined in the Act to include harass, harm, pursue, hunt, shoot, wound, kill, trap, or collect any endangered species. "Harm" may include significant habitat modification or degradation that significantly impairs essential behavior (e.g., feeding, nesting, or rcproductior.). Ir, addition, sectlor. ? of the Act requires federal agencies to consult with the Service to ensure that any activity they permit, fund, or carry out does not jeopardize the continued existence of a federally listed species. To avoid adverse impacts to, and further decline of, the Carolina heelsplitter and its habitat, we recommend the following measures for any new development activities within the watersheds of streams supporting the species and believe these or similar measures should be incorporated into any new development permits issued within the Sixmile Creek watershed: 1. Stream Buffers - Natural, forested riparian buffers are critical to the health to aquatic systems. They: (1) catch and filter runoff, thereby preventing nonpoint-source pollutants from reaching streams; (2) enhance the in -stream processing of both point- and nonpoint-source pollutants; (3) act as "sponges" by absorbing runoff, which reduces the severity of floods, and by allowing runoff to infiltrate and recharge groundwater levels for maintaining flows during dry periods; (4) stabilize stream banks and maintain natural channel morphology; (5) provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the diets of mussels and support of the aquatic food web; and (b) maintain air and water temperatures. Within the watersheds of streams that support endangered aquatic species, we recommend undisturbed forested buffers that are naturaily vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of 200 feet from the top of bank on both sides of all perennial streams and a minimum of 100 feet from the top of bank on both sides of all intermittent streams or the full extent of the 100-year f oodplain; whichever is greater. Impervious surfaces, ditches, pipes, roads, and utility lines (sewer, water, gas, transmission, etc.) and other infrastructures that require maintained cleared rights -of -way and/or affect the functions and values of the forested buffers should not occur within these buffers. Any unavoidable crossings of the buffers should be as narrow as possible and should be perpendicular to the buffers and stream channel. 2 2. Storm -Water Control - The expansion of urban/suburban areas creates more impervious surfaces (such as roofs, roads, and parking lots), which collect nathnuPnc matalc a ri;mr nt and rhamiral nnllntantc anri miirlrly tranemit i •araaVt,vaau, aaavrµaV, .avVaaaavaaL, µaav VaavaA •aV µA YvAAµLW}LV LLAAM L�µA VAII.A'' LI KiulAllL them (via storm -water runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreation. Increased storm -water runoff also directly damages habitat, causing stream -bank and stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, reducing stream flow in periods of drought, with potentially catastrophic effects for mussels and other aquatic life. Accordingly, we recommend that all new developments, regardless of the percentage of impervious surface area they will create, irnplement storm -water retention and treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional impacts to the habitat quality of the Goose Creek watershed. All storm -water outlets should drain through a vegetated upland area prior to reaching any stream or wetland area. Sufficient retention designs should be implemented to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. We recommend the use of low -impact -development techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. Also, because the purpose of storm -water -control measures is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream type or existing wetland. We aiso recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious materials are less likely to absorb and store heat and allow the cooler temperatures of the earth below to cool the pavement. Also pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large void spaces within the concrete. And pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge, 3. Sedimentation and Erosion Control - Stringent measures to control sediment and- erosion should be implemented prior to any ground disturbance and should be maintained throughout project construction. We strongly 3 recommend that only native plant species be used or, if an adequate seed source cannot be found, that noninvasive species (such as annual rye) be used until nati�m ttlantc r•an ra•neta}lic� thamcnlvnc `t`mm�nrarcr (n n r�r� main uaaRlA a1uRiYV rAUAARy VUAi AVVVYHVIA VAA IARV!l1U VlYVJ. 1VllltJ Vl lL1 ,' LV.�., 1�V E",l C!lll, wheat, millet) or permanent herbaceous vegetation should be planted on all bare soil within 5 days of any ground -disturbing activities to provide long-term erosion control. Biodegradable erosion -control matting should be used in conjunction with appropriate seeding of disturbed soils on steep slopes. Matting should be secured in place with staples, stakes, or live stakes of native trees (whenever possible). 4. ,Stream Crossings - All roadway crossings of streams and associated wetlands on the property should be by bridging and should be made perpendicular to the stream channel. The abutments, approaches, and other features of the bridges should be designed and constructed to avoid stream -bank and stream -channel disturbance and any constriction of the natural channel and the 100-year floodplain. Deck drains and side ditches should be designed to divert runoff into stable forested vegetation that can filter sediments and other pollutants before the water reaches the stream. The removal of vegetation in riparian areas should be minimized, and the use of riprap should be avoided or minimized. No stream -channel widening should occur nor should riprap be placed in the stream channel. If culverts are the only option, we suggest using bottomless culverts. Bottomless culverts do not need to be buried, thereby minimizing the adverse impacts to streams. Any type of culvert that is used should be designed to allow for the passage of fish and other aquatic life. The culvert should be sized to accommodate the movement of debris and bed material within a channel during a bank -full event. We recommend the use of multiple barrels (other than the base -flow barrel), placed on or near stream bank -full or floodplain bench elevation in order to accommodate floodwaters within the stream corridor. These should be reconnected to floodplain benches as appropriate. This may be accomplished by using sills on the upstream end to restrict or divert flow to the base -flow barrel(s). Sufficient water depth should be maintained in the base -flow barrel during low flows to accommodate fish movement. If the culvert is longer than 40 linear feet, alternating or notched baffles should be installed in a manner that mimics the existing stream pattern. This should enhance the passage of aquatic life by: (a) depositing sediment in the barrel, (b) maintaining channel depth and flow regimes, and (c) providing resting places for fish and other aquatic organisms. 5. Utility Lines - UtiIity lines (i.e., sewer, gas, water) should be installed outside the ;thnvP-rPrnmmPnrlPrl huffp - width-, All utility i-mccinvc chruilrl hP kPnt to a minimum, and all utility infrastructure should be kept out of riparian buffer areas. The directional bore stream -crossing method (installation of utilities beneath the riverbed, avoiding impacts to the stream and buffer) should be used for utility crossings. Manholes or similar access structures should not be 4 allowed within buffer areas. Stream crossings should be near perpendicular to stream flow and should be monitored at least every 3 months for maintenance nand,-, diming the first 74 mnnthc of the nrnie.rt and nnnimlly therPadfPp r �wer lines associated with crossing areas should be maintained and operated at all times to prevent discharges to land or surface waters. In circumstances where minimum setbacks cannot be attained, sewer lines shall be constructed of r�nn4i�a irnn nr n mitic4onno nran-af �nrn�i�i4v uuWA..v LAW..va u 0"VOA u� vA a.a.J"". uuauvau Ly. We appreciate the opportunity to provide these comments. If you have any questions concerning our recommendations or would like additional information concerning the Carolina heelsplitter, please do not hesitate to contact Mr. John Fridell of our staff at 828/258-3939, Ext. 225, or Mr. Allen Ratzlaff, Ext. 229. Sinc ely, Brian P. Cole Field Supervisor cc: Mr. Jonathan Edwards, Senior Planner, Village of Marvin, P.O. Box 399, Waxhaw, NC 28173 Mr. Anthony Fox, Village Attorney, Village of Marvin, P.O. Box 399, Waxhaw, NC 28173 Mr. Bradley Bennett, North Carolina Division of Water Quality, Point Source Branch, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 Mr. Alan Johnson, Mooresville Regional Office, North Carolina Division of Water Quality, 610 East Center Avenue, Mooresville, NC 28115 Mr. Ron Linville, Western Piedmont Region Reviewer, North Carolina Wildlife Resources Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180 Ms. Sarah McRae, North Carolina Department of Environment and Natural Resources, Natural Heritage Program, 1601 Mail Service Center, Raleigh, NC 27699-1601 Lasmigona decorata 14 Page 1 of 1 Element Occurrence Information Element 21454 Occurrence ID Scientific Name Lasmigona decorata Element Occurrence 14 Number Common Name Carolina Heelsplitter Most Recent 2004-09-02 Suryev Date pate First 1987-08-26 Observed Date Last Observed 2004-09-02 Element Occurrence Rank E - Verified extant (viability not assessed) YAD/Goose Creek Subbasin : This site is located in northern Union County and consists of Goose Creek 1km upstream of US Directions 601 downstream to its confluence with the Rocky River and Duck Creek Ikm upstream of SR 1525 downstream to its confluence with Goose Creek. Element Length of occupied habitat: 15 km; Number of survey sites: 24; Number of sampling events: 32; Range of CPUE: <1 to Occurrence Data 2/man-hour; Multiple size classes: ; Impoundments: none; Predominant adjacent land use: agriculture/residential BCD:"Small tributary of the Rocky River in the PeeDee system. Banks are low to medium (6') and gradually sloping to steep Habitat sided. Stream is borderd by woods for 75% of its length. The waters were shaded and cool, tea -colored, and with slow to Description non-existant current. Deepest pools were about 4'. Turbidity varied from slight to high. Substrate was a mixture of mud, sand, gravel, cobbles and bedrock." Owner Name and Comments Protection Comments Wider riparian buffers needed (Ratcliffe 2005). Management Comments Additional Comments http://nhpweb.enr.state.ne.us/nhis/partner/forms/eo/eo_py_co_info.phtmI?gid=19728&cmd=Update&browse_target_window=&.._ 9/30/2007 Lasmigona decorata I I Page 1 of 1 Element Occurrence Information Element Occurrence ID 21451 Scientific Name Lasmigona decorata Element it Occurrence Number Common Name Carolina Heelsplitter Most Recent _Survey Date 1998-11-05 Dal ri _rst Observed 1987-06-29 Date Last Observed 1998-11-o5 Element E - Verified extant (viability not assessed) Occurrence Rank CTB/Waxhaw Creek P: The site is located in southwestern Union County and consists of Waxhaw Creek from 1km Directions _upstream of SR 1137 to 1 km downstream of SR 1117_ Element Length of occupied habitat: 5 km; Number of survey sites: 4; Number of sampling events: 4; Range of CPUE: <1/man- Occurrence Data hour; Multiple size classes: ; Impoundments: none; Predominant adjacent land use: residential/agricultural/timber Habitat Description Owner Name and Comments Protection Comments Wider riparian buffers needed (Ratcliffe 2005). Management Comments Additional Comments http://nhpweb.enr.state.nc.us/phis/partner/forms/eo/eo_py_eo_info.phtmI?gid=19727&cmd=Update&browse target window=&... 9/30/2007 North Carolina Division of Water Quality May EMC Agenda Item # 09-,#.#':Z3 Interpretive Ruling On Longview South On April 3, 2009 the Environmental Management Commission (EMC) received a letter from V/fongview South, LLC)a development project in Union County near the Village of Marvin. This letter has requested that the EMC issue a nonbinding interpretive ruling on the applicability of more stringent stormwater and buffer requirements under DWQ stormwater permits for the protection of the Carolina Heelsplitter, a federally listed threatened and endangered species. Longview's request asks that the EMC determine/that only the Phase II stormwater and buffer requirements be applied fnr Chic nrniprt rather than mnrp ctrinnant mpaciirpc nrpwiniicIw reniiirorrll by the r-Mr' fnr the r-Znn `, Creek watershed area. In March of 2007 the NPDES Committee of the EMC produced a Final Agency Decision related to NPDES Stormwater MS4 permits in the Goose Creek watershed of Union and Mecklenburg Counties. This decision directed the Division to modify NPDES Stormwater MS/1 permits in this area to provide more stringent stormwater and buffer requirements for the protection of the Carolina Heelsplitter. Specifically the derision required that the permits include post -construction requirements of 200 foot undisturbed buffers on perennial streams, 100 foot buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater controls. The agency decision is attached to provide additional background on the measures and the EMC's previous decision and rationale. (Note: these requirements have subsequently been modified through a rulemaking process that established a site specific management strategy for this watershed. More information on this strategy can be found at the following address: http.//17 o.enr state.nc.us/csu/CYooseCreek-.i?tml In response to the EMC's direction the Division modified NPDES Stormwater MS4 permits in the Goose Creek watershed to reflect the requirements in the decision, The Division recognized that there were other areas where the Carolina Heelsplitter, or similar federally endangered freshwater mussels, were located in the staye��irface waters. The Division determined that the EMC's decision established a strategy of m re stringent stormwater control measures to protect these federally listed species from the impacts of development activities in accordance with existing Commission rules and with the Session Law for Phase 2 gtormwater rnntrnl, Thy? Nvieinn'$ recnnnce hac hppn to annly thaco camp mananampnf etrataniac into stormwater permits the Division is required to administer in other similar areas within and outside of the Goose Creek watershed. Specific areas include Waxhaw Creek in Unio County and Sixmile Creek -in Union and Mecklenburg Counties, which also contain populations f�the Carolina Heelsplitter. The Division has also included similar control strategy in Stormwater NPDES MS4 permits in other areas of the state for protection of similar freshwater mussels. The requirements discussed above may be implemented through a local government's Stormwater NPDES MS4 permit or they may be implemented as part of the Division's responsibilities for post construction stormwater permitting in certain areas of the state (Section /L(a) and 4.(b) of Session Law 2006-246). In the Sixmile Creek watershed implementation occurs through the City of Charlotte's NPDES MS4 permit and through the Division's post -construction stormwater permitting in Union County and the Village of Marvin. Projects that disturb an arse or more of land within Union County and the Village of Marvin are subject to Division stormwater review under the powconstruction stormwater permitting program. Within the Sixmile Creek watershed area t:he Division requires that the projects meet the Session Law post: -con sl:ruct:ion requirements and also meet the more stringent buffer and stormwater requirements for protection of the Carolina Heelsplitter. The angview South project is questioning these required strategies as part of their post -construction p€� milting process. At this point Longview has not submitted a permit: application under the po t-construction stormwater, permitting program, but the Division has WRTER6rKCH LRES,mC. POST OFFICE BOX 1056 • #5 PINEWOOD PLAZA DR. GRANITE FALLS, NORTH CAROLINA 28630 (828)396-4444 SAMPLE: Catawba Co. Landfill #9 COLLECTION DATE, 3/16/2009 PERMIT #: COLLECTION TIME: 0945 ADDRESS: Catawba County Landfill RECEIVED DATE: 3/16/2009 P.O. Box 389 RECEIVED TIME: 1124 Newton, NC 28658-0389 REPORTED: 3/26/2009 A�IVAL;YSIS ANALYSIS RESULTS UNITS DATE ''ANALYST TSS 13.0 mg/L 3/17/09 jrg COD <20 mg/L 3/19/09 jdg Fecal Coliform 6 1100mL 3/16/09 jrg LOG ID: 0903-238 REPORTED BY: NC CERTIFIED LAB # 50 fl� * Tony Gragg, Lab Supervisor May 2009 EMC Interpretive Ruling On Longview South Page 2 advised them and the involved local governments in several interactions that the more stringent control measures would be applicable. This Interpretive Ruling request is seeking the EMC's input on the applicability of more stringent buffer and stormwaler protection measures Lo areas outside the Goose Creek watershed area that have a population of similar federally listed endangered rnussel5. The Division ferats that we have considered the EMC's past input and the authorities and responsibilities of the Commission and Division in applying these standards. We certainly welcome clarification from the Commission on this process. The Division also notes that in this process it may be appropriate for the Commission to give guidance on the applicability of requirements in the recent: Goose Creek nulemaking to other similar, areas III the DIvi-s li'7 perrllil.ting process. Additional Information Basis For More Stringent Control Measures: The Commission's fresh surface water quality standards (15A NCAC 213 .0211-0225) establish conditions related to the best usage of various waters. These conditions include control of sources of water pollution that may impact these uses. Session Law 2006-246 (Phase 2 Stormwater Management) establishes specific stormwater requirements for regulated phase 2 areas. The Session Law does not limit: stormwater controls to these requirement's where other measures are needed to protect water quality, including uses. The post -construction practices of the Session Law (Section 9) specifically indicate in paragraph (1) that "Nothing in this section shall limit, expand, or alter the requirement that a discharge fully comply with all applicable state or federal water quality standards.,, Stormwater Permitting in the Village of Marvin: The Village of Marvin is located in the urbanized arejof the City of Charlotte. This Subjected Marvin to the requirements of the Phase 2 NPDES Stormwater MS4 permit requirements. In September of 2005 the Division issued a Phase 2 NPDES Stormwater MS4 permit to the Village of Marvin and they began the process of implementing the Stormwater programs required in the fJCrr'7 In A. cj sI, f 9Af9-7 RAa-vin de it to Hh 11:..:�.:,_-. L,. __-L.,_:_, iai L. III r% l UJI. VI GUU1 1-1 CAI VIII ilia UCC a waiver r�;.g1111:}l. l.0 l.11e "1V1'.IIUII RU IIOVt= t,I1C11 �J :rll Elt rescinded on the basis that they did not actually own and operate a municipal separate storm sewer system (MS4). The Division granted their request in August of 2007. Along with the rescission of the permit the Division advised the Village that new development ar.Livity in Lhe area would still be subject: to Division review and approval for post -construction storrwater control as outlined in Session Law 2006-246. The Division also noted that the buffer and stormwater requirements for the Sixmile Creek area would be consistent with the EMC's decision for Goose Creek to protect the Carolina Heelsplitter population. Attachments: Attachment 1 - EMC's March 2007 Final Agency Decision on Goose Creek MS4 perrnifs. Attachment 2 -- Session Law 2006-246 - Phase 2 Stormwater Management A[tachrnent 3 - 2005 Cover Letter for Issuance of Village of Marvin's Phase 2 Storrwater MS4, (Full version on the permit is available if needed.) tdmrm 6TECH LR95.Inc. POST OFFICE BOX 1056 • #5 PINEWOOD PLAZA DR. GRANITE FALLS, NORTH CAROLINA 28630 (828)396-4444 SAMPLE., Catawba Co. Landfill #10 COLLECTION DATE: 3/16/2009 PERMIT #: COLLECTION TIME: 0955 ADDRESS: Catawba County Landfill RECEIVED DATE: 3/16/2009 P.O. Box 389 RECEIVED TIME: 1124 Newton, NC 28658-0389 REPORTED: 3/26/2009 r ANAL,YSl ANALYSIS RESULTS UNITS DATE ANALYST TSS 52.0 mg/L 3117/09 jrg COD 34 mg/L 3119/09 jdg Fecal Coliform 320 /100ml- 3/16/09 jrg LOG ID: 0903-239 REPORTED BY: NC CERTIFIED LAB # 50 f�6o" Tony Gragg, Lab Supervisor May 2009 EMC Interpretive Ruling On Longview South Page 3 Attachment 4 — 2007 Request from Village of Marvin to Rescind Their Permit and The Division's Letter Granting the Request. Attachment 5 — Supplemental Information to the Village of Marvin on the Post -Construction Stormwater Program — October 2007. Attachment 6 — September 2007 Letter From The US Fish and Wildlife Service to the Village of Marvin in Response to Marvin's Request for Info'on the Carolina Heelsplitter in Sixmile Creek, Attachment 7 — Letter Requesting Non -Binding Interpretive Ruling from Moore and VanAllen mjvrcR6rECH L0185, nc. POST OFFICE BOx 1056 • #5 PINEWOOD PLAZA Dfi. GRANITE FALLS, NORTH CAROLINA 28630 (828)396-4444 SAMPLE: Catawba Co. Landfill #12 COLLECTION DATE: 3/16/2009 PERMIT 4: COLLECTION TIME: 1005 ADDRESS: Catawba County Landfill RECEIVED DATE: 3/16/2009 P.O. Box 389 RECEIVED TIME., 1124 Newton, NC 28658-0389 REPORTED: 3/26/2009 ANALYSISRESULTS UNITS DATE ANALYST TSS 27.0 mg/L 3117109 jrg COD <20 mg/L 3/19/09 jdg Fecal Coliform 17 1100mL 3/16109 jrg LOG ID: 0903-240 REPORTED BY: NC CERTIFIED LAB # 50 Tony Gragg, Lab Supervisor Ii�aS - I5-4 IV-) jL ly Lu- �i��►'d Fe a�t ?? IP Rxd �99Y= L-' A�-k( S-oki'4 6NfW —14 .- - Pei em v. �,trp�.�.9 pYu�zS C., e7oelP tl167 A uri 1AWIP CA 1�7W co.,J!lsG.»Id tGy cd` wl� I gef } 1 w 5 i RT , 1, `l f � 1� 14IV "'' V ieait r✓r �y-ey f r7 15 C(:511 1 0YV AA}SAL� -- ► 4 . ` Moore&VanAllen v �t Peter J. McGrath Jr. December 10, 2008 0 1 Attorney at Law T 704 331 1081 F 704 378 2081 ..n �•. oetermcarath@mvalaw.rnm tj t Mr. Mike Randall Division i iG Moore & Van Allen PLLC of Water Quality North Carolina Department of hnvironment & Natural Resources 1 Suite4700 ] 6 ] 7 Mall Service Center p' 100 North Tryon Street Charlotte, NC 28202-4003 Raleigh, North Carolina 27699-1617 Re: Longview South/Marvin, North Carolina Dear Mr. Randall: As you know, this firm represents Longview South, LLC ("LVS") the developer of a proposed residential development partially within the Village of Marvin. The development is in the Six -Mile Creek basin. The developer has obtained approval of its site plan from the Marvin Village council, and approval of its grading plan from union County. in your March 17, 2008 letter to the 'village of Marvin you indicated that "new development within the Village of Marvin is subject to the post -construction requirements of Session Law 2006-246 ... further, within the Six -Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an administrative law judge ruling and I?MC decisions relating; to the protection of the Carolina hcelsplater." !plc note that the D.visi n s websltc sets forth the same statemiien' We have previously asked you to identify the EMC decision relating to protection of the heelsplitter that covers Six -Mile Creek and we have not received any such identification. We believe your reference to an administrative law judge's ruling refers to the decision in the case styled North Carolina Wildlife Federation, el al. v. N.C. Division of Water Quality, 05 EFIR 2055 and 06 EHR 0164 (2006) administrative law judgc ruling relating to the Phase II stormwater permits held by Mecklenburg County, Mint 1-1111, Indian "frail and Stallings. The administrative law judge's decision was based solely on the requirements for the Phase It stormwater permits held by the identified entities. No such provision applies to Marvin. As we have explained before, there is no reason to enforce any buffer requirements within Marvin other than the provisions set forth in 2006-246, and the Division lacks authority to enforce any other butter requirements. Should the Division attempt to enforce any requirements different than the requirements set forth in 2006- 246, LVS will take such action as necessary to protect its rights including filing legal action against the Division. Very truly yours, Moore & Van Allen PLI-C 1:�Q� Peter J. McGrath Jr. P.IMItsm Research Triangle, NC CHARM 151012v1 Charleston, 5C PARKER POE ADAMs & BERNSTEIN LLP MEMORANDUM TO: Mayor of the Village of Marvin Village of Marvin Council CC: Anthony Fox FROM: Tom Griffin DATE: October 26, 2007 RE: Proposed Longview South Development -- Issues Raised by the Potential Presence of the Carolina Heelsplitter I have been asked to outline my thoughts on the endangered species issues raised by the proposed "Longview South development in the V 11148e UL I Adl Ylrl. Brief Back round The endangered species issues are before the Village Council in connection with the developer's request for approval of a subdivision plat pursuant to. the Village of Marvin Subdivision Ordinance. The proposed subdivision would be located along an intermittent tributary that drains to Six Mile Creek, in which the United States Fish and Wildlife Service ("FWS") has identified the Carolina Heelsplitter (in the vicinity of Marvin Road). The heelsplitter is a federally -listed "endangered species" under the Endangered Species Act of 1973. The particular issue relates to the size of undisturbed buffer that might be required along L,. +..�....:u.,..++..:1.-.+.. I:..0 f+1. narana ^fflia ha lonlit+ar and anrd;nakla lauv Tha FWC t11Q 111LG11111LLG11L LAIUULCIt'y In Ing Vi Lut, pr�owavv va ua�. aa�`F «w r�+ ,v u.., v v and the Division of Water Quality of the North Carolina Department of Environment and Natural Resources ("DWQ") both recommend undisturbed buffers of 200 feet along perennial streams and 100 feet along intermittent streams within watersheds where the heelsplitter is located. There is also a "final agency decision' in a North Carolina Office of Administrative Hearings contested case proceeding that temporarily imposes the 200/100 feet buffers, and a ten percent impervious surface threshold for engineered stormwater management controls, in certain Phase II Stormwater permits in the Goose Creek watershed; the requirements apply until the 'Environmental Management Commission adopts a site -specific comprehensive plan for the watershed (which could include different or smaller buffers or other management measures) under 15A N.C.A.C. 2B .0110. North Carolina Wildlife Federation, et al v. North Carolina Department of En vironment and Natural Resources, Division of Water Quality, 05 EHR 2055 and 06 EHR 0164 (consolidated cases)(March 7, 2007). CLT I0829850 The developer has proposed that the 200/100 foot buffers are not required by applicable law or the NCWF decision, and that the buffer in these areas should instead be limited to 30 feet on either side of the intermittent stream. Finally, the Subdivision Ordinance also contains a requirement for stream buffers. I will defer to your understanding of the Ordinance, but it appears to contemplate buffers of up to 100 feet, depending on which way drainage flows. The buffer in the Subdivision Ordinance is not required to be totally undisturbed. Witb this background, I was asked for my recommendation on what steps the Village Council should take in light of possible impacts to the heelsplitter. The issues related to the interaction of endangered species, buffers and storm water issues can be complicated. For ease of use and reference, therefore, I have outlined below my basic conclusions and recommendations in a "bullet form" outline. This should provide the lay of the land in a more usable fashion. Once you have had a chance to dieest these points. I would be happy to _provide as much additional detail as you would like. v Arizuments by the Developer The developer has presented its views and interpretation in a memorandum and separate e-mail. It essentially suggests that (i) buffers along the intermittent stream must be limited to 30 feet, pursuant to Session Law 2006-246, (ii) DWQ does not have authority to impose larger buffers, (iii) the recent NCWF contested case decision is not applicable to the proposed development, and (iv) Six Mile Creek has not been designated as "critical habitat" for the heelsplitter, implying (I imagine) that there are no applicable federal endangered species requirements until that designation takes place. After considering the developer's suggested position, I have provided my reaction, as follows: Soormwater • With respect to stormwater control, I understand that Marvin is no longer subject to a separate Phase II NPDES permit for stormwater discharge. Post -construction stormwater control is therefore governed primarily by Session Law 2006-246, which implements the Phase U program. In this circumstance DWQ regulates the post -construction program in lieu of the Village. • Session Law.2006-246 does impose a requirement for 30-foot buffers. That law states, however, that the buffer must be "at least" 30 feet. I have not found language that limits any buffers to only 30 feet regardless of the circumstance. See Session Law 2006-246, Section 9(d). - • Importantly, Section 9(1) of Session Law 2006-246 also states that, " [n]othing in the section shall limit, expand, or alter the requirement that a discharge fully comply with all applicable State or federal water quality standardf (emphasis added). 2 CLT 1082985vi • In considering the water quality standards in this situation, two concepts come into play -- "the best usage" of waters and "biological integrity." s Under North Carolina's standards applicable to Class C waters, the "best usage" of waters means that "[t]he waters shall be suitable for aquatic life propagation and maintenance of biological integrity .... sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water Quality standard." 15A N.C.A.C. 213 .0211(2) (emphasis added). 0 North Carolina's water quality standards include the protection of "biological integrity." Id. at .0211(1). North Carolina regulations define "biological integrity" as "the ability of an aquatic ecosystem to support and maintain a balanced and indigenous community of organisms have species t a' ero:rx, "^T%iulatinn dengitieg nnri fimrtinnal nrvnni2atinn similar to colilpVst�tvia, Y&�bl 0.&.7 Y"N •a•-•-------- that of reference conditions." Id. at .0202(l 1). • Interpreting this language, the administrative law judge in the NCWF proceeding found that DWQ's "legal obligation to protect biological integrity necessarily includes the protection of the most sensitive species within a watershed. Therefore, in the Goose Creek watershed, biological integrity encompasses the ability of the watershed to maintain the federally endangered Carolina heelsplitter population." NWCF at 27-•28. a The developer correctly states that the NCWF case considered a different legal issue, and that technically it does not directly apply to our situation. However, in light of (i) Nviih Carolina's water quality stc'a.^+Juds, (i" the lancnin;e in Session Law 006-246 stating that any discharge must comply with those standards, and (iii) a contested case opinion holding that the water quality standards must include protection of a watershed containing endangered species,,I believe that the developer would be hard pressed to convince DWQ that the agency does not have the right to impose the 200/100 foot buffers or other requirements to protect water quality and biological integrity in the Six Mile Creek watershed. • The result is'that I would not be at all surprised if DENR were to insist on the larger buffers for the proposed project, if indeed the agency perceives the possibility that post - construction stormwater runoff in this watershed could adversely impact the endangered heelsplitter.' ' I am basing my conclusion solely on my reading of Session Law 2006-246. 1 would be happy to talk with someone at DWQ to clarify the interaction of the 30-foot buffer and the North Carolina water quality standards. Ultimately, however, I am not sure that this analysis is particularly relevant. Because the Village is no longer subject to the Phase II permitting requirements it would not be imposing buffers under those rules. Instead, as I describe below, I am recommending that the Village Council obtain information and evaluate buffers under both the Subdivision Ordinance and the Endangered Species Act. CLT 1082985vl Endangered Species • The fact that Six Mile Creek is not yet designated as "critical habitat" for the heelsplitter does not mean that there are no protections in place under the Endangered Species Act. Quite the contrary, Section 9 of the Act unequivocally prohibits the "taking" of any endangered species by any person, including a municipality. To "take" under the Act means to "harass, harm, pursue, hunt, shoot, wound, kill, trap or collect" any endangered species, or to attempt to engage in such conduct. 16 U.S.C. § 1532(19). The term "harm," in turn, "may include significant habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavior patterns, including breeding, spawning, rearing mityrating feeding or chAteriner " rm r F.R 7??,1 o?. Tinder these broad definitions; the "taking" of an endangered species under the Act may occur regardless of whether habitat has officially been designated as "critical."2 • In light of the broad wording and application of the Endangered Species Act, I believe that there is some risk that one could at least claim that the Village of Marvin is engaged in a "taking" of an endangered species by approving a subdivision plat that proposes buffer areas that are far smaller than those recommended by environmental agencies with expertise in this TA L — nnl,n —A h 1�nrn.=r in the Gtihrlivicinn OrdinanYP rvhirh rPrnlirac that ¢tens area. l lie IISK I t.1121µ1AVV/ vy µ,abaa 5J a &� tisu , a✓avaa 1 .. v✓ Jr - ,be taken to protect important natural resources (see below); ignoring that language could lead to claims that the Village failed to exercise powers available to it to protect endangered species. • We have researched this issue very briefly, and have not yet found a case evaluating similar land use decisions by a municipality under the Endangered Species Act. There are, however, cases suggesting that the Act can and should be read broadly to include the implementation of government policies that could "take" an endangered species. Also, I note 4L at.,. ' A__ ' 4.1- 7U!'rdT� _+or+nd noon n+nA +ho+ +1,o "�itinnore itrnn".. a Claim wllaaina a Mat LIK, JUUE'jG II LAIe 1ATT 111 cViIL%,Ot%. f L+aw LkVLoa+ tlw LL i Liv, a. FF "b` b " violation of Section 9 of the Endangered Species Act. We are attempting to obtain the relevant filings to better understand this claim, but the nature of the case suggests that the environmental groups were perhaps arguing that DWQ violated Section 9 (or "tools" an endangered species) by issuing a permit that did not include adequate protections for the heelsplitter. DENR's alleged action would be analogous to the Village approving a subdivision plan without adequate protections. • 11 yol.! Wuitiu tiNV, 1 t.an update you oil L111a'""" pvliat VlAce received the papers. In the meantime, I wanted to highlight the risk that the Village could be at least exposed to claims that it violating the Endangered Species Act by approving a plan without adequate information to determine whether the heelsplitter is being protected. 2 As the developer notes, the designation of habitat as "critical" would be potentially significant if the developer were required to obtain a permit from the Corps of Engineers or some other federal agency. If a permit were required, "Section 7" coordination with FWS is triggered, and the existence of critical habitat plays a role in that coordination. Even under Section 7, however, the critical habitat designation is not dispositive. Federal permitting agencies such as the Corps are required to coordinate with FWS on whether the proposed activity "jeopardizes" the continued existence of an endangered or threatened species, regardless of whether critical habitat is affected. 4 CLT 1082985v1 The Subdivision Ordinance As noted above, my concern about the potential application of the Endangered Species Act is heightened because I believe that the Subdivision Ordinance permits (and arguably requires) the Village Council to request information on the development's impact to endangered species and the "reasonable measures" that the developer is taking to avoid those impacts. • Section 2(l l) of Article VIIA requires that, for a Iarge tract subdivision, the developer prepare an "Existing Resources and Site Analysis Plan." The plan must include the location and delineation of streams, wetlands and similar features. • Section 5 of Article VIIB states that "[n]atural areas containing rare or endangered plants and animals, as well as other features of natural significance may exist in Marvin. Subdivision applicants shall take all reasonable measures to 1rotect significant natural areas and features identified by the applicant's Existing Resources and Site Analysis Plan." (emphasis added). In light of this language and the potential presence of the endangered heelsplitter, and in the context of North Carolina's water quality standards and the input from DWQ and FWS, I believe that the Village Council may (and again arguably must) require that the developer describe what steps it is taking to mitigate impacts to the intermittent stream. Recommendation To sum up, given (i) the language of the Subdivision Ordinance, and (ii) the potential risk of a claim against the Village under the Endangered Species Act, I would recommend that the Village Council require that the developer submit detailed information concerning the predicted impact of the development, if any, on the Carolina Heelsplitter or its habitat. This information would likely include a study by, or similar information from, a biologist on the projected effects on the tributary and whether those effects would, in turn, impact heelsplitter populations in Six Mile Creek. If there are any projected impacts, I would recommend that the Village Council require that the developer describe "all reasonable measures" that it is taking to avoid or minimize those impacts. The Village Council will then be in a better position to evaluate both compliance with the Subdivision Ordinance and its risk, if any, under the Endangered Species Act. In my view it is appropriate to request site -specific information rather than reflexively imposing certain buffers. The Village Council may well end up deferring to DWQ and or FWS. It is alsn no%%ihle; however, that smaller buffers will provide adequate protections for the Village and its interests. I note that the NCWF decision does not state that the 200/100 foot buffers and impervious surface threshold are absolutely required, but that they are instead protective steps that must be followed until the EMC implements site -specific stormwater control measures for the area. Those measures could include smaller buffers and/or other control mechanisms to mitigate adverse effects on the heelsplitter. They may also conclude that certain areas do not need additional protections.3 In the end, therefore, the currently proposed larger buffers might 3 The site -specific plan would be developed pursuant to 15A N.C.A.C. 213 ,0110, which provides for such plans to protect the quality of waters providing habitat for federally -listed endangered or threatened species: That rule also CLT 1082985vi not prove necessary to protect the endangered species, and I would recommend that the Village not adopt protective measures without further study and possibly site -specific coordination with FWS and DWQ.4 Again, this memorandum simply provides a summary of important points. Please let me know if you need any further analysis or detail. states that "[n]othing in this Rule shall prevent the Division from taking other actions within its authority to maintain and restore the quality of these waters." 15A N. C. A. C. 2B .0110. 4 I note that the Endangered Species Act includes a permitting process (under Section 10 of that Act) by which a "take" is allowed if it is incidental to an otherwise compliant activity. - It might be possible to explore the practicality of obtaining such a permit, or otherwise exploring a mitigation plan with FWS, if the developer's study were to demonstrate the potential for an incidental impact to the heelsplitter. I also note that obtaining such buy -in from the FWS should be to the developer's benefit, in light of the Act's potential penalties. 6 CLT 1082985A r Stage of North Carolina Department or Environment & Naturali Kesources Division. of Water Quality I :' OFFIC USE ONLY v414 .\�.4U V l�J4--V Fee Paid - Permit Number 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 SeMW;frthis}form. 0'Nr�F This application form, completed in accordance with Instructions for completing NPDES SmA M PTStormwat� URGES �J, OFFICE Permit Application (SWU-270) and the accompanying narrative documentation, completEOODB €o nce with•,' Instructions for Preparing the Comprehensive Stormwater Management Program Reporti(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. MAR 0 7 2005 I. APPLICANT STATUS INFORMATION a. Name of Public Entity Village of Marvin Seekinq Permit Coverage 1 , • b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, Town town, county, prison, SCHUUI, etc. d. Federal Standard Industrial SIC 91 — 97 Classification Code e. County(s) Union f. Jurisdictional Area (square 4.88 mi.Z miles g. Population Permanent 1,039 Seasonal (if'available) 0 h. Ten-year Growth Rate 334.73% (approximate, figure based on census tract data for area Village was not incorporated in 1990 i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION 'y SECTION a. Storm Sewer Service Area (square miles 4.88 mi.2 b. River Basin(s) Catawba C. ivuiiiue ul rniiiary Re4Givuiy Streams 4 d. Estimated percenta e of jurisdictional area containing the following four land use activities: • Residential 98.97% • Commercial 1.03% • Industrial 0.00% • Open Space 0.00% Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU-264-143102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with I ❑Yes ®No a permitted Phase I enti ? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit n Yes No with another Phase H enti" d. If so, provide the name(s) of the entity: e. Have legal agreement-, heen finalized between the co- ❑ Yes ® No permittees? 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? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC DENR • Element they will implement Sediment and Erosion Control • Contact Person Doug Miller • Contact Address 919 N. Main St., Mooresville, NC 28115 • Contact Telephone Number, 704-663-1699 c. Are IPaal anrPPmPnts in nlare to establish responsibilities? I El Yes 0 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 has been dele ated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 ' ,I NPDES RPE Stormwater Permit Application VIL SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES Stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible 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 !:Ines and imprisonment for knowing violations. Signature . Name Gordon Suhre Title Mayor Street Address 10004 New Town Rd, PO Box P.O. Box 399 City Waxhaw State NC Zip 28173 Telephone 704-843-1680 Fax 704-843-1660 E-Mail ;ordons�ahrc c�rnarvinnc.or , 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 Der��n Renee Dotson b. Title Town Administrator c. Street Address 10004 New Town Road d. PO Box P.O. Box 399 e. City Waxhaw f. State NC g. Zip 28173 h. Telephone Number 704-843-1680 i. Fax Number 704-843-1660 j. E-Mail Address renedotsonowmarvinnc.org Page 3 SWU-264-143102 ,_ , 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 N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program N/A f. National Emission Standards for Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A I'Iglll lC I"I VLCI.LIVIi I'[CSCgll.11 dIIG Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification Z. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs Page 4 5WU-264-103102 NPDES RPE Stormwater Permit Application 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 5WU-264-103102 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served The 2000 Census pennanent population for the Village of Marvin is approximately 1,039 persons. There is no reported seasonal population to which could be added to the overall population. The municipality used the website of the United States Census Bureau as well as Factfinder.coin to establish as basis for our population estimates. 1.2 Growth Rate The population growth rate for the Village of Marvin was based on the relative change between the US Census population in 1990 and 2000. The Village incorporated after 1990, so the 1990 Census population is an approximation based on the census tracts of what became the incorporated area. The estimated population in 1990 was 239 and 1,039 in 2000. This represents a 334.73% increase over ten (10) years, with an approximate annual rate 16%. 1.3 Jurisdictional and MS4 Service Areas: The current jurisdictional and MS4 service areas for the Village of Marvin are 4.88 square miles. 1.4 MS4 Conveyance System: The town currently uses pipes and open channels to control the flow of water during a storm. However, the coverage of pipes and open channels are not found throughout the town. The current system of pipes and channels does perform at an adequate rate but may be negotiated during a large outfail event. Maintenance is perfonned by NCUO'1' as needed for pipes and open channels along state -maintained roads within the town Iimits. 1.5 Land Use Composition Estimates: Residential 98.97% Commercial 1.03% Industrial 0.00% Open Space 0.00% 1.6 Estimate Methodology: The methodology used to detennine the percentages of land uses in the Village was to use a GIS and select the parcels of all non-residential uses in the municipality. We then calculated the total areas of these land uses as a percentage of the total municipal corporate area. This was not difficult because there are very few commercial and institutional uses and no protected open space. Commercial land uses include institutional uses such as churches, schools and public safety stations. Open space is defined as protected open space only. Although there are agricultural land uses in the Village, they are not protected and we counted them as residential. Overall, the municipality is characterized by low density residential development. 1.7 TMDL Identification: The Town does not currently discharge into a controlled body of water or receiving stream as defined by the EPA and/or DENR. 2. RECEIVING STREAMS — Catawba River Basin Receiving Stream Water Quality Use Support Water Quality Stream Name Segment Classification Rating Issues Sixmiie Creek 1 1-138-3 C N/R Twelvemile 1 1-138 C N/R Creek 3. EXISTING WATER QUALITY PROGRAII'IS 3.1 Local Programs: The town currently does not participate in any local water quality programs. 3.2 State Programs: Construction projects that occur within the town limits are governed in accordance with the provisions of the State Sedimentation Pollution Control Act and conducted through the Mooresville office. The town does not participate in any other state water quality programs. 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List: Public Education and Outreach Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-843-1660 karendunn@narvinne.org renedotson@marvinnc.org Public Involvement and Participation Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson Phone704-843-1680 Fax 704-843-1660 2 karendunn@narvinne.org renedotson@marvinne.org Illicit Discharge Detection and Elimination Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinne.org marvinne.org Construction Site Runoff Control Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinne.org Post -Construction Stor n Water Management in New Development and Redevelopment Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@mar-vinne.org Pollution Prevention and Good Housekeeping for Municipal Operations Town Administrator Town Administrator -Renee Dotson Phone704-843-1680 Fax 704-843-1660 renedotson@marvinnc.org 3 4.2 Organizational Chart . Town Hall Planner Consulting Engineer Town Administrator 4.3 Signing Official: Mayor Gordon Suhre 4.4 Duly Authorized Representation NIA 5. Co -Permitting Information (if applicable) Not Applicable 6. RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY ONE OR MORE PERMIT OBLIGATIONS 6.1 Name: North Carolina Department of Environmental and Natural Resources 6.2 Element to be Implemented: Sediment and Erosion Control 6.3 Contact Information for Responsible Party: Name: Doug Miller Address: 919 N. Main St. Mooresville, NC 28115 Phone:704-663-1699 6.4 Is a legal agreement in place to establish the relationship and. responsibilities of both parties? No 7. STORM WATER MANAGEMENT PROGRAM PLAN 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 7.1.1 BMP Summary Table Include Stonrn water information X X X X X Planner & will be sent in an annual mailing Town to all property owners and to all Admin. developerslbuilders operating in municipality. Track the number of inserts along with response from public Brochures and fact sheets will be X X X X X Planner & placed in the school, town hall, Town and fire department. Admin. Develop and maintain a Stonn water webpage as part of the existing Town's website. There will be a FAQ section to try and address common questions and concerns the public may have, as well as a comment/complaint section to allow interaction and public involvement. A public meeting will be held to educate the public of the rules and regulations that accompany storm water controls. X X X X X Planner & Town Admin. X X X X X Planner & Town Admin. Elementary School informational X X X X Planner & packet will be distributed to Town introduce participation programs Admin. they may partake in and the difference their efforts can make. 5 7.12 Target Audience: The target audiences for the annual mailings are all property owners and all rlrvi lnnrrre nnrl hiidrlPre nnrratino within thr tncvn limitc i�evelnnerc and ..... v... ....mot.... ., ....... .. .......... .... t.... ......b .. ....... ...� ..... .. .......... ..' � . .. �.... builder contacts will be taken from zoning records of past year. The brochures and fact sheets have a target audience of any persons which frequent the town hail, fire department, and school. The web site is targeting residential and commercial persons within the town and those persons/businesses wishing to locate within the town and gain a more in-depth understanding of storm water. The Public Meeting is targeted to gain the majority of the residences and business within the town to have the opportunity to listen and have their concerns addressed by the proper officials. School -aged children are the target for all in - school education programs. However, it is the goal of the programs to encourage interaction between children and their parents through education. 7.1.3 Target Pollution Sources: Pollutant sources targeted with the annual mailing are those which produce trash, chemicals and waste oils, fecal coii form and sediment and erosion control. The fact sheets and brochures will encompass all pollutant sources; trash, car washing, disposal of household chemicals and oils, and lawn care products. Septic systems shall be address as a target pollutant source for all BMPs mentioned above. 7.1.4 Outreach Program: The public will be informed at Ieast 25 days prior to the public meeting and participation in open discussion will be strongly encouraged. The school programs shall include Adopt -A -Stream, Adopt-A-Greenway/Trail, and stenciling of storm drains and will be made available to all residents of the town for extended outreach participation. The annual mailing will present general information as well as good housekeeping measures that can be performed on a household level. The stormwater webpage on the town's website will give contact information in addition to any documents related to stone water. It is the goal of the town that through the aforementioned BMPs that 80% of the general public within the town will gain access to storm water information. 7.1.5 Decision Process: The town decided to use the aforementioned methods because it presents the most efficient and effective educational outreach. Furthermore, the town chose the goals to which they felt would gain the broadest audience while allowing for interaction between the town officials and the general public. The responsible parties for implementing BMPs 1-5 are the Town Administrator and Planner. The Town Administrator is the most visible link between the public and town officials. The planner will provide the pertinent store water information to be found in the fact sheets, mailers, brochures and web sites. It will be through the communication and cooperative efforts of the Town Administrator and the Planner that the school educational programs will be developed and implemented. 6 7.1.6 Evaluation; The town plans to evaluate the program based on public feedback. Internally the Planning Board, Town Planner and Administrator will condnet an annual meeting to discuss if the BMPs are effective and meeting their said goals. Should any changes be necessary, DWQ will be notified annually. 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION 7.2.1 BMP Summary Table Adopt A Stream Allowing persons and X X X X X Planner & ti# + �' + x„qgk homeowners Town associations to actively Admin. maintain streams and stream banks while fa educating to the benefits of doing such dEal`# activities. W Stencilyng of Allowing persons and X X X X X Planner & u Storm Drains homeowners Town �T associations to Admin. personally take an active role and stencil -storm drains to ���, discourage dumping. Adopt A M' Allowing persons and X X X X X Planner & � V g GreenwaylTrailR `� homeowners Town : 3 ¢�i associations to actively Admin. maintain the buffers t ; trails and greenways K� and offer to adjoining �streams and waterways. Education of benefits to such efforts will be made available. 7.2.2 Target Audience: The target audience for all BMPs mentioned above is for the entire town. 7 7.2.3. Participation Program: 7.2.3.1 Adopt -A -Stream: Will allow persons and homeowners associations to become involved at a level that they are comfortable with as well as giving the flexibility of participation. 7.2.3.2 Storm Drain Stenciling: Allows a more hands on approach but on a smaller, less intense participation demand than the Adopt -A -Stream and Adopt-A-Greenway programs. 7.2.3.3 Adopt-A-Greenway/Trail: Will allow persons to become involved at a level that they are comfortable with as well as giving the flexibility of participation. 7.2.4 Decision Process: The town chose the aforementioned participation programs because it allows the residents to choose their level of involvement and to what extent they wish to participate. All the programs will allow the participants to perform their duties without conflicting; with their personal schedule while achieving the overall goals of the programs. The programs are proven and effective in neighboring municipalities and the town feels as though there will be much support among the civic organizations, homeowners associations, local businesses, the school and individuals. The education for the benefits of such pro grai- is and their effect on stone water will be included for the school and town hall through the brochures and website. The stenciling program is aimed more toward informing the public that you should think twice before pouring, washing, dumping or adding anything to our storm drains. The Adopt -A Trail and Adopt -A - Stream programs are programs the state currently supports and it is the intention of the town to utilize the current educational materials and implementation stratet7ies available_ 7.2.5 Evaluation: Evaluation of the programs will come from the feedback of the Corns-miniixr ;:s well nc vnII-;n(Y the vtTeairig And trails/urer•nutavc fniinrl within the town. Stenciling of the storm drains will be inspected on an annual basis and maintenance done as necessary. A section will be included on the town's website to allow for comments and suggestions regar- ling tl,n .-.m— — The A-11— nf'--;rlr.. nnr res:deia� dis„r�t, a: vi..:r ding rJ ui�. ljiv6i"-a. flit, u�611- v• F—e ou. l...u) town will be evident through their participation in maintaining the necessary natural controls for storm water. 8 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.3.1 BMP Summary Table A Stonn water ordinance will be developed to address a comprehensive range of illicit discharges, as well as informing of enforcement and penalties. Map will be prepared that X will illustrate outfalls, receiving streams and existing storm management systems. Develop and implement a X program to inform the public of the hazards associated with illicit discharges. Along with Good Housekeeping meetings, the pertinent staff will be taught methods for identifvin2 illicit discharges, illegal connections and the steps necessary to rectify the ,ituation. X X X Planner & Engineer X X X X Planner X X X X Planner X X X Planner & Engineer 7.32 3LOMI Sewer System Map. The town will generate a GIS-based snap as well as a paper copy which will be maintained by the planning staff and available to the public. The map shall include at minimum; location of outfalls and their receiving streams, as well as existing storm water detentions and storm drains. The E map will be delineated into quadrants in order to provide a basis for which annual inspections can be performed. 7.3.3 Regulatory Mechanism: Years 3 through 5 will have the town developing and implementing a comprehensive storn water ordinance. The ordinance will make proV:S:o�,s yr dciiriitlon, deteii%iits of iiiiCit of iiiieit iioli-Storiii water discharge, inspection of such discharge and elimination of such discharge through enforcement and penalties. i.3.4 inforcement. The ordinance will make provisions for enforcement strategies to be taken for illicit discharge violations. The strategies may include fines and civil penalties. The process shall first involve notification to the property owner allowing ample time to rectify the illicit discharge and concluding with issuance of notice of violations and fines. 7.3.5 Detection and Elimination: The town's suggested approach to detect and eliminate illicit discharges and connections will begin with a primary evaluation of the current system. Given our storm sewer map will be divided into quadrants, this will allow for ease of inspections while maintaining a methodical and organized approach to detection. Upon detection of illicit discharge or connection, the property owner will be notified or the necessary steps required remediating the situation. However, the town does not currently have the staff to perform the inspections effectively. It is the goal of the town to either hire inspection staff or contract services through an outside consultant. 7.3.5.1 Procedures for locating Priority Areas: The division of the storin sewer map will be used to perform field inspections of more aging systems within the town and will be denoted on the map. Moreover, on -site inspections may be conducted in conjunction with the annual Fire Department Hazardous Materials inspections. 7.3.5.2 Procedures for Tracing the Source: The town will train employees on illegal discharge and connection identif cation. Given our limited staff and available resources tracing the source of illicit discharge and connections will come from public comments/complaints and random on -site inspections. 7.3.5.3 Procedures for Removing the Source: Once an illicit discharge or connection has been discovered, documentation of such violation will begin. The property owner will be notified of the violation and the steps necessary to remedy NO the violation. In case of fecal coli form discharge, the Union County Health Department shall be notified immediately. 7.3.5.4 Procedures for Evaluation of Plan: The number of violations reported will be documented and the number of those violations remedied will be documented. A nPrcentage will he rletenninerl of violations in coinnarison to remediations. 7.3.6 Non -Storm water Discharges � UIh+Er l:na �.}o}inn A1�nnr�hlA ➢ Landscape irrigation Allowable 9 Diverted stream flows Allowable Rising'ground waters Allowable Uncontaminated ground water infiltration Allowable > Uncontaminated pumped ground water Allowable Discharges from potable water sources Allowable Foundation drains Allowable Air conditioning condensation Allowable Irrigation water Allowable ➢ Springs Allowable �> Water from crawl space pumps Allowable > Footing drains Allowable Lawn watering Allowable Individual residential car washing Allowable > Flows from riparian habitats and wetlands Allowable ➢ Dechlorinated swimming pool discharges Allowable Street wash water Allowable 7.3.7 Other Incidental Non -Store Water Discharges Fundraising car washes will be allowed but in limited numbers and suitable places shall be defined. Furthermore, commercial irrigation systems shall be allowed but must utilize organic fertilizers and pesticides whenever possible. 7.3.8 Outreach: It is the main goal of the town to inform all residents of the hazards associated with illicit discharges and connections. This will be achieved through the previously discussed educational and involvement programs. 7.3.9 Decision Process: The program for illicit discharge detection and elimination was chosen as being the most effective and cost efficient for the town, Through mapping, development of an ordinance and training of employees, the town hopes to establish a base for which the detection and elimination can follow. 7.3.10 Evaluation: The town plans to perform internal evaluations using violations, rernediations, public feedback and input as means for success or failure of the chosen BMPs. Should areas be found to produce less than desirable results, then changes will be made accordingly and DWQ notified immediately or any and all changes. 7.4 CONSTRUCTION SITE STORM WATER RUNOFF CONTROL The town will continue to rely on the North Carolina Department of Environmental and Natural Resources Sediment and Erosion Control Program and Division of Water Quality general stone water pennit, in addition to the North Carolina General Construction Permit for its construction activities. 7.4.1 BMP Summary Table: Pre-,.,'_��tC_ A pre -construction X X X X X Planner& s a, [., Consitructton��' meeting will be Town Ivleet�ng�x'1 conducted through the Admin. lrri r planning department to educate developers and builders of current storm water requirements. 7.4.2 Regulatory Mechanism: A prc-construction meeting will be mandatory for all builders and developers to complete annually. The meeting will inform builder and developers of current storm water regulations, requirements, enforcement and penalties that st...tl ,..,,.,.,. l;.....:,.l.,a..."... C,.,,I- I- :t,t.... ,...,.1 ,1,_..,_l,._..,.....t.._tt ..,.._ ._ .]._....._...-.._a ,,., t_.. Jhall ensue lUl vlolallons. L:ML 11u11Ue anu, Uevejope Jllall sign a document Lo be drawn up by the town's attorney stating that each builder/developer was made aware of any and all storm water regulations and intends to comply with all. The recorded document will be kept with the Town Administrator and the Planning n. Department. 7.4.3 Plan Reviews: All plans will be reviewed by the planner as well as the contract engineer. All comments shall be returned to the builder/developer for amendments to be made accordingly before resubmittal. 7.4.4 Enforcement: Enforcement shall come through random inspections to be performed by either contract consultants or future hired stal-f. Penalties shall range from tines 12 levied, injunction of pen -nits and civil penalties. The town has not detennined the exact measures penalties will take on. 7.4.5 Inspections: Random inspections shall be performed by either contract consultants or future hired staff. A report of their findings shall be documented and maintained with the planning department. 7.4.6 Public Information: A notification letter will be mailed out to all builders and developers on record with the planning department as of the previous two years. The letter will state the nature of the meeting, date, time, place and need for participation in order to receive future building pennits. 7.4.7 Decision Process: The town felt as though this BMP was the most direct and effective measure to ensure communication of current storm water regulation and requirements. The planning staff will educate builders/developers not only on the rule and regulations but educate them on the reason for the importance of understanding storm water. It is only through education can the town hope to achieve its goal of reducing and improving the quality of storm water. 7.4.8 Evaluation: Evaluation of the program will come from a survey that the builders/developers will complete upon finishing the meeting. Furthermore, success of the BMP will be determined by the number of violations conducted by those persons who participated in the pre -construction meeting. 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Program Requirements: At a minimum you must: Develop, implement, and adopt by ordinance a post -construction storm water management program to address post -construction runoff from new development and redevelopment. This shall include redevelopment projects that disturb greater than or equal to one acre, as well as projects less than one acre that are a part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4. ➢ Develop and implement strategies which include a combination or structural and/or non-structural best management practices appropriate for your community; Begin program imnlernentatinn by May 10 7009- The program shall require all projects that meet the appropriate size limitations to apply for a locally issued permit under one of the following parameters: 13 • Low Density Projects: Projects shall be permitted as low density if the project meets the following conditions: 1. No more than 2 dwelling units per acre or 24 % built -upon area (BUA) for all residential and non-residential development; 2. Storm water runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable 3. All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters 4. The pennit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restriction and protective covenants will supercede all existing restrictions and covenants. • High Density Projects: Projects exceeding the low density threshold shall implement stonn water control measures that: 1. Control and treat the difference in stone water runoff volume leaving the project site between the pre and post development conditions for the one year 24 hour stone, but no more than 120 hours. 2. All structural stone water treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal fro Total Suspended Solids (TSS). 3. All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. 4. The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restrictions and protective covenants will supercede all existing restrictions and covenants. Ensure adequate long-term operation and maintenance by the owner of BMPs. The program shall include requirements that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each structural BMP. The inspection shall be completed by a qualified professional; and A program shall be developed to control, to the maximum extent practicable, the sources,of fecal coli form. 14 i � 1 7.5.1 BMP Summary Table ainfen Initiate the X X X Planner development of standards and practices for the Phase 11 post - construction storm water management program. Develop storm X X X X X Planner water permitting program and plan review process in years 3-4. Educate the development community on the requirements of the program throughout years 1-5. Implementation shall occur in May 2009. In year 3, begin X X X Planner & developing a Engineer program that requires the yearly inspection and certification of on -site structural BMPs. By year 4-5 implementation of such program will begin as well as documentation of completed inspections 15 Establish a X X Planner & program to inform Engineer developer/builders and the public regarding proper operation and maintenance of on -site ( wastewater treatment systems 441 �x ' a> for domestic 1"V` wastewater, In ,v conjunction with `�''r�r'�'�7t �r`�4(�r�'� ;;��,, ��`•"„?..:'�; the Union County Health e. F)f-nnrtrnPnt 7.5.2 Non-structural BMPs Landscape and buffer regulations are required for all new development and redevelopment. 'Greenway planning is currently underway as well as trail planning. Alternative detention systems are encouraged, final approval of system must come from town's contract engineer: 7.5.3 Structural BMPs Current development standards state that all developments shall have drainage systems based on minimum 10 year design stone events. Alternative detention systems are encouraged, final approval of system must come from town's contract engineer. 7.5.4 Regulatory Mechanism The goalul 'the tV WII IS tQ dCVell}p its stol111 water ordinarllL iJost- construction development controls will address the required elements of the North Carolina temporary rules. Site design regulations and BMPs will be concluded from those defined in the North Carolina model ordinance to be developed for Phase 11 communities. 7.5.5 Operation and Maintenance It is the town's intent that all maintenance and inspections of structural BMPs be the responsibility of the developer/builder/ resident/I homeowner's association, whichever applies. A designated staff person for the town will be responsible for obtaining annual maintenance inspection reports from qualified professionals. The aforementioned staff person will then report the number of inspections, notifications and corrective actions completed in the annual report. 16 7.5.6 Decision Process It is the goal of the town to meet the minimum program requirements by May 2009. Cooperative strategies between the town and the Union County Health Department will need to be developed to effectively address the matter of containing fecal coli form bacteria. 7.5.7 Evaluation Internal review of the program shall be conducted annually and changes made accordingly. Any and all changes will be reported to DWQ immediately. 7.6 POLLUTION PREVENTION & GOOD HOUSEKEEPING MEASURES Program Requirements: Implement a pollution prevention and good housekeeping program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those sources. The town does not own, operate or maintain any municipal operations. 7.6.1 BMP Summary Table Developand In year-3 develop and X X X Town implement implement a program to Admin. tramingr, educate town employees �progra s for on clean water issues, town storm water pollution employee s�' prevention and proper. a� disposal of materials. 7 h ') rlaricinn PrnrPcc Given that the town does not own, operate or maintain any operations, education of town employees is the only viable option the town can submit to comply with the Pollution Prevention and Good Housekeeping measure. 7.6.3 Evaluation The town will evaluate the educational program of town employees through effective measures taken personally by each employee. 17 r NCDENR North Carolina Department of Environment and Natural Reseals Division of Water Quality f � �... vA.l Michael F. Easley, Governor Rene Dotson, Village Administrator Village of Marvin P.O. Box 399 Waxhaw, North Carolina 28173 Dear Ms. Dotson; August 14, 2007 AUG 1 5 2007 W S r"►. � 1� T t '.r Subject: Request to rescind Permit # NCS000496 The Division of Water Quality has received and approved your request, dated August 10, 2007, to rescind your Phase. T1 Municipal C_parate Storm Sever Sys— (KAQA) Permit, I-Iuml-er, Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification on August 13, 2007, constitutes notice that the Village of Marvin, identified in Section I, 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 the Village of Marvin does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR 122 and therefore is not currently subject to the Phase II Municipal Separate Storm Sewer Sysem (MS4) NPDES program. However, new development within the Village of Marvin will be subject to the Post -construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Goose Creek and Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina Heelsplitter. These requirements include 100-foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low density threshold of 10 percent BUA. If you have any questions concerning the Stormwater Non-ownership/Non-operation Certification or the Phase II MS4 requirements, please contact Mike Randall at telephone number 9I91733-5083 ext. 545. Sincerely, Mike Randall cc: Central Files Stormwater and General Permit Unit Files Mooresville Regional Office? 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NO�h Carolina Phone: 919-733-7015 / FAX: 919-733.249611nternel: h2o.enr.state.nc.us „� - y� An Equal OpportunitylAfiirmative Action Employer — 50% Recycled110% Post Consumer Paper 1vau ally 0 VILLAGE OF MARVIN P.O. Box 399 ! Waxhaw, NC j 28173 1 Tel: (704) 843-1680 1 Fax: (704) 843-1660 1 www.m August 10, 2007 Mr. Mike Randall�� Division of Water Quality, Stormwater, and General Permits Unit North Carolina Department of Environmental and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Waiver Request- National Pollutant Discharge Elimination System, Phase ft Stormwater Discharges from Small Municipal Separate Storm Sewer Systems: Permit NO. NCS000486 effective October 1, 2005 Dear Mr. Randall, The Village of Marvin requests that permit #NCS000486 be rescinded thereby granting an exemption of the requirements associated with Phase II of the National Pollutant Discharge EIimination System for the following reasons; 1. drvin's population is approximately 2500 (less than 10,000). 2. Marvin does not own or operate any small Municipal Separate Storm Sewer Systems (MS4s). We ask that the State review this request and notify Rene Dotson, Village Administrator if there are any questions related to its status. It is our understanding that granting this request,will rescind the Village's current permit #NCS000486. However, it is also understood that if - circumstances change, Marvin may subsequently be required to seek coverage under an NPDES permit in the future. Please see attached STORMWATER NON -OWNERSHIP / NON - OPERATION CERTIFICATION FORM signed by Mr. Mike Cognac, Mayor of the Village of Marvin. Please contact me at.704-843-1.680 if you need additional information. I appreciate your assistance and thank you in advance for your help with this matter. Sincprciv, Ren otson Village Administrator State of North.Carolina Department of,Environment & Natural Resources Division of Water Quality OFFIC USE ONLY.. '. . Date Rec'd BIMS Cert. Number This form is for us6�by,Regulated Public Entities (RPE), pursuant to Title 15A North Carolina Administrative Code 2H .0126, to certify that they do nat own or operate a small MS4. I. APPLICANT STATUS INFORMATION Name of Regulated Public Entity VILLAGE OF MARVIN Status (federal, state, public, or PUBLIC other) Type of Public Entity (city, town, VILLAGE/TOWNG county, prison, school etc. ;r G County(s) UNION 1 RPE Jurisdictional Area in square 7 (approximately) i'� miles.o TT. OF f%rl TnPJAI TTnw.ni TTPERMITTING 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 ❑X No SWU-264 and a Comprehensive Stormwater Management Program Report). [Armre exercising your option to apply for Permit by Rule status? If yes, submit This❑ Yes ❑X No aionq 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 forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including. the possibility of fines and i prisonment for knowing violations. Signature Print Name N CIARAMELLA Title ­MAYOR POR TEM Street Address 10004 NEW TOWN ROAD PO Box PO BOX 399 City MARVIN State NC Zip 28173 Telephone 704-843-1680 . Fax 704-843-1660 E-Mail renedotson@marvinnc.org SWU-266-103102 otoF W q r�9QG B > Jonathon Edwards, Senior Planner Village of Marvin P.O. Box 399 Waxhaw, North Carolina 28173 Dear Mr. Edwards: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen N. Sullins, Director Division of Water Quality October 3, 2007 Subject: Post -Construction Requirements 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 the National Pollutant Discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999, and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase 11 program expands the Phase 1 program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the,unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase 1I Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of the Bureau of Census defined "urbanized area" based on the latest decennial Census. The Village of Marvin was notified in writing on November 6, 2002, that it had been identified as being located within a census designated urbanized area. As a regulated public entity, the Village of Marvin was required to: 1. File a certification that the Village of Marvin does not own or operate a small MS4 2. Request a waiver, or 3. Develop a written stormwater management program and submit the stormwater management plan along with an application for a Phase I1 Stormwater Discharge Permit. ON Nor� Carolina Natma!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.newateruualitv.ore Localion: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper The Village of Marvin developed a written stormwater management program and on May 7, 2004, submitted the stormwater management plan along with an application for a Phase I1 Stormwater Discharge Permit. On September 12, 2005 the Village of Marvin was issued an NPDES Phase II Stormwater Permit. Under the conditions of their permit, the Village of Marvin was required to develop and implement a Stormwater Management Plan that addresses the following six minimum control measures: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post -Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations On August 10, 2007, the Village of Marvin requested that Permit No. NCS000486 be rescinded granting them an exemption from the requirements associated with Phase II of the NPDES. Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification received on August 13, 2007, constitutes notice that the Village of Marvin does not own or operate a small MS4 as defined in 40 CFR 122. By signing and submitting Form SWU-266, the signing official certified that the Village of Marvin does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR 122 and therefore,is not currently subject to the Phase Ii Municipal Separate Storm Sewer System (MS4) NPDES program. However, new development within the Village of Marvin is subject to the Post - construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina Heelsplitter. These requirements include 100- foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low -density threshold of 10 percent BUA. On February 22, 2007, biologist with the Catena Group and the U.S. Fish and wildlife recorded the presence of the Carolina heelsplitter, a federally -listed threatened and endangered species, in the Sixmile Creek, along the Mecklenburg -Union County ime, in the vicinity of Marvin Road (SR 3635 in Mecklenburg and SR 1312 in Union County). Certain waters provide 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 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. As such, new development shall incorporate site -specific stormwater management requirements for streams supporting federally - listed threatened and endangered species required by site -specific management plans and schedules developed under provisions of 15A NCAC 2B .0110. 4 Included, herein is a document compiled by DWQ Staff, in response to an Administrative Law Judge (ALJ) Decision in the Case of NC Wildlife Federation and the Central Piedmont Group of the NC Sierra Club vs. the NC Division of Water Quality, as a means to provide auultional clarifying rrllurmation and technical ical support regarding post -4olll Lr i C Lr 011, LV1111 W d LGl management measures for streams supporting federally -listed threatened and endangered aquatic animal species, specifically the federally -listed Carolina Heelsplitter where no site -specific management plan has been developed. For streams supporting federally -listed threatened and endangered species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed until a comprehensive site specific management plan under provisions of 1 SA NCAC 213 .0110 is adopted by the Environmental Management Commission (EMC). A perennial and intermittent stream 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 may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). Six Mile Creek and Marvin Branch are perennial streams except near the headwaters. McBride Branch is a perennial stream. The DWQ Mooresville Regional Office will make the final determination as to where Six Mile Creek and Marvin Branch are perennial streams or intermittent. In addition, Six Mile Creek is impaired from its headwaters to the state line and has been placed on the list of North Carolina's impaired waters under Section 303(d) of the Clean Water Act. A project may be permitted as a low -density project if it meets the following_ requirements: • All built upon area shall be limited to 10 percent. • Use of vegetated conveyances to the maximum extent practicable; • Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. A project exceeding 10 percent built upon area shall be permitted as a high -density project if it meets the following requirements: • The stormwater control measures must control and treat the difference between the pre - development and post -development conditions for the I -year 24-hour storm. • Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; • All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; • Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c) or a locally approved stormwater management manual and Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. prn riria n marhnnicm fn . ,,...., r,.....�.....,................. ....�. Management Practices. 1 hope this helps. If you have any questions concerning post -construction requirements along Six Mile Creek and its tributaries, please contact me at telephone number 919/733-5083 ext. 545. Sincerely, Mike Randall CC' Central Files Stormwater and General Permit Unit Files Mooresville Regional Office POST -CONSTRUCTION STORMWATER MANAGEMENT MEASURES FOR STREAMS SUPPORTING FEDERALLY -LISTED TIiREATENED AND ENDANGERED AQUATIC ANIMAL SPECIES Overview Certain waters provide 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 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to uic suppoft. and maiiiic ri[nw oa a balanced anu iiiui��iivuo Cvii..iaun:1Jit V. �-.1-- and thereby protects the biological integrity of the waters. The permittee shall incorporate site -specific stormwater management requirements for streams supporting federally -listed threatened and endangered aquatic animal species required by site - specific management plans and schedules developed under provisions of 15A NCAC 2B .0110. This document was compiled by DWQ Staff, in response to an Administrative Law Judge (ALJ) Decision in the Case of NC Wildlife Federation and the Central Piedmont Group of the NC Sierra Club vs. the NC Division of Water Quality, as a means to provide additional clarifying information and technical support regarding post -construction stormwater management measures for streams supporting federally -listed threatened and endangered aquatic animal species, specifically the federally -listed Carolina Heelsplitter where no site -specific management plan has been developed. Post -Construction Runoff Controls Objectives The objectives for post -construction site runoff controls is to: Manaor. etnrmwatPr ninnff frnm nPw rievplonment that disturb.q 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. Provide a mechanism to require long-term operation and maintenance of Best Management Practices (BMPs). Ensure controls are in place to minimize water quality impacts. BMPs for Post -Construction Site Runoff Controls For streams supporting federally -listed threatened and endangered species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed until a comprehensive site specific management plan under provisions of 15A NCAC 2B A 110 is adopted by the Environmental Management Commission (EMC). A perennial and intermittent stream 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 may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). Intermittent Streams An intermittent stream is defined as "a stream that flows only during wet periods of the year (30% - 90% of the time) and flows in a continuous well-defined channel." During L y pert ioLL ds, estleGlaily 111 JLLIIliLICI iitUllLns, lTklermlilell[ streams may g0 ❑OWn t0 a trickle of water and make it appear dry, when in fact there is water flowing through the stream bottom or "substrate". This is usually caused by the seasonal changes of the local soil water table or during periods of long term drought. Perennial Streams Perennial streams are streams "that flow throughout a majority of the year (greater than 90% of the time) and flow in a well-defined channel." However, perennial streams can still `dry up', particularly during extended periods of drought. Therefore when classifying stream type, it is important to check appropriate map resources and seek assistance from a professional who has been trained in stream determination. US Geological Survey (USGS) Topographic ("topo") maps at the 1:24000 scale, also known as the "7%z Minute Series". An on-line version of USGS 1:24000 topographic maps can be viewed at To oZone.com [Note: When you access Topozone's NC map products, use the 1:25000 (metric) icon; these maps are actually 1:24000 scale. The USGS has not yet completed conversion of NC maps to the metric scale]. These USGS maps (1:24000, T/z Minute Series) can also be obtained through the North Carolina Geological Sur.,e . Impervious surfaces, ditches, pipes, roads, and utility lines (sewer, water, gas, transmission lines, etc.) and other infrastructures that require maintained cleared right -or -way and/or'affect the functions and values of undisturbed buffers should not occur within the buffers. Any unavoidable crossings of the buffers should be a narrow as possible and should be perpendicular to the buffers and stream channel. All stromwater outlets should drain through vegetated upland area prior to reaching any stream or wetland area. A project may be permitted as a low -density project if it meets the following requirements: All built upon area shall be limited to 10 percent. Use of vegetated conveyances to the maximum extent- practicable; Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. A project exceeding 10 percent built upon area shal I be permitted as a high -density project if it meets the following requirements: • The stormwater control measures must control and treat the difference between the pre - development and post -development conditions for the 1-year 24-hour storm. • Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; • All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; • Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A Ni--'AC 2H .1008(c) or a locally approved stormwater management manual and • Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. • Provide a mechanism to require lone -term operation and maintenance of Rest Management Practices V tl Village of Marvin 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 the 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 la4cgVi.les of industrial ilusl1Aa! activity. The N'r DES Ston--WatCi Phase 11 T Final Rule UIe WdS promillgateo 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 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase lI 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 II Final Rule requires nationwide coverage of all operators of small MS4s that arc located within the boundaries of the Bureau of Census defined "urbanized area" based on the latest decennial Census. The Village of Marvin was notified in writing on November 6, 2002, that it had been identified as being located within a census designated urbanized area. As a regulated public entity, the Village of Marvin was required to: 1. File a certification that the Village of Marvin does not own or operate a small MS4 Acq G. 1\Gf.tLLest a waiver, or 3. Develop a written stormwater management program and submit the stormwater management plan along with an application for a Phase II Stormwater Discharge Permit The Village of Marvin developed a written stormwater management program -and on May 7, 2004, submitted the stormwater management plan along with an application for a Phase II Stormwater Discharge Permit. On September 12, 2005 the Village of Marvin was issued an NPDES Phase II Stormwater Permit. Under the conditions of their permit, the Village of Marvin was required to develop and implement a Stormwater Management Plan that addresses the following six minimum control measures: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post -Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations On August 10, 2007, the Village of Marvin requested that Permit No. NCS000486 be rescinded granting them an exemption from the requirements associated with Phase II of the NPDES. Submission of Form SWU-266, Stormwater Nan-ownership/Non-operation Certification received on August 13, 2007, constitutes notice that the Village of Marvin does not own or operate a small MS4 as defined in 40 CFR 122. By signing and submitting Form SWU-266, the signing official certified that the Village of Marvin does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR 122 and therefore is not currently subject to the Phase. II Municipal Separate Storm Sewer System (MS4) NI)DES program. However, new development within the Village of Marvin is subject to the Post -construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina Heelsplitter. These requirements include 100-foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low -density threshold of 10 percent BUA. Six Mile Creek, McBride Branch and Marvin Branch A perennial and intermittent stream 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). A perennial is indicated with a solid blue line and intermittent stream with a dashed blue line. Relief from this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). Six Mile Creek and Marvin Branch are perennial streams except near the headwaters. McBride Branch is a perennial stream. The DWQ Mooresville Regional Office will make the final determination as to where Six Mile Creek and Marvin Branch are perennial streams or intermittent. In addition, Six Mile Creek is impaired from its headwaters to the state line and has been placed on the list of North Carolina's impaired waters under Section 303(d) of the Clean Water Act. For streams supporting federally -listed threatened and endangered aquatic animal species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed, including tributaries, such as McBride Branch, until a comprehensive site specific management plan under provisions of 15A NCAC 28..0110 is adopted by the Environmental Management Commission (EMC). Carolina Heelsplitter On February 22, 2007, biologist with the Catena Group and the U.S. Fish and wildlife recorded the presence of the Carolina heelsplitter, a federally -listed threatened and endangered species, in the Sixmile Creek, along the Mecklenburg -Union County line, in the vicinity of Marvin Road (SR '3635 in Mecklenburg and SR 1312 in Union County). o�0� wAr�gQ� > r Q ~< Jonathon Edwards, Senior Planner Village of Marvin P.O. Box 399 Waxhaw, North Carolina 28173 Dear Mr. Edwards: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen li. Sullins, Director Division or Water Quality October 3, 2007 Subject: Post -Construction Requirements 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 the National Pollutant Discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in December 1999, and is the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase I1 Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of the Bureau of Census defined "urbanized area" based on the latest decennial Census. The Village of Marvin was notified in writing on November 6, 2002, that it had been identified as being located within a -census designated urbanized area. As a regulated public entity, the Village of Marvin was required to: 1 n' 1 _ _ - - --a C r _ _ [ _ . _ • 1 _ _ • 1 _ _ r [ 11 _ _ _ _ I` 1 l _ .. does - - not own .. _ 11 \ l !Y J t. rite a certurcatturt urat the v ulage of lvrarvin uues nut own -or operate a small 1v1��+ 2. Request a waiver, or 3. Develop a written stormwater management program and submit the stormwater management plan along with an application for a Phase II Stormwater Discharge Permit. No� Carolina Nalval y North Carolina Division of Water Quality 1617 Mail Service Center Ralcigh, NC 27699-1617 Phone (919) 733-5083 Customer Service lntcmct: www.newatcrAkLality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623.6748 An Equal OpportunitylABirmative Action Employer — 50% Recycled/l0% Post Consumer Paper The Village of Marvin developed a written stormwater management program and on May 7, 2004, submitted the stormwater management plan along with an application for a Phase 1I Stormwater Discharge Permit. On September 12, 2005 the Village of Marvin was issued an NPDES Phase II Stormwater Permit. Under the conditions of their permit, the Village of Marvin was required to develop and implement a Stormwater Management Plan that addresses the following six minimum control measures: 1. Public Education and Outreach on Stormwater Impacts 2. Public lnvolvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post -Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations On August 10, 2007, the Village of Marvin requested that Permit No. NCS000486 be rescinded granting them an exemption from the requirements associated with Phase 11 of the NPDES. Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification received on August 13, 2007, constitutes notice that the Village of Marvin does not own or operate a small MS4 as defined in 40 CFR 122. By signing and submitting Form SWU-266, the signing official certified that the Village of Marvin does not currently own or operate a municipal separate storm sewer system-(MS4) as defined in 40 CFR 122 and therefore is not currently subject to the Phase 11 Municipal Separate Storm Sewer System (MS4) NPDES program. However, new development within the Village of Marvin is subject to the Post - construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina Heelsplitter. These requirements include 100- foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low -density threshold of 10 percent BUA. On February 22, 2007, biologist with the Catena group and the U.S. Fish and wildlife recorded the presence of the Carolina heelsplitter, a federally -listed threatened and endangered species, in the Sixmile Creek, along the Mecklenburg -Union County line, in the vicinity of Marvin Road (SR 3635 in Mecklenburg and SR 1312 in Union County). Certain waters provide critical habitat for federally -listed aquatic animal species that are I:,.4,_.3 .... 4l-_.....a..__A ... ....J----._.-..1 t. aL IT C� C:..1.. ,... ,1 1i 7:1.11:C C�,.. .: ,... ,.«7�T,. a..«..1 11 �i,...:.,... 11JLGU d, Ll11GdLG11GU Ur e11Ud11YC;1GU U�• L11G V.J. l'IJ11 d1lU YY 11Ul I1G JGI %7tce Ul ational 1VId111 v, Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the slmnort and maintenance of a balanced and indivenous community of aquatic orvanism.s and thereby protects the biological integrity of the waters. As such, new development shall incorporate site -specific Stormwater management requirements for streams supporting federally - listed threatened and endangered species required by site -specific management plans and schedules developed under provisions of 15A NCAC 2B .0110. Included, herein is a document compiled by DWQ Staff, in response to an Administrative Law Judge (AU) Decision in the Case of NC Wildlife Federation and the Central Piedmont Group of the NC Sierra Club vs. the NC Division of Water Quality, as a means to provide additional clarifying information and technical support regarding post -construction stormwater management measures for streams supporting federally -listed threatened and endangered aquatic animal species, specifically the federally -listed Carolina Heelsplitter where no site -specific management plan has been developed. For streams supporting federally -listed threatened and endangered species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed until a comprehensive site specifie management plan under provisions of 15A NCAC 2B .0110 is adopted by the Environmental Management Commission (EMC). A perennial and intermittent stream 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 may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a), Six Mile Creek and Marvin Branch are perennial streams except near the headwaters. McBride Branch is a perennial stream. The DWQ Mooresville Regional Office will make the final determination as to where Six Mile Creek and Marvin Branch are perennial streams or intermittent. In addition, Six Mile Creek is impaired from its headwaters to the state line and has been placed on the list of North Carolina's impaired waters under Section 303(d) of the Clean Water Act. A project may be permitted as a low -density project if it meets the following requirements: • All built upon area shall be limited to 10 percent. • Use of vegetated conveyances to the maximum extent practicable; • Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. A project exceeding 10 percent built upon area shall be permitted as a high -density project if it meets the following requirements: • The stormwater control measures must control and treat the difference between the pre - development and post -development conditions for the 1-year 24-hour storm. • Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; • All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; • Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 211 .1008(c) or a locally approved stormwater management manual and Deed restrictions and protective covenants are required by the development to ensure that .subsequent development activities maintain the development consistent with the approved plans. Provide a mechanism to require long-term operation and maintenance of Best Management Practices. I hope this helps. if you have any questions concerning post -construction requirements along Six Mile Creek and its tributaries, please contact me at telephone number 9191733-5083 ext. 545. Sincerely, Mike Randall cc: Central Files Stormwater and General Permit Unit Files Mooresville Regional Office R POST -CONSTRUCTION STORMWATER. MANAGEMENT MEASURES FOR STREAMS SUPPORTING FEDERALLY -LISTED THREATENED AND ENDANGERED AQUATIC ANIMAL SPECIES Overview Certain waters provide critical habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or Naiionai Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and -thereby protects the biological integrity of the waters. The permittee shall incorporate site -specific stormwater management requirements for streams supporting federally -listed threatened and endangered aquatic animal species required by site - specific management plans and schedules developed under provisions of 15A NCAC 2B .0110. This document was compiled by DWQ Staff, in response to an Administrative Law Judge (ALJ) Decision in the Case of NC Wildlife Federation and.the Central Piedmont Group of the NC Sierra Club vs. the NC Division of Water Quality, as a means to provide additional clarifying information and technical support regarding post -construction stormwater management measures for streams supporting federally -listed threatened and endangered aquatic animal species, specifically the federally -listed Carolina Heelsplitter where no site -specific management plan has been developed. Post -Construction Runoff Controls Objectives The objectives for post -construction site runoff controls is to: • Manage stormwater runoff from new development that 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. • Provide a mechanism to require long-term operation and maintenance of Best Management Practices (BMPs). • Ensure controls are in place to minimize water quality impacts. BMPs for Post -Construction Site Runoff Controls For streams supporting federally -listed threatened and endangered species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intcrmittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed until a comprehensive site specific management plan under provisions of 15A NCAC 213 .0110 is adopted by the Environmental Management Commission (EMC). A perennial and intermittent stream 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 may be allowed when surface waters are not present in accordance with the provisions of I5A NCAC 02B .0233(3)(a). intermittent Streams An intermittent stream is defined as "a stream that flows only during wet periods of the year (30% - 90% of the time) and flows in a continuous well-defined channel." During dry periods, especially in summer months, intermittent streams may go down to a trickle of water and make it appear dry, when in fact there is water flowing through the stream bottom or "substrate". This is usually caused by the seasonal changes of the local soil water table or during periods of long term drought. Perennial Streams Perennial streams are streams "that flow throughout a majority of the year (greater than 90% of the time) and flow in a well-defined channel." However, perennial streams can still `dry up', particularly during extended periods of drought. Therefore when classifying stream type, it is important to check appropriate map resources and seek assistance from a professional who has been trained in stream determination. US Geological Survey (USGS) Topographic ("topo") maps at the 1:24000 scale, also known as the "7'/z Minute Series". An on-line version of USGS 1:24000 topographic maps can be viewed at TopoZone.com [Note: When you access Topozone's NC map products, use the 1 :25000 (metric) icon; these maps are actually 1:24000 scale. The USGS has not yet completed conversion of NC maps to the metric scale). These USGS maps (1:24000, 7% Minute Series) can also be obtained through the North Carolina Geological Survey. Impervious surfaces, ditches, pipes, roads, and utility lines (sewer, water, gas, transmission lines, etc.) and other infrastructures that require maintained cleared right -or -way and/or affect the functions and values of undisturbed buffers should not occur within the buffers. Any unavoidable crossings of the buffers should be a narrow as possible and should he nemendir_ninr to the buffers and stream channel. All stromwater outlets should drain through vegetated upland area prior to reaching any stream or wetland area. A project may be permitted as a low -density project if it meets the following requirements: All built upon area shall be limited to 10 percent. Use of vegetated conveyances to the maximum extent practicable; Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. A project exceeding 10 percent built upon area shall be permitted as a high -density project if it meets the following requirements: • The stormwater control measures must control and treat the difference between the pre - development and post -development conditions for the 1-year 24-hour storm. • Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; • All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; • Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c) or a locally approved stormwater management manual and • Deed restrictions and protective covenants are required by the development to ensure that subsequent development activities maintain the development consistent with the approved plans. • Provide a mechanism to renuire long-term operation and maintenance of Rest Management Practices Village of Marvin 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 the 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 Lategl111ej of If1UUJLlIdI activity. ii1G AV i"1_II=,J JLUr111waler rnase l.i Final ICUIe 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 stornwater 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 lI 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 II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of the Bureau of Census defined "urbanized area" based on the latest decennial Census. The Village of Marvin was notified in writing on November 6, 2002, that it had been identified as being located within a census designated urbanized area. As a regulated public entity, the Village of Marvin was required to: 1. File a certification that the Village of Marvin does not own or operate a small MS4 n �. KcqutSt a waiver, or 3. Develop a written stormwater management program and submit the stormwater management plan along with an application for a Phase II Stormwater Discharge Permit The Village of Marvin developed a written stormwater management program and on May 7, 2004, submitted the stormwater management plan along with an application for a Phase II Stormwater Discharge Permit. On September 12, 2005 the Village of Marvin was issued an NPDES Phase II Stormwater Permit. Under the conditions of their permit, the Village of Marvin was required to develop and implement a Stormwater Management Plan that addresses the following six minimum control measures: I. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post -Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations On August 10, 2007, the Village of Marvin requested that Permit No. NCS000486 be rescinded granting them an exemption from the requirements associated with Phase ll of the NPDES. Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification received on August 13, 2007, constitutes notice that the Village of Marvin does not own or operate a small MS4 as defined in 40 CFR 122. By signing and submitting Form SWU-266, the signing official certified that the Village of Marvin does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR 122 and therefore is not currently subject to the Phase. II Municipal Separate Storm Sewer System (MS4) NPDES program. However, new development within the Village of Marvin is subject to the Post -construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carolina Heelsplitter. These requirements include 100-foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low -density threshold of 10 percent BUA. Six Mile Creek, McBride Branch and Marvin Branch A perennial and intermittent stream 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). A perennial is indicated with a solid blue line and intermittent stream with a dashed blue line, Relief from this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a). Six Mile Creek and Marvin Branch are perennial streams except near the headwaters. McBride Branch is a perennial stream. The DWQ Mooresville Regional Office will make the final determination as to where Six Mile Creek and Marvin Branch are perennial streams or intermittent. in addition, Six Mile Creek is impaired from its headwaters to the state line and has been placed on the list of North Carolina's impaired waters under Section 303(d) of the Clean Water Act. For streams: supporting federally -listed threatened and endangered aquatic animal species new development shall maintain two -hundred foot undisturbed buffers on perennial streams; one hundred foot undisturbed buffers on intermittent streams and a ten percent impervious surface threshold for engineered stormwater management throughout the watershed, including tributaries, such as McBride Branch, until a comprehensive site specific management plan under provisions of 15A NCAC 2B .0110 is adopted by the Environmental Management Commission (EMC). Carolina Heelsplitter On February 22, 2007, biologist with the Catena Group and the U.S. Fish and wildlife recorded the presence of the Carolina heelsplitter, a federally -listed threatened and endangered species, in the Sixmile Creek, along the Mecklenburg -Union County line, in the vicinity of Marvin Road (SR 3635 in Mecklenburg and SR 1312 in Union County). 4F� 9 VILLAGE OF MARVIN P.O. Box 399 1 Waxhaw, NC 1 28173 1 Tel. (704) 843-1680 1 Fax: (704) 843-1660 1 www.niarvinnc.org \rH rnRo� September 18, 2007 Mike Randall ' D �19 1ItW 1 Division of Water Quality North Carolina Department of Environment and Natural Resources Stormwater Permitting Unit 5EP 512 North Salisbury Street Raieigh, NC 27604 Dear Mr. Randall: The Village of Marvin is requesting information from you or your agency in regards to the application of the Phase II Stormwater exemption that the Village recently received from the state. Being that the Six Mile Creek borders Mecklenburg County and our Village, the Village Council would like to know more about the Phase i1 Stormwater exemption in terms of the following: • Does a 100-foot or 200-foot mile wide buffer apply with respect to Six Mile Creek and its tributaries? • Are Six Mile Creek and its tributaries intermittent or perennial streams? What does this mean for the Village, and would you like to speak to our Council regarding Phase II? • What are the state regulations utilized given the Phase II exemption? In addition, we would like to know any information you or your agency might have regarding the Carolina heelsplitter in the Six Mile Creek area. In particular, we would like to know the following: • Is the Carolina heelsplitter present in Six Mile Creek and its tributaries in the Village of' Marvin? If so, where? • Could you send someone to verify that there is or is not a Carolina heelsplitter habitat present 1n Six Mile Creek and its tributaries in the `village of' Marvin, along with speaking to our Council on the heelsplitter issue? • What would apply in terms of stream buffers for the heelsplitter i f it is present in the Six Mile Creek and its tributaries for the Village of Marvin? What if it is not present'? 1 f' you could please respond back to us in writing on both of these issues as soon as possible, this would be greatly appreciated. Thank you for your time and attention. Sincerely, . onathon Edwards, Senior Planner Village of Marvin; NC r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael'F. Easley, Governor August 14, 2007 Rene Dotson, Village Administrator Village of Marvin P.O. Box 399 Waxhaw, North Carolina 28173 William G. Ross, Jr., Secretary Coleen Sullins, Director Subject: Request to rescind Permit # NCS000486 Dear Ms. Dotson; The Division of Water Quality has received and approved your request, dated August 10, 2007, to rescind your Phase 1I Municipal Separate Storm Sewer Sysem (MS4) Permit, Number. Submission of Form SWU-266, Stormwater Non-ownership/Non-operation Certification on August 13, 2007, constitutes notice that the Village of Marvin, identified in Section I, 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 the Village of Marvin does not currently own or operate a municipal separate storm sewer system (MS4) as defined in 40 CFR I22 and therefore is not currently subject to the Phase 11 '-MunicipaI'Separate Storm Sewer Sysem (MS4) NPDES program, However, new development within the Village of Marvin will be subject to the Post -construction requirements of Session Law 2006-246 as administered by the Division of Water Quality. Further, within the Goose Creek and Six Mile Creek watershed, new development activities are subject to more stringent requirements as a result of an Administrative Law Judge ruling and EMC decisions relating to the protection of the Carumia neeispiitter. These requirements include 100-foot and 200-foot buffers (for intermittent and perennial streams, respectively) and a low density threshold of 10 percent BUA. If you have any questions concerning the Stormwater Non-ownership/Non-operation Certification or the Phase 11 MS4 requirements, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Mike Randall cc: Central Files Stormwater and General Permit Unit Files,' Mooresville Regional Office 1617 Mail Service Center, Raleigh, NoAh Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina Phone: 919-733-7015 1 FAX: 919-733-24961Internet: h2o.enr.state,nc.us „o ,. An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper vatulwaiy VILLAGE OF MARVIN P.O. Box 399 1 Waxhaw, NC 1 28173 E Tel: (704) 843-1680 1 Fax: (704) 843-1660 1 wwvv.m August 10, 2007 Mr. Mike Randall Division of Water Quality, Stormwater, and General Permits Unit North Carolina Department of Enviromnental and Natural Resources. 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Waiver Request- National Pollutant Discharge Elimination Svstem; Phase IT Stormwater Discharges from Small Municipal Separate Storm Sewer Systems: Permit NO. NCS000486 effective October 1, 2005 Dear Mr. Randall, The Village of Marvin requests that permit #NCS000486 be rescinded thereby granting an exemption of the requirements associated with Phase II of the National Pollutant Discharge Elimination System for the following reasnns_ 1. Marvin's population is approximately 2500 (less than 10,000). .2. Marvin does not own or operate any small Municipal Separate Storm Sewer Systems (MS4s). We ask that the State review this request and notify Rene Dotson, Village Administrator if there are any questions related to its status. It is our understanding that granting this request will rescind the Village's current permit #NCS000486. However, it -is also understood that if circumstances change, Marvin may subsequently be required to seek coverage under an NPDES permit in the future. Please see attached STORMWATER NON -OWNERSHIP / NON - OPERATION CERTIFICATION FORM signed by Mr. Mike Cognac, Mayor of the Village of Marvin. Please contact me at 704-843-1680 if you need additional information. I appreciate your assistance and thank you in advance for your help with this matter. Sinc , Ren otson Village Administrator State of North Carolina OFFIC USE ONLY : ! Department of Environment & Natural Resources Date Rec'd Division of Water Quality RIMS 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 VILLAGE OF MARVIN Status (federal, state, public, or PUBLIC other Type of Public Entity (city, town, VILLAGE/TOWN county, prison,school etc.)G County(s) UNION 'n ° RPE Jurisdictional Area in square 7 (approximately) s^° miles. tT nnrrnN+AL PERMITTING OPPORTUNITIES ii. �/. 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 ❑X No SWU-264 and a Comprehensive Stormwater Management Program Report). Are exercising your option to apply for Permit by Rule status-7 if yes, su❑rnu this ❑yes ❑X No form alon 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 i prisonment for knowing. violations. Signature Print Name N CIARAMELLA Title IMAYOR POR TEM Street Address 10004 NEW TOWN ROAD PO Box PO BOX 399 City MARVIN State NC Zip 28173 Telephone 704-843-1680 Fax 704-843-1660 E-Mail renedotson@marvinnc.org SWU-266-103102 2. d. W AT �9pG r o -c 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): DOCUMENTS REVIEWED RECEIVED Michael F, f:asley, Governor William G. Ross Jr., Secretary JU N 0 7 2005 N rth Carolina Department of Environment and Natural Resources Alan W. Klimek, 1'. E. Director 13Y; Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Village of Marvin NCS000486 Village of Marvin Municipal Separate Storm Sewer System Sixmile and Twelvemile Creek Catawba Basin C See attached draft permit See Part V, Section A of the attached draft permit Not applicable PSG UEPY. 0i<'n�1C MID WA' - Not applicable June 24, 2005� rM , NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report MAY 3 1 2005 w- ' WATER - YNI U00 Recommendation: Based on the documents reviewed, the application information submitted on May 7, 2004, is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date n__._.____._.__ _._� r+_.__.._� n__.__�__ n._.__...- /J / f i /i ! Y_ i /l�r�.... Jllll [IIWaICI a1lU llCllCral t"CrIn1lS Jupci VISUIv ,� s�.�Y.�/]4Mr�L�..C-�� '+'i' ✓LJ Chit u! Concurrence by Regional Office /✓ I X?6 Date Water Quality Supervisor Date N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 NCDENR Customer Service 1-877-623.074H Regional Office Staff Comments F WA rF Michael F. Easley, Governor 110 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. C. Director r � Division of Water Quality Q Colcen 1 t. Sullins, Deputy Director Division of Water Quality July 25, 2005 Gordon Suhre, Mayor P.O. Box 399 10004 New Town Rd. Waxhaw, NC 28173 Subject: NPDES Permit NumberNCS000486 Village of Marvin Dear Mr. Suhre: The Village of Marvin has been designated by the US EPA for inclusion in the Phase 11 stormwater program. The Village of Marvin was designated because their municipal boundaries intersected a US Census -defined Urbanized Area. Your community's draft permit is being publicly noticed the week of July 25, 2005. All comments and request should reference draft permit number NCS000486. Comments must be received no later than September 2, 2005. Copies of the draft permit are available at: http://h2o.enr.state.nc.us/su/t)hase2 draft12ermits.htm 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. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, >)�__ A��� Mike Randall cc: Stormwater and General Permits Unit DWQ Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 4F* Customer Service 1-877-623-6748 Ja,SED _ s I�IIUITCn CTATEC CIJVlQnW6ACKITA1 00nT` f'T1nK1 Ar-,CMr V �� TW REGION 4 z �i, Q ATLANTA FEDERAL CENTER ,a= 61 FORSYTH STREET 44 PRO; ATLANTA, GEORGIA 30303-8960 ��'• �I J U i1 � V l rAUG 0 Mr. Bradley Bennett, Supervisor Storm Water and General Permits Unit North Carolina Division of Water Quality 512 North Salisbury Street Raleigh, North Carolina 27626-0535 SUBJ: Draft National Pollutant Discharge Elimination System Permit Covering the Discharge of the Village of Martin (Phase II)- NCS000486 Dear Mr. Bennett: We have completed our review of the above referenced draft National Pollutant Discharge Elimination System (NPDES) storm water permit addressing the above subject Phase 11 municipal separate storm sewer system (MS4s), received by this office for review on July 26, 2005. Upon reviewing the draft municipal stormwater permit, EPA has no comments. We request to be afforded an additional review opportunity only if significant changes are made to the draft permit prior to issuance or if significant comments objecting to the permit are received. Otherwise, please send us one copy of the final permit when issued. If you have any questions or comments regarding our review, please feel free to contact me at (404)562-9303. Sincerely, J Mike Mitchell, Environmental Scientist NPDES and Biosolids Section Permits, Grants, and Technical Assistance Branch Waste Management Division Intemet Address (VRL) • http;llwww.epa.gov Recycled/Recyclable • Printed whh Vegetable 00 Based Inks on Recycled Paper (Mlnrmum 30 % Poslconsumer) A LA HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easlev, Governor William G. boss, i. Sogninni a i w y Alan W. Klimek, P.E., Director September 12, 2005 Gordon Suhre, Mayor P.O. Box 399 10004 New Town Rd. Waxhaw, NC 28173 Subject: NPDES Permit Number NCS000486 Village of Marvin, Union County Dear Mr. McCaslin; In accordance with your application for a stormwater discharge permit submitted on May 7, 2004, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NorihCarolina Phone: 91 9-733-70151 FAX: 919-733-2496 / Internet: h2e.enr.state.nc.us An Equal Act0nEmployer —50% ReG cuedi!G%Fos! Consumer Paper &/ WW&81 rripri STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000486 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Village of Marvin is hereby authorized to discharge stormwater from their municipal separate storm sewer system located. within the Village of Marvin Jurisdictional Area Union County to receiving waters, Sixmile Creek and Twelve -mile. CrPek, within the Cata:17ba Basin R;i .— basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, U, III, IV, V, VI, VII and VIII hereof. This permit shall become effective October 1, 2005. This permit and the authorization to discharge shall expire at midnight on October 1, 2010. Signed this day September 12, 2005. *4-4 l �4� Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000486 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A. COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS .. SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V III DEFINITIONS L PERMIT NO. NCS000486 PART I 'PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Village of Marvin is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Sixmile Creek and Twelvemile Creek, within the Catawba Basin River basin. Such disch�r.. w;11 }'P r�+-+kwr u�1 1.. . .-. b" b-- co -. 0l l CU, I I I l I I LGU 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 H Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permitter from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4, This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. K. iiridei ti7e auihority of Section 402(p) of the CIean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page 1 of 2 PERMIT NO. NCS000496 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 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 do not significantly impact water quality and may include: • water line flushing; • landscape irrigation, • diverted stream flows; ri o,nrr nrnf,nl3VU'aiPTC' • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in I5A NCAC 2H .0200); • spnngs; • water from crawl space pumps; • footing drains; • lawn watering; _L. • resiaeniiat ailu LAaa; ity car waWHng; • 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. NCS000486 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The pl l IlllttCe will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: 1. The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. it is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education; training, nut each, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page ! of II PERMIT NO. NCS000486 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part H Page 2 of 11. PERMIT NO. NCS000486 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BNIPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. u -= ntg­ Ail r� l� i' x s FAi # 4 � , ry �c^s a•, rr .a � x r m A a , � sf� t 1VleasurableKGoals ,_ � , Y` `te�^'�� � � N �7.'qi ; y rYK� 'fi.- s Cr i tYK i.ti r¢+Fa` � , YR `JM YK y YR • .�:+; ,;, .�fW C� 1 y.j ,�YiMF'ii'w�� yf� fi' +s',:_;:... ' �.:. , Y ><! �F� 2 j+� b:, 3,:�4s y F1 (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part II Page 3 of t 1 PERMIT NO. NCS000486 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 The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ;_ y jBMP it ri-y rn r c [ a 5- »&. A r 4.E%� : ,m r a"�; E Ta k , Measurable Goals �� }� } �a� i� Sa k x rL �c. y : - i ��,r�.."`'"a.�?�'_`'a-� �` YR YR , u 8 YW, a ..i�.'.�?.'� t_ (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X X X X X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) stormwater issues and the stormwater 1 program, + f I Part II Page 4 of 11 PERMIT NO. NCS000486 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2: BM -Ps for illicit Di, ---Burge De ect"Mon. and Elimadriatiorl The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. WWI, Measlirakile Goals' YR YRi YR AYIITI' MAI (a) Developiirnlplernent Develop and implement an Illicit X X X X X IIlicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part II Page 5 of I 1 PERMIT NO. NCS000486 ON l NiMONM wE 7"-" WW -Q a" W -Me - (d) Implement illicit Implement an inspection program to x x x x discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Conduct employee Conduct training for municipal staff on x x x cross -training detecting and reporting illicit discharges. I (f) Provide public Inform public employees, businesses, and x x x x x education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting A- A A7 A X7 A - reporting mechanism mechanism for the public to report illicit discharges. Part H Page 6 of 1 I PERMIT NO. NCS000486 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the r nncinictinn -ite that may Calice adverse fmpacte t� water quality. 2. BNWs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under .1,,.Q..�1:.+-.,.... ll...:...., n,._._�t e,.. r �n^r� .l !"L_ _.__ A rm�.r_ , r w r., , Carolina Llic 0C UIment pollutl or, Conn troll A 4 of 1713 and CIia }ter 4 of 1 It1e 15,tk of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), 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 7 of 11 PERMIT NO. NCS000486 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. BMP�" t 1iVleasuraleGoals YRYR Y_R� YR Y�R (a) Establish a Post- Develop, adopt by ordinance (or similar X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that rnntrnlc nn- in nlnro.. to nrwvPnt nr �Y.....,... -4-... r.--.... - r-... _..- ..t minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a ualifiedprofessional. (c) Establish a program to Control the sources of fecal coliform to X X X ...,t« 1 tho r f c On't1 Vl 111L Sources Vl tho ,Y, �I1{.. 11111x1111u111 ell�+.iYi u�ll . ua/iv. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part H Page 8 of 11 PERMIT NO. NCS000486 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-1— WS-1V waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i} The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (Ili) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; Part U Page 9 of 11 PERMIT NO. NCS000496 (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. /..\ [[7„r..,.,,1,CA D..-.1ort;..,, p�nr,n p„�l;r� 6ril;PC maxi A-upIrm and imnlp.mr.nt kc) YY atersLI4U Protection ion Plans. a -.1 vva,a, u.uJ --, w._.t. .. _ ..-.�-.--....,.. comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction storrnwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part U Page 10 of 11 PERMIT NO. NCS000486 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. a 1^S L *ri' �2s-'i i:c— r• xs^�Sfn a-. ,1Vleasurable,Goals ,? t .;YR d y.'L EYW ,, YR� Y�R $wI�'R- r..t �,.��:.°a°�`'� 1� _,2,F (a) Develop an operation Develop an operation and maintenance X X X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accom lishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping procedures. Part H Page 11 of 11 PERMIT NO. NCS000486 PART III PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by December I of each year and cover the previous year's activities from October I through September 30. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The pernittee 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 annrnpriat . legal authoritiec Part 111 Page I of 2 PERMIT NO. NCS000496 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. . 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000486 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for 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, r --a" and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000486 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; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. S. Annual Reporting The permittee will, submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000486 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.O. z7nr N ..�__�,__ m ,., r, .. note) kciar ently '2 ,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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 are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V Page 1 of 6 PERMIT NO. NCS000486 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). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or ravel atillnR 6. Severabiiity The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000486 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, anv 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. S. 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 "Ferann is far a violation committed after a f:rnt .�r.r vict'.... f suchl tl V1JV11 1J lVl lA �1V1[1L1 VII LV1I1111111VLL after Ll 111 JL VVll Y1LLl V11 VI JIILII pLIJVl1 under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. i0. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000486 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000486 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and 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 Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 436. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and cnnv at reasonable times �,. that b_ ,_ r.,, ., u�.., ��.��.,�, any rccoro� ��,a� iiii.ist be kepi under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000480 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000486 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000486 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000486 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice I12NIP) Measures or practices used to reduce the. amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part VIII Page 1 of 4 PERMIT NO. NCS000486 6. Department Department means the North Carolina Department of Environment and Natural Resources 7. Division DW The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge: 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 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): 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 Part VM Page 2 of 4 PERMIT NO. NCS000486 jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl Cpaf P_, mimm; footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, . F Al :..�:.a r�ict{irhonra of �nll� and vP(TPtatinn (71 11111111111ze impervious suliaces, ailWvr ll{�J{{ll{{Ll� LLIJLUlvua{vv ...a„ policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. Part Vlll Page 3 of 4 PERMIT NO. NCS0004S6 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TN4DL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The CIean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 4 of 4 r State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd 2ov Fee Paid �, 0 Permit Number 111c' p o r 6 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 MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Village of Marvin Seeking Permit Covera e b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 — 97 Classification Code e. County(s) Union f. Jurisdictional Area (square 4.88 mi.' miles g. Population Permanent 1,039 Seasonal (if available) 0 h. Ten-year Growth Rate 334.73% (approximate, figure based on census tract data for area Villa a was not incorporated in 1990 i. Located on Indian Lands? r 1 „ ,�, „ LJ xes hSl ivo II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area s uare miles 4.88 mi.z b. River Basin(s) Catawba c. Number of Primary Receiving Streams 2 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 98.97% • Commercial 1.03% • Industrial 0.00% • Open Space 0.000/0 Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU-264-103102 r NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with Yes ®No a permitted Phase I entity? k L!. Tf ——AA- 4-k- - -A ., Mi+- r, .,-,F,— -f th-,f en+-;+,.. 11 -;lV' prVV IMU- L11G Mali e a1Iu P, -1 1114 I1U1I IUA l V1 UIf,.11 GiiUly • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑Yes ®No with another Phase II entity? 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 pernft obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC DENR • Element they will implement Sediment and Erosion Control • Contact Person Doug Miller • Contact Address 919 N. Main St., Mooresville, NC 28115 • Contact Telephone Number, 704-663-1699 c. Are legal agreements in place to establish responsibilities? ❑Yes ®No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this personjposition 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 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 / Name Gordon Suhre Title Mayor Street Address 10004 New Town Rd. PO Box P.O. Box 399 City Waxhaw State NC Zip 28173 Telephone 704-843-1680 Fax 704-843-1660 E-Mail gordonsuhrc@i-narxinne.org 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 Renee Dotson b. Title Town Administrator c. Street Address 10004 New Town Road d. PO Box P.O. Box 399 e. LICy a... vvaAi iavv f. State NC g. Zip 28173 h. Telephone Number 1 704-843-1680 i. Fax Number 704-843-1660 j. E-Mail Address renedotson a,ma►vinn" Page 3 SwU-269-103102 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 N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT:' STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. ' The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each i entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs Page 4 Swu-26+1031uZ • NPDES RPP Stormwater Permit Application 4. PERMrMNG INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. SI1 OKI 1VVA-I ER MANAUEI L-14 I PKOURAI 1 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 5 SWU-264-103102 r 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served The 2000 Census permanent population for the Village of Marvin is approximately 1,039 persons. There is no reported seasonal population to which could be added to the overall population. The municipality used the website of the United States Census Bureau as well as Factfinder.com to establish as basis for our population estimates. 12 Growth Rate The population growth rate for the Village of Marvin was based on the relative change between the US Census population in 1990 and 2000. The Village incorporated after 1990, so the 1990 Census population is an approximation based nn tllp rc+ncllr traet� of .:that became the;_ tnU area 'I I LU—nate.4 V++ V V..++JNJ .......porUILU area. l ll., es'lll lCl LL.0 population in 1990 was 239 and 1,039 in 2000. This represents a 334.73% increase over ten (10) years, with an approximate annual rate 16%. 1 ..J JU 11JU1l� L1VIlR1 CLIIU SVIJY JGl Vlcl'� lit caj: The current jurisdictional and MS4 service areas for the Village of Marvin are 4.88 square miles. i.4 iviS4 Coriveyancc System: The town currenily uses pipes and open channels to control the flow of water during a stone. However, the coverage of pipes and open channels are not found throughout the town. The current system of pipes and channels does perforn at an adequate rate but may be negotiated during a large outfall event. Maintenance is performed by NCDOT as needed for pipes and open channels along state -maintained roads within the town limits. 1.5 Land Use Composition Estimates: Residential 98.97% Commercial 1.03% Industrial 0.00% Open Space 0.00% 1.6 Estimate Methodology: The methodology used to determine the percentages of land uses in the Village was to use a GIS and select the parcels of all non-residential uses in the municipality. We then calculated the total areas of these land uses as a percentage of the total municipal corporate area. This was not difficult because there are very few commercial and institutional uses and no protected open space. Commercial land uses include institutional uses such as churches, schools and public safety stations. Open space is defined as protected open space only. Although there are agricultural land uses in the Village, they are not protected and we counted them as residential. Overall, the municipality is characterized by low density residential development. 1.7 TMDL Identification: The Town does not currently discharge into a controlled body of water or receiving stream as defined by the EPA and/or DENR. 2. RECEIVING STREAMS — Catawba River Basin Receiving Stream Water Quality Use Support Water Quality Stream Name Segment Classification Rating Issues Sixmile Creek 11-138-3 C NIR Twelvemile 11-138 C NIR Creek 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: The town currently does not participate in any local water quality programs. 3.2 State Programs: Construction projects that occur within the town limits are governed in accordance with the provisions of the State Sedimentation Pollution Control Act and conducted through the Mooresville office. The town does not participate in any other state water quality programs. 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List: Public Education and Outreach Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson P hone 7^v4-043- i 600 Fax 704-843-1660 kareiidunn@i,nai-N,inne.org renedotson@marvinne.org Public Involvement and Participation Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-R41-1CiAh karendunn@rnarvinnc.org marvinnc.org renedotsoii@marvinnc.org Illicit Discharge Detection and Elimination Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@i-nai-N,iiinc.org mai-vinnc.org Construction Site Runoff Control Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinnc.org marvinnc.org Post -Construction Stornn Water Management in New Development and Redevelopment Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvi nne.org Pollution Prevention and Good Housekeeping for Municipal Operations Town Administrator Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-843-1660 renedotson@narvinnc.org 3 4.2 Organizational Chart 43 Signing Official: Mayor Gordon Suhre 4.4 Duly Authorized Representation MIA f NI rl 5. Co -Permitting Information (if applicable) A T_ A ' 1 1. Not lApplicaDle 6. RELIANCE ON OTHER GOVERNMENT ENTITY 'TO SATISFY ONE OR MORE PERMIT OBLIGATIONS 6.1 Name: North Carolina Department of Environmental and Natural Resources 6.2 Element to be Implemented: Sediment and Erosion Control 6.3 Contact Information for Responsible Party: Name: Doug; Miller Address: 919 N. Main St. Mooresville, NC 28115 Phone: 704-663-1699 6.4 Is a legal agreement in place to establish the relationship and. responsibilities of both parties? No 4 7. STORM WATER MANAGEMENT PROGRAM PLAN 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WA'hER IMPACTS 7.1.1 BMP Summary Table Annual 1 Include Storm water information X X X X X Planner & Mailing will be sent in an annual mailing Torn to all property owners and to all Admin. developers/builders operating in ` I municipality. Track the number of inserts along with response o from public Brochures & j Brochures and fact sheets will be X X X X X Planner & Fad Sheets placed in the school, town hall, Town and fire department. Admin. , il Town Develop and maintain a Storm X X X X X Planner & i Web -site water webpage as part of the Town existing Town's website. There will be a FAQ section to try and address common questions and concerns the public may have, as well as a comment/complaint section to allow interaction and j public involvement. Admin. i Public A public meeting will be held to X X X X X Planner & Meeting educate the public of the rules Town t and regulations that accompany Admin. storm water controls. I Educational I Elementary School informational X X X X Planner & Programs for packet will be distributed to Town all schools . introduce participation programs Admin. they may partake in and the difference their efforts can make. 5 7.1.2 Target Audience: The target audiences for the annual mailings are all property owners and all developers and builders operating within the town limits. Developers and builder contacts will be taken from zoning records of past year. The brochures and fact shects have a target audience of any persons which frequent the town hall, fire department, and school. The web site is targeting residential and commercial persons within the town and those nersons/businesses wishinu to locate within the town and gain a more in-depth understanding of storm water. The Public Meeting is targeted to gain the majority of the residences and business within the town to have the opportunity to listen and have their concerns addressed by the proper officials. School -aged children are the target for all in - school education programs. However, it is the goal of the programs to encourage interaction between children and their parents through education. 7.1.3 Target Pollution Sources: Pollutant sources targeted with the annual mailing are those which produce trash, chemicals and waste oils, fecal coli form and sediment and erosion control. The fact sheets and brochures will encompass all pollutant sources; trash, car washing, disposal of household chemicals and oils, and lawn care products. Septic systems shall be address as a target pollutant source for all BMPs mentioned above. VULIGAGII I"IU2�'IQlll. ' The public will be informed at least 25 days prior to the public meeting and participation in open discussion will be strongly encouraged. The school programs shall include Adopt -A -Stream, Adapt-A-Creenway/Trail, and stenciling of storm drains and will be made available to all residents of the town for extended outreach participation. The annual mailing will present general information as well as good housekeeping measures that can be performed on a household level. The stornwater webpage on the town's website will give contact information in addition to any documents related to storm water. It is the goal of the town that through the aforementioned BMPs that 80% of the general public within the town will gain access to storm water information. 7.1.5 Decision Process: The town decided to use the aforementioned methods because it presents the most efficient and effective educational outreach. Furthermore, the town chose the goals to which they felt would gain the broadest audience while allowing for interaction between the town officials and the general public. The responsible parties for implementing BMPs 1-5 are the Town Administrator and Planner. The Town Administrator is the most visible link between the public and town officials. The planner will provide the pertinent store water information to be found in the fact sheets, mailers, brochures and web sites. It will be through the communication and cooperative efforts of the Town Administrator and the Planner that the school educational programs will be developed and implemented, 6 7.1.6 Evaluation: The town plans to evaluate the program based on public feedback. Internally the Planning Board, Town Planner and Administrator will conduct an annual meeting to discuss if the BMPs are effective and meeting their said goals. Should any changes be necessary, DWQ will be notified annually. 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION 7.2.1 BMP Summary Table Adopt -A -Stream Allowing persons and X X X X X Planner & horneowriers Town associations to actively Admin. maintain streams and stream banks while i educating to the ibenefits of doing such i activities. Stenciling of F Allowing persons and X X X X X Planner & Storm Drains homeowners Town associations to Admin. personally take an active role and stencil storm drains to discourage dumping. Adopt -A- j Allowing persons and X X X X X Planner & tGreenway/Trail homeowners Town associations to actively Admin. { maintain the buffers ' trails and greenways i offer to adjoining streams and waterways. Education of benefits to such efforts will be made available. 7.2.2 Target Audience: The target audience for all BMPs mentioned above is for the entire town. 17 7.2.3. Participation Program: 7.2.3.1 Adopt -A -Stream: Will allow persons and homeowners associations to become involved at a level that they are comfortable with as well as giving the flexibility of participation. 7.2.3.2 Storm Drain Stenciling: Allows a more hands on approach but on a smaller, less intense participation demand than the Adopt -A -Stream and Adopt-A-Greenway programs. 7.2.3.3 Adopt-A-Greenway/Trail: Will aMnxar nrrrc!nnc to h,-f-ri r- in Xrnl :'ed at a le;':'1 that 111e"t"bl . with as well as giving the flexibility of participation. 7.2.4 Decision Process: The town chose the aforementioned participation programs because it allows the residents to choose their level of involvement and to what extent they wish to participate. All the programs will allow the participants to perform their duties without conflicting with their personal schedule while achieving the overall goals of the programs. The programs are proven and effective in neighboring municipalities and the town feels as though there will be much support among the civic organizations, homeowners associations, local businesses, the school and individuals. The education for the benefits of such programs and their effect on storm water will be included for the school and town hall through the brochures and website. The stenciling program is aimed more toward informing the public that you should think twice before pouring, washing, dumping or adding anything to our storn drains. The Adopt -A Trail and Adopt -A - Stream programs are programs the state currently supports and it is the intention of the town to utilize the current educational materials and implementation strategies available. 7.2.5 Evaluation: Evaluation of the programs will come from the feedback of the community as well asmalking the streams and trails/greenways found within the town. Stenciling of the store drains will be inspected on an annual basis and maintenance done as necessary. A section will be included on the town's website to allow for comments and suggestions regarding the programs. The degree of pride our residents display in our town will be evident through their participation in maintaining the necessary natural controls for storm water. 8 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.3.1 BMP Summary Table # Develop an ' A Storm water ordinance ,Illicit will be developed to Discharge address a comprehensive Ordin'ahce I g range of illicit f. discharges, as well as informing of enforcement and penalties. a `Develop a Map will be prepared that X . Storin'SewerF will illustrate outfalls, System Map receiving streams and existing storm management systems. X X X Planner & Engineer X X X X Planner Inform Develop and implement a X X X X X Planner employees and ! program to infonn the the public of public of the hazards the hazards associated with illicit associated with discharges. illicit. i ,,discharges Train necessary necessary Along with Good X X X Planner & employees to Housekeeping meetings, Engineer identify and' the pertinent staff will be l inspect for ; taught methods for illicit 9 identifying illicit discharge's discharges, illegal s connections and the steps s necessary to rectify the situation. 7.3.2 Storrs Sewer System Map: The town will generate a GIS-based map as well as a paper copy which will be inaintained by the planning staff and available to the public. The map shall include at minimum; location of outfalls and their receiving streams, as well as existing storm water detentions and storm drains. The 0 map will be delineated into quadrants in order to provide a basis for which annual inspections can be performed. 7.3.3 Regulatory Mechanism: Years 3 through 5 will have the town developing and implementing a comprehensive stone water ordinance. The ordinance will make provisions for definition, deterrents of illicit of illicit non -stone water discharge, inspection of such discharge and elimination of'such discharge through enforcement and penalties. 7.3.4 Enforcement: The ordinance will make provisions for enforcement strategies to be taken for illicit discharge violations. The strategies may include lines and civil penalties. The process shall first involve notification to the property xm err allnulinrr amnln times to rnr•ti �ir t}i c. illir•it rlicr+l-Iorrro nnrl nnnr•l�Irl;.�rr nro it VA uiiV vv AiA (�' uAAAtrAV liAllV lV IVVIIi,' LIIV IIIIVIl lllJVllf.Ll `r'V [AIiV VVll4,.lUUIII Imo" with issuance of notice of violations and fines. 7.3.5 Detection and Elimination: xxw ivvJn J sllggeJllU approach 10 ucictt and e1liniilale H icu discharges and connections will begin with a primary evaluation of the current system, Given our storm sewer map will be divided into quadrants, this will allow for ease of inspections while maintaining a methodical and __1 _i. . rr t r•n• r• r organized approach 'to dertection. upon detection or illicit discharge or connection, the property owner will be notified or the necessary steps required remediating the situation. However, the town does not currently have the staff to perform the inspections effectively. It is the goal of the town to either hire inspection staff or contract services through an outside consultant. 7.3.5.1 Procedures for locating Priority Areas: The division of the storm sewer rnap will be used to perform field inspections of more aging systems within the town and will be denoted on the map. Moreover, on -site inspections may be conducted in conjunction with the annual Fire Department Hazardous Materials inspections. 7.3.5.2 Procedures for Tracing the Source: The town will train employees on illegal discharge and connection identification. Given our limited staff and available resources tracing the source of illicit discharge and connections will come from public comments/complaints and random on -site inspections. 7.3.5.3 Procedures for Removing the Source: Once an illicit discharge or connection has been discovered, documentation of such violation will begin. The property owner will be notified of the violation and the steps necessary to remedy 10 13 the violation. In case of fecal coii form discharge, the Union County Health Department shall be notified immediately. 7.3.5.4 Procedures for Evaluation of Plan: The number of violations reported will be documented and the number of those violations remedied will be documented. A nercentai-,e will be detennined of violations 1 U in comparison to remediations. 7.3.6 Non-Storin eater Discharges Water line flushing Allowable Landscape irrigation Allowable Diverted stream flows Allowable Rising.ground waters Allowable Uncontaminated ground water infiltration Allowable > Uncontaminated pumped ground water Allowable Discharges from potable eater sources Allowable Foundation drains Allowable Air conditioning condensation Allowable Irrigation water Allowable Springs Allowable Water from crawl space pumps Allowable Footing drains Aiiowabie Lawn watering Allowable Individual residential car washing Allowable ➢ Flows from riparian habitats and wetlands Allowable Dechlorinated swimming pool discharges Allowable Street wash water Allowable 7.3.7 Other Incidental Non -Stone Water Discharges Fundraising car washes will be allowed but in limited numbers and suitable places shall be defined. Furthennore, commercial irrigation systems shall be allowed but must utilize organic fertilizers and pesticides whenever possible. 7.3.8 Outreach: It is the main goal of the town to inform all residents of the hazards associated with illicit discharges and connections. This will be achieved through the previously discussed educational and involvement programs. 7.3.9 Decision Process: The program for illicit discharge detection and elimination was chosen as being the most effective_ and cost efficient for the town. Through mapping, development of an ordinance and training of employees, the town hopes to establish a base for which the detection and elimination can follow. 7.3.10 Evaluation: The town plans to perform internal evaluations using violations, remediations, public feedback and input as means for success or failure of the chosen BMPs. Should areas be found to produce less than desirable results, then changes will be made accordingly and DWQ notified immediately or any and all changes. 7.4 CONSTRUCTION SITE STORM WATER RUNOFF CONTROL The town will continue to rely on the North Carolina Department of Environmental and Natural Resources Sediment and Erosion Control Program and Division of Water Quality general stonn water permit, in addition to the North Carolina Geneml (-'nnotr, t;r.n U�._;t {�nr ;to1-1 rnnotr„ -T nn �r t .»fines 7.4.1 BMP Summary Table: Pre- A prc-construction X X X X X Planner & Construction meeting will be Town Meeting conducted through the Admin. r � planning department to educate developers and E builders of current storm E water requirements. 7.4.2 Regulatory Mechanism: A pre -construction meeting will be mandatory for all builders and developers to complete annually. The meeting will inform builder and developers of current storm water regulations, requirements, enforcement and penalties that shall ensue for violations. Each builder and developer shall sign a document to be drawn up by the town's attorney stating that each builder/developer was made aware of any and all storm water regulations and intends to comply with all. The recorded document will be kept with the Town Administrator and the Planning nenartmont 7.4.3 Plan Reviews: All plans will be reviewed by the planner as well as the contract engineer. All comments shall be returned to the builder/developer for amendments to be made accordingly before resubmittal. 7.4.4 Enforcement: Enforcement shall come through random inspections to be performed by either contract consultants or future hired staff. Penalties shall range from fines 12 levied, injunction of permits and civil penalties. The town has not determined the exact measures penalties will take on. 7.4.5 Inspections: Random inspections shall be performed by either contract consultants or future hired staff. A report of their findings shall be documented and maintained with the planning department. 7.4.6 Public Inforniation: A notification letter will be mailed out to all builders and developers on record with the planning department as of the previous two years. The letter will state the nature of the meeting, date, time, place and need for participation in order to receive future building permits. The town felt as though this BMP was the most direct and effective measure to ensure communication of current storm water regulation and requirements. The planning staff will educate builders/developers not only on the rule and regulations but educate them; on the reason iir the h-nportance of understanding storm water. It is only through education can the town hope to achieve its goal of reducing and improving the quality of storm water. " A n r I.4.�S Evaluation. Evaluation of the program will come from a survey that the builders/developers will complete upon finishing the meeting. Furthermore, success of the BM will be detennined by the number of violations conducted by those persons who participated in the pre -construction meeting. 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Program Requirements: At a minimum you must: Develop, implement, and adopt by ordinance a post -construction stone water management program to address post -construction runoff fi•om new development and redevelopment. This shall include redevelopment projects that disturb greater than or equal to one acre, as well as projects less than one acre that are a part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4. Develop and implement strategies which include a combination or structural and/or non-structural best management practices appropriate for your community; Begin program implementation by May 10, 2009; ➢ The program shall require all projects that meet the appropriate size limitations to apply for a locally issued permit under one of the following parameters: 13 • Low Density Projects: Projects shall be permitted as low density if the project meets the following conditions: 1. No more than 2 dwelling, units per acre or 24 I%, built -upon area (BUA) for all residential and non-residential development; 2. Storm water runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable 3. All BUA shall be at a miniinum of 30 feet landward of all perennial and intennittent surface waters 4. The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restriction and protective covenants will supercedc all existing restrictions and covenants. ,ii9u [-' - Ity c iuJCcts: t ivc,c. Jcts cxccuuig th,c lowucitaity threshold shall implement storm water control measures that: 1. Control and treat the difference in storm water runoff volume leaving the project site between the pre and post development conditions for the one year 24 hour store, but no more than 120 hours. 2. All structural stone water treatment systems used to meet the requirements of the program shall be designed to have an 851/o average annual removal fro Total Suspended Solids (TSS). 3. All BUA shall be at a minimurn of 30 feet landward of all perennial and intermittent surface waters. 4. The pen -nit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restrictions and protective covenants will supercedc all existing restrictions and covenants. Ensure adequate long -tern operation and maintenance by the owner of BMPs. The program shall include requirements that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each structural BMP. The inspection shall be completed by a qualified professional; and A program shall be developed to control, to the maximum extent practicable, the sources of fecal colt fonn. 14 7.5.1 BMP Summary Table Examine exi5tmng °y5 Initiate the development ordinance and development of niak&:provisions for standards and development/redevelopment ;' practices for the Tinto Stonn water Phase 11 post - construction storm water program. Develop, promote and Develop storm iinplemcnt storm water j� � �� water permitting permitting program '° program and plan review process in yearrs 3-4. Educate the jf development community on the I requirements of the program throughout years 1-5, } ` Implementation shall occur in May 2009. ! Develop and. imple e' j tern rnainten ance'prof from structural BMPs In year 3, begin developing a program that requires the yearly inspection and certification of on -site structural BMPs. By year 4-5 X X X Planner X X X X X Planner X X X Planner & Engineer a Septic system oversight ; Establish a X X Planner & program program to inform Engineer developer/builders and the public regarding proper ' operation and maintenance of i on -site 1 wastewater ! treatment systems Yllt' Al1tTlPC}'1 ! IVI LLVIlII.J Ll Ii wastewater, in i conjunction with the Union County Health Det)artment. 7.5.2 Non-structural BMPs ➢ Landscape and buffer regulations are required for all new development and redevelopment. 'Greenway planning is currently underway as well as trail planning. Alternative detention systems are encouraged, final approval of' system must come from town's contract engineer. 7.5.3 Structural BMPs Current development standards state that all developments shall have drainage systems based on minimum 10 year design storni events. Alternative detention systems are encouraged, final approval of system must come from town's contract engineer. 7.5.4 Regulatory Mechanism The goal of the town is to, develop its storm water ordinance post - construction development controls will address the required elements of the North Carolina temporary rules. Site design regulations and BMPs will be concluded from those defined in the North Carolina model ordinance to be developed for Phase 11 communities. 7.5.5 Operation and Maintenance It is the town's intent that all maintenance and inspections of structural BMPs be the responsibility of the developer/builder/resident/homeowner's association, whichever applies. A designated staff person for the town will be responsible for obtaining annual maintenance inspection reports from qualified professionals. The aforementioned staff person will then report the number of inspections, notifications and corrective actions completed in the annual report. 16 7.5.6 Decision Process It is the goal of the town to meet the minirnum program requirements by May 2009. Cooperative strategies between the town and the Union County Health Department will need to be developed to effectively address the matter of containing fecal coli form bacteria. 7.5.7 Evaluation Internal review of the program shall be conducted annually and changes made accordingly. Any and all changes will be reported to DWQ immediately. 7.6 POLLUTION PREVENTION & GOOD HOUSEKEEPING MEASURES rs Program" Rnnnirn� �antc• irrinrnmrnt v nnlleitinn prevention anrr nnrr }icr1r0nni'nProgram" program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those sources. The town does not own, operate or maintain any municipal operations. Develop and ; In year 3 develop and X X X Town implement implement a program to Admin. training educate town employees programs for on clean water issues, town stonn water pollution employees, prevention and proper disposal of materials. 1 7.6.2. Decision Process Given that the town does not own, operate or maintain any operations, education of town employees is the only viable option the town can submit to comply with the Pollution Prevention and Good Housekeeping measure. 7.6.3 Evaluation The town will evaluate the educational program of town employees through effective measures taken personally by each employee. 17 + State of North Carolina Department of Environment & Natural Resources Division. of Water Quality OFFIC USE ONLY Date Rec'd 0 � Loy, Fee Paid _.'o 0 Permit Number 111c b 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 MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Village of Marvin Seeking Permit Coverage b. Ownership Status (federal, Public state or local c. Type of Public Entity (city, Town town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 -- 97 Classification Code e. County(s) Union f. Jurisdictional Area (square 4.88 mi.' miles g. Population Permanent 1,039 Seasonal (if available) 0 h. Ten-year Growth Rate 334.73% (approximate, figure based on census tract data for area Village was not incorporated in 1990 i. Located on Indian Lands? ❑ Yes ® No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 4.88 mi.' b. River Basin(s) Catawba c. Number of Primary Receiving Streams 2 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 98.97% • Commercial 1.03% • Industrial 0.00% • Open Space 0.000/0 Total = 100% e. Are there significant water duality issues listed in the attached application report? ❑ Yes ® No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes ® No c. Delegated Erosion and Sediment Control Program ❑ Yes ® No d. CAMA Land Use Plan ❑ 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 ermitted 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 [I Yes ®No with another Phase II entity? 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? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity NC DENR • Element they will implement Sediment and Erosion Control • Contact Person Doug Miller • Contact Address 919 N. Main St., Mooresville, NC 28115 • Contact Telephone Number 704-663-1699 c. Are legal agreements in place to establish responsibilities? ❑ Yes ® No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Appiication VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible 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 i Name Gordon Suhre Title Mayor Street Address 10004 New Town Rd. PO Box P.O. Box 399 City Waxhaw State NC Zip 28173 Telephone 704-843-1680 Fax 704-843-1660 E-Mail LL rdonsuhre r� marvinnc.or 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 Renee Dotson b. Title Town Administrator c. Street Address 10004 New Town Road d. PO Box P.O. Box 399 e. City Waxhaw f. State NC g. Zip 28173 h. Telephone Number 704-843-1680 i. Fax Number 704-843-1660 j. E-Mail Address i-enedotson@,inar-vinaL.org Page 3 5WU-264-103102 .'. . 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 VI1I. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge N/A Permit Number d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below.. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 4. PERMITTING INFORMATION . 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Paqe 5 5WU-264-103102 1. STOR117 SEWER SYSTEM'[ INFOR117ATION 1.1 Population Served The 2000 Census permanent population for the Village of Marvin is approximately 1,039 persons. There is no reported seasonal population to which could be added to the overall population. The municipality used the website of the United States Census Bureau as well as Factfinder.com to establish as basis for our population estimates. 1.2 Growth Rate The population growth rate for the Village of Marvin was based on the relative change between the US Census population in 1990 and 2000. The Village incorporated after 1990, so the 1990 Census population is an approximation based on the census tracts of what became the incorporated area. The estimated population in 1990 was 239 and 1,039 in 2000. This represents a 334.73% increase over ten (10) years, with an approximate annual rate 16%. 1.3 Jurisdictional and MS4.Service Areas: The current jurisdictional and MS4 service areas for the Village of Marvin are 4.88 square miles. 1.4 MS4 Conveyance System: The town currently uses pipes and open channels to control the flow of water during a storm. However, the coverage of pipes and open channels are not found throughout the town. The current system of pipes and channels does perform at an adequate rate but may be negotiated during a large outfall event. Maintenance is performed by NCDOT as needed for pipes and open channels along state -maintained roads within the town limits. l .5 Land Use Composition Estimates: Residential 98.97% Commercial 1.03% Industrial 0.00% Open Space 0.00% 1.6 Estimate Methodology: The methodology used to determine the percentages of land uses in the Village was to use a GIS and select the parcels of all non-residential uses in the municipality. We then calculated the total areas of these land uses as a percentage of the total municipal corporate area. This was not difficult because there are very few commercial and institutional uses and no protected open space. Commercial Iand uses include institutional uses such as churches, schools and public safety stations. Open space is defined as protected open space only. Although there are agricultural land uses in the Village, they are not protected and we counted theirs as residential. Overall, the municipality is characterized by low density residential development. 1.7 TMDL Identification: The Town does not currently discharge into a controlled body of water or receiving stream as defined by the EPA and/or DENR. 2. RECEIVING STREAMS — Catawba River Basin Receiving Stream Water Quality Use Support Water Quality Stream Name Se *anent Classification Ratin Issues Sixmile Creek 11-138-3 C N/R Twelvemile I1-138 C N/R Creek 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: The town currently does not participate in any local water quality programs. 3.2 State Programs: Construction projects that occur within the town limits are governed in accordance with the provisions of the State Sedimentation Pollution Control Act and conducted through the Mooresville office. The town does not participate in any other state water duality programs. 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List: Public Education and Outreach Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinnc.org renedotson@marvinnc.org Public Involvement and Participation Planner & Town Administrator Planner -Karen Dunn Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-843-1660 2 karendunn@marvinne.org renedotson@marvinnc.org Illicit Discharge Detection and Elimination Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinnc.org Construction Site Runoff Control . Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinne.org Post -Construction Stonn Water Management in New Development and Redevelopment Planner & Contract Engineer Planner -Karen Dunn Engineer- MJ Namin Phone 704-843-1680 Fax 704-843-1660 karendunn@marvinnc.org Pollution Prevention and Good Housekeeping for Municipal Operations Town Administrator Town Administrator -Renee Dotson Phone 704-843-1680 Fax 704-843-1660 renedotson@marvinnc.org 3 n 4.2 Organizational Chart Town Hall Planner Consulting Engineer Town Administrator 4.3 Signing Official: Mayor Gordon Suhre 4.4 Duly Authorized Representation NIA S. Co -Permitting Information (if applicable) Not Applicable 6. RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY ONE OR MORE PERMIT OBLIGATIONS 6.1 Name: North Carolina Department of Environmental and Natural Resources 6.2 Element to be Implemented: Sediment and Erosion Control 6.3 Contact Information for Responsible Party: Name: Doug Miller Address: 919 N. Main St. Mooresville, NC 28115 Phone: 704-663-1699 6.4 Is a legal agreement in place to establish the relationship and responsibilities of both parties? No 11 7. STORM WATER MANAGEMENT PROGRAM PLAN 7.1 PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS 7.1.1 BMP Summary Table Include Stonn water information X X X X X Planner & will be sent in an annual mailing Town to all property owners and to all Admin. developersibuilders operating in municipality. Track the number of inserts along with response from public Brochures and fact sheets will be X X X X X Planner & placed in the school, town hall, Town and fire department. Admin. Develop and maintain a Stonn water webpage as part of the existing Town's website. There will be a FAQ section to try and address common questions and concerns the public may have, as well as a comment/complaint section to allow interaction and public involvement. X X X X X Planner & Town Admin. A public meeting will be held to X X X X X Planner & educate the public of the rules Town and regulations that accompany Admin. storm water controls. Elementary School informational X X X X Planner & packet will be distributed to Town introduce participation programs Admin, they may partake in and the difference their efforts can make. E 7.1.2 Target Audience: The target audiences for the annual mailings are all property owners and all d-vr-1nnrrrc and hmiildprc nnrratino urithin the tnul» lirnitc T7rv[_lnnrrc and t ...b builder contacts will be taken from zoning records of past year. The brochures and fact sheets have a target audience of any persons which frequent the town hall, fire department, and school. The web site is targeting residential and commercial persons within the town and those personstbusinesses wishing to locate within the town and gain a more in-depth understanding of storm water. The Public Meeting is targeted to gain the majority of the residences and business within the town to have the opportunity to listen and have their concerns addressed by the proper officials. School -aged children are the target for all in - school education programs. However, it is the goal of the programs to encourage interaction between children and their parents through education. 7.1.3 Target Pollution Sources: Pollutant sources targeted with the annual mailing are those which produce trash, chemicals and waste oils, fecal soli form and sediment and erosion. control. The fact sheets and brochures will encompass all pollutant sources; trash, car washing, disposal of household chemicals and oils, and lawn care products. Septic systems shall be address as a target pollutant source for all BMPs mentioned above. 7.1.4 Outreach Prograrn: The public will be informed at least 25 days prior to the public meeting and participation in open discussion will be strongly encouraged. The school programs shall include Adopt -A -Stream, Adopt-A-Greenway/Trail, and stenciling of stonn drains and will be made available to all residents of the town for extended outreach participation. The annual mailing will present general information as well as good housekeeping measures that can be performed on a household level. The stonnwater webpage on the town's website will give contact information in addition to any documents related to storm water. It is the goal of the town that through the aforementioned BMPs that 80% of the general public within the town will gain access to stone water information. 7.1.5 Decision Process: The town decided to use the aforementioned methods because it presents the most efficient and effective educational outreach. Furthermore, the town chase the goals to which they felt would gain the broadest audience while allowing for interaction between the town officials and the general public. The responsible parties for implementing BMPs 1-5 are the Town Administrator and Planner. The Town Administrator is the most visible link between the public and town officials. The planner will provide the pertinent storm water information to be found in the fact sheets, mailers, brochures and web sites. It will be through the communication and cooperative efforts of the Town Administrator and the Planner that the school educational programs will be developed and implemented. 6 7.1.6 Evaluation: The town plans to evaluate the program based on public feedback. Internally the Planning Board, Town Planner and Administrator will conduct an annual meeting to discuss if the BMPs are effective and meeting their said goals. Should any changes be necessary, DWQ will be notified annually. 7.2 PUBLIC INVOLVEMENT AND PARTICIPATION 7.2.1 BMP Summary Table Allowing persons and X X homeowners associations to actively maintain streams and stream banks while educating to the benefits of doing such activities. Allowing persons and X X homeowners associations to personally take an active role and stencil storm drains to discourage dumping. Allowing persons and X X homeowners associations to actively maintain the buffers trails and greenways offer to adjoining streams, and waterways. Education of benefits to such efforts will be made available. X X X Planner & Town Admin, X X X Planner & Town Admin. X X X Planner & Town Admin. 7.2.2 Target Audience: The target audience for all BMPs mentioned above is for the entire town. 7 7.2.3. Participation Program: 7.2.3.1 Adopt -A -Stream: Will allow persons and homeowners associations to become involved at a level that they are comfortable with as well as giving the flexibility of participation. 7.2.3.2 Storm Drain Stenciling: Allows a more hands on approach but on a smaller, less intense participation demand than the Adopt-A-Strcam and Adopt-A-Greenway programs. 7.2.3.3 Adopt-A-Greenway/Trail: Will allow persons to become involved at a level that they are comfortable with as well as giving the flexibility of participation. 7.2.4 Decision Process: The town chose the aforementioned participation programs because it allows the residents to choose their level of involvement and to what extent they wish to participate. All the programs will allow the participants to perform their duties without conflicting with their personal schedule while achieving the overall goals of the programs. The programs are proven and effective in neighboring municipalities and the town feels as though there will be much support among the civic organizations, homeowners associations, local businesses, the school and individuals. The education for the benefits of such prograrris and their effect on stonn water will be included for the school and town hall through the brochures and website. The stenciling program is aimed more toward informing the public that you should think twice before pouring, washing, dumping or adding anything to our stone drains. The Adopt -A Trail and Adopt -A - Stream programs are programs the state. currently supports and it is the intention of the town to utilize the current educational materials and implementation strategies available. 7.2.5 Evaluation: Evaluation of the programs will come from the feedback of the community as well asmalking the streams and trails/greenways found within the town. Stenciling of the storm drains will be inspected on an annual basis and maintenance done as necessary. A section will be included on the town's website to allow for comments and suggestions regarding the programs. The degree of pride our residents display in our town will be evident through their participation in maintaining the necessary natural controls for storm water. 7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION 7.3.1 BMP Summary Table A Storm water ordinance will be developed to address a comprehensive range of illicit discharges, as well as informing of enforcement and penalties. Map will be prepared that X will illustrate outfalls, receiving streams and existing stone management systems. Develop and implement a X program to inform the public of the hazards associated with illicit discharges. Along with Good Housekeeping meetings, the pertinent staff will be taught methods for identifying illicit discharges, illegal connections and the steps necessary to rectify the situation. X X X Planner & Engineer X X X X Planner X X X X Planner X X X Planner & Engineer 7.3.2 Storm Sewer System Map: The town will generate a GiS-based map as well as a paper copy which will be maintained by the planning staff and available to the public. The map shall include at minimum; location of outfalls and their receiving streams, as well as existing storm water detentions and stone drains. The map will be delineated into quadrants in order to provide a basis for which annual inspections can be performed. 7.3.3 Regulatory Mechanism: Years 3 through 5 will have the town developing and implementing a comprehensive stone water ordinance. The ordinance will make t1GL rorrstoill water provi yr deiiition, dcteircnts of iliici01111 discharge, inspection of such discharge and elimination of such discharge through enforcement and penalties. l.J.It -11lu LGIIIGIII. The ordinance will make provisions for enforcement strategies to be taken for illicit discharge violations. The strategies may include fines and civil penalties. The process shall first involve notification to the property owner allowing ample time to rectify the illicit discharge and concluding with issuance of notice of violations and fines. 7.3.5 Detection and Elimination: The town's suggested approach to detect and eliminate illicit discharges and connections will begin with a primary evaluation of the current system. Given our stone sewer rnap will be divided into quadrants, this will allow for case of inspections while maintaining a methodical and organized approach to detection. Upon detection of illicit discharge or connection, the property owner will be notified or the necessary steps required remcdiating the situation. However, the town does not currently have the staff to perform the inspections effectively. It is the goal of the town to either hire inspection staff or contract services through an outside consultant. 7.3.5.1 Procedures for locating Priority Areas: The division of the storm sewer map will be used to perform field inspections of more aging systems within the town and will be denoted on the Snap. Moreover, on -site inspections may be conducted in conjunction with the annual Fire Department Hazardous Materials inspections. 7.3.5.2 Procedures for Tracing the Source: The town will train employees on illegal discharge and connection identification. Given our limited staff and available resources tracing the source of illicit discharge and connections will come from public cominents/complaitits and random on -site inspections. 7.3.5.3 Procedures for Removing the Source: Once an illicit discharge or connection has been discovered, .documentation of such violation will begin. The property owner will be notified of the violation and the steps necessary to remedy E the violation. In case of fecal coli fonn discharge, the Union County Health Department shall be notified immediately. 7.3.5.4 Procedures for Evaluation of Plan: The number of violations reported will be documented and the number of those violations remedied will be documented. A nercentaL,e will he determined of violations in co nnarison to rernediations. 7.3.6 Non -Stone water Discharges D Vilatar lino fl>>cl-�ina Allnxx�ahl� ➢ Landscape irrigation Allowable Diverted stream flows Allowable ➢ Rising ground waters Allowable ➢ Uncontaminated ground water infiltration Allowable Uncontaminated pumped ground water Allowable 9 Discharges from potable water sources Allowable ➢ Foundation drains Allowable 9 Air conditioning condensation Allowable 9 Irrigation water Allowable Springs Allowable > Water from crawl space pumps Allowable Footing drains Allowable Lawn watering Allowable Individual residential car washing Allowable ➢ Flows from riparian habitats and wetlands Allowable Dechlorinated swimming pool discharges Allowable Street wash water Allowable 7.3.7 Other Incidental Non-Storrn Water Discharges Fundraising car washes will be allowed but in limited numbers and suitable places shall be defined. Furthermore, commercial irrigation systems shall be allowed but must utilize organic fertilizers and pesticides whenever possible. 7.3.8 Outreach: It is the main goal of the town to inform all residents of the hazards associated with illicit discharges and connections. This will be achieved through the previously discussed educational and involvement programs. 7.3.9 Decision Process: The program for illicit discharge detection and elimination was chosen as being the most effective and cost efficient for the town, Through mapping, development of an ordinance and training of employees, the town hopes to establish a base for which the detection and elimination can follow. 73.10 Evaluation: Thetocsin rYiann to per%ryr rote 1 a ,1..n4.nr - 1,4. Y. V YY 11 lJ1 U11J LV �J411 V[111 11lLY 1IIU1 Y VUILl UL1V1LJ Uslllg VLU1UL1V1131 remediations, public feedback and input as means for success or failure of the chosen BMPs. Should areas be found to produce less than desirable results, then changes will be made accordingly and DWQ notified 1131111Guf[1LC%ly Ur ally ct11U U1 dll l;lldflgC:a. - 7.4 CONSTRUCTION SITE STORMY WATER RUNOFF CONTROL The town will continue to rely on the North Carolina Department of Environmental and Natural Resources Sediment and Erosion Control Program and Division of Water Quality general stone water pennit, in addition to the North Carolina General Construction Pen -nit for its construction activities, 7.4.1 BMP Summary Table: s,fig£ A pre -construction X X X X X Planner & ConstrIuction meeting will be Town Me, c,ting s .' conducted through the Admin. Z'-� - planning department to educate developers and r� Y at FiX tr . builders of current storm , water reauirements. 7.4.2 Regulatory Mechanism: A pre -construction meeting will be mandatory for all builders and developers to complete annually. The meeting will inform builder and developers of current stonm water regulations, requirements, enforcement and penalties that shall ensue for violations. Each builder and developer shall sign a document to be drawn up by the town's attorney stating that each builder/developer was made aware of any and all storm water regulations and intends to comply with all. The recorded document will be kept with the Town Administrator and the Planning Department. 7.4.3 Plan Reviews: All plans will be reviewed by the planner as well as the contract engineer. All comments shall be returned to the builder/developer for amendments to be made accordingly before resubinittal. 7.4.4 Enforcement: Enforcement shall come through random inspections to be performed by either contract consultants or future hired staff. Penalties shall range fi-om fines 12 levied, injunction of permits and civil penalties. The town has not determined the exact mcasures penalties will take on. 7.4.5 Inspections: Random inspections shall be performed by either contract consultants or future hired staff. A report of their findings shall be documented and maintained with the n1nnninv r1s nr irb-ni-nt 7.4.6 Public Inforination: A notification letter will be mailed out to all builders and developers on «A .it, El•.o ..ln .a ., .,.-+.... .-.4 ..F�1. ., a_ TL _ rewire W. L11%, tl1ai11[111g Ul+pa1L111c11L as U1 LIA, pleVIUUZj LWtJ Yra15. L 11G lettCf Will state the nature of the meeting, date, time, place and need for participation in order to receive future building permits. 7.4.7 Decision Process. The town felt as though this BMP was the most direct and effective measure to ensure communication of current stone water regulation and requirements. The planning staff will educate builders/developers not only on the rule and regulations but educate them on the reason for the importance of understanding storm water. It is only through education can the town hope to achieve its goal of reducing and improving the quality of storm water. 7.4.8 Evaluation: Evaluation of the program will come from a survey that the builders/developers will complete upon finishing the meeting. Furthermore, success of the BMP will be detennined by the number of violations conducted by those persons who participated in the pre -construction meeting. 7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT Program Requirements: At a minimum you must: Develop, implement, and adopt by ordinance a post -construction storm water management program to address post -construction runoff from new development and redevelopment. This shall include redevelopment projects that disturb greater than or equal to one acre, as well as projects less than one acre that are a part of a larger common plan of development or sale, that discharge into the MS4 or into an interconnected MS4. Develop and implement strategies which include a combination or structural and/or non-structural best management practices appropriate for your community; ➢ Begin program implementation by May 10, 2009; ➢ The program shall require all projects that meet the appropriate size limitations to apply for a locally issued permit under one of the following parameters: 13 • Low Density Projects: Projects shall be permitted as low density if the project meets the following conditions: N than ^ y- '111-i -- units 2 n of built 1. IN U Vlore tllall G UWGlllll�' Lllllis per acre of L`F /0 ULI111-Upoii area (BUA) for all residential and non-residential development; 2. Storm water runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable 3. All BUA shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters 4. The permit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restriction and protective covenants will supercede all existing restrictions and covenants. • High Density Projects: Projects exceeding the low density threshold shall implement stone water control measures that: 1. Control and treat the difference in stonn water runoff volume leaving the project site between the pre and post development conditions for the one year 24 hour storm, but no more than 120 hours. 2. All structural stone water treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal fro Total Suspended Solids (TS5). 3. All BUA shall be at a minimurri of 30 feet landward of all perennial and intermittent surface waters. 4. The pen -nit shall require recorded deed restrictions and protective covenants to ensure that development activities maintain the development consistent with the approved project plans. The changes in deed restrictions and protective covenants will supercede all existing restrictions and covenants. 9 Ensure adequate long -tern operation and maintenance by the owner of BMPs. The program shall include requirements that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each- structural BMP. The inspection shall be completed by a qualified professional; and A program shall be developed to control, to the maximum extent practicable, the sources of fecal coli fonn. 14 7.5.1 BMP Summary Table Initiate the . development of standards and kJl . , t_ QGL.r14GJ 1Vr LFIG Phase II post - construction storm water management program. Develop storm water permitting program and plan review process in years 3-4. Educate the development community on the requirements of the program throughout years 1-5. Implementation shall occur in May 2009. In year 3, begin developing a program that requires the yearly inspection and certification of on -site structural BMPs. By, year 4-5 implementation of such program will begin as well as documentation of completed inspections X X X Planner X X X X X Planner X X X ' Planner & Engineer 15 Establish a X X Planner & program to inform Engineer developeribuilders and the public regarding proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater, in conjunction with the Union County Health Department. 7.5.2 Non-structural BMPs > Landscape and buffer regulations are required for all new development and redevelopment. Greenway planning is currently underway as well as trail planning. Alternative detention systems are encouraged, final approval of system must come from town's contract engineer. 7.5.3 Structural BMPs Current development standards state that all developments shall have drainage systems based on minimum 10 year design store events. Alternative detention systems are encouraged, final approval of system must come fiom town's contract cngincer. 7.5.4 Regulatory Mechanism T he goal of the towln Is to develop its stornit water ordinance pv^St- construction development controls will address the required elements of the North Carolina temporary rules. Site design regulations and BMPs will be concluded from those defined in the North Carolina model ordinance to be developed for Phase II communities. 7.5.5 Operation and Maintenance It is the town's intent that all maintenance and inspections of structural BMPs be the responsibility of the developer/builder/resident/homeowner's association, whichever applies. A designated staff person for the town will be responsible for obtaining annual maintenance inspection reports from qualified professionals. The aforementioned staff person will then report the number of inspections, notifications and corrective actions completed in the annual report. 16 7.5.6 Decision Process It is the goal of the town to meet the minimum program requirements by May 2009. Cooperative strategies between the town and the Union County Health Department will need to be developed to effectively address the matter of containing fecal coli form bacteria. 7.5.7 Evaluation Internal review of the program shall be conducted annually and changes made accordingly. Any and all changes will be reported to DWQ immediately. 7.6 POLLUTION PREVENTION & GOOD HOUSEKEEPING MEASURES Tl.... ..... T]„ ,... a... T.�-..�1 ..... + 11„+ .,., f. �... -1 rl 1, r.i,nA�rAAn�n.r F oYgram. i\equirements: 1m, pil.l Atent a pollU L1V11 pre veiI Ll viI and " IlV program for municipal operations that addresses operation and maintenance, including a training component, to prevent or reduce pollutant runoff from those sources. The town does not own, operate or maintain any municipal operations. 7.6.1 BMP Summary Table °Dev elop-and In year 3 develop and X X X Town 'imp emeht implement a program to Admin. traII educate town employees programs for z` on clean water issues, town�;� storim water pollution employees prevention and proper disposal of materials. 7 C% 7 T)PP'-zinn Prnr.Pcc Given that the town does not own, operate or maintain any operations, education of town employees is the only viable option the town can submit to comply with the Pollution Prevention and Good Housekeeping measure. 7.6.3 Evaluation The town will evaluate the educational program of town employees through effective measures taken personally by each employee. 17 WCDENR tOEPT. OF ENVIRONMEw AND aATUFL FtESOtiRCE>� . North Carolina Department of Environment and Natural ResourcesILL-i;_s�PAONALGFFI-ds= Division of Water Quality Michael F. Easley, Governor William G j'Ross, Jr., Secretary Alan W. klimek, P.E. Director September 12, 2005 SAP 2 2 200'i Gordon Suhre, Mayor P.O. Box 399 10004 New Town Rd. Waxhaw, NC 28173 Dear Mr. McCaslin; ,.f WATER QUALITY SECTION Subject: NPDES Permit Number NCS000486 Village of Marvin, Union County In accordance with your application for a stormwater. discharge permit submitted on May 7, 2004, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local Qmntal ^erm;t that may be requiru.vernL:A If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina Phone: 919-733-7015 I FAX: 919-733-24961 Internet: h2o.enr.state.nc.us u AnFnualr]nmrt,iniYylAffirmai;,,r�BeH� L..L,, cnof n ., i a,annJ n__.^---..--- ,,IlLIt_SrlI11U —z__.-.rr.,�...��.. . n I•iiNi�rci —win nCCyCicUOLF/o rUSI LUII,7Ufik�l M$�J$r I STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000486 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Village of Marvin is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Village of Marvin Jurisdictional Area Union County to receivinc, waters Siymile („`reels and T'�z,Pl �,am:lo Creek, rh:., the Catawba ...t Basin n:_. _ �__ _ .., vl �.tnuw Creek, within he Catawba Basin 1tIve UASIII in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VI1I hereof. This permit shall become effective October 1, 2005. This permit and the authorization to discharge shall expire at midnight on October 1, 2010. Signed this day September 12, 2005. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000486 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR NIUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V it l DEFIN11l 'lON S d PERMIT NO. NCS000486 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the Village of Marvin is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Sixmile Creek and Twelvemile Creek, within the Catawba Basin River hnsin_ Such di-cl ar-e ;ill, 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 U Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4, This permit covers a\.tivltics associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under tl�e authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page 1 of 2 PERMIT NO. NCS000486 ' 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 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 do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; .,r-1,ti,otarc• • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A 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. NCS000486 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. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and -will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce -oll,uti^n from, + site f f r r-"o""'- �' Y aiv,u ioi,S�iUcuv„ sic rlii�o�1 as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part II Page 1 of 11 PERMIT NO. NCS000486 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part II Page 2 of 11 PERMIT NO. NCS000486 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. �. .� s 4 a+ f✓7; j 'ra � it L v-11�'BMP';`j�•ff 5 {{�c.yy}: �.. ��i7 -'j9i _�•��rV"��,:k,'r,� .�5 k � �f 1 'yi`J i - '� -MaC, � P � 3�,.ix �1Neasurable,Gaal�b,F=,YRYRYR �'"h'�:`��r;:: �� j uR ?�.'at�.,•''`� Y -��E�•��.. ^1'It SS'S`1��� � � M 7yFy� 7'. y; !a^��'�ts: i41.:.$'; (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Out;each Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 3 of I I PERMIT NO. NCS000486 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 The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. n� �FrZa� BMI �: 1 .i' `� £ v- t Y'� �� Measurable GoaisV w +F Y-.�.�4'h ll�` Y R - �rk"� �YR I'R 4YR %YR L `. `t , „"'�.� ry. P (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X X X X X opportunity to review allow the public an opportunity to review and comment on the and comment on Line Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) for input on X X X X X Group(s) stormwater issues and the stormwater program. Part II Page 4 of 11 PERMIT NO. NCS000486 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping, (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2_ BNWs L-r illicit Diseh.-rg , ""OL .. d r. I•.-intati i a.■.. Laaa.a�u■ �a. LGLCLt1U1� [1rILL L' IIIIllIIiIL1U11 The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. 4 ��easurableGoals'� 1 > ( SM1" Y' '�i`%✓"7F.'..I iY fife, ti �YK�� YR YR� C. YR YR R� (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part 11 Page 5 of 11 PERMIT NO, NCS000486 WM SMP S; r 0'wk�`� M a urable Goals YR 11x_W YR 1�' t2 3 �'.� 4 irR ; �:�r4_1 (d) Implement illicit Implement an inspection progr'ain to X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Conduct employee Conduct training for municipal staff on X X X cross -training detecting and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X X X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting x x n X reporting mechanism mechanism for the public to report illicit discharges. Part 11 Page 6 of 11 PERMIT NO. NCS000486 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may r_.anse. adv -m impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under Lk- Sedililent pollution CvilLrVI Act Vf ij73 ajiu r.IlaptGr 4 Vf TILIT- 1JP% V1 l IG 1VULLII Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part H Page 7 of I I PERMIT NO. NCS000486 ' SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. _BMliwm N P ,� f YR YR �� YR �o YR ,- YR5Ve 1 (a) Establish a Post- Develop, adopt by ordinance (or similar X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to nrevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a uafifiedprofessional. (c) Establish a program to Control the sources of fecal coliform to X X X r-nntrnl tha unnrrPc of tha rnavimttrn extent nrnrtirnkli- fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part 11 Page 8 of I I PERMIT NO. NCS000486 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; Part 11 Page 9 of I I PERMIT NO. NCS000486 (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 211.1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. /..� I17.,4,..-,.L..-.A T]....�....r:...-. Dl.,— D,.kl;: 1-.r el;i moir r�a�rpinn and imnTj-mPnt lL) YY inursileu 1 to teCtlOn 1 laI13. L uVJIt vvww -i .7 u�. _.vj. ....... ....�............. comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part U Page 10 of 11 PERMIT NO. NCS000486 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. '� 1� ` yr'i.f.1 Lc� .r }�.& �Yi yf �.. `r = tt�+Measurable Goals M `�Crs- a .'P :; :C i+fir, a•if .l`� ""4. IS` �F,y�j. _ '" c ` ? '� i y '{'i 1 Y.s ��Aer� ,�!k its4-1 YI %Y,R YR 1� YR " 'ix µ - , 5'; 1•R �. S^ 1" �, t h t 'i. rL .'3 ` a ��� + �; 3A,4��..5'• r r'Ytr.'". (a) Develop an operation Develop an operation and maintenance X X X X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping procedures. Part H Page 11 of I I PERMIT NO. NCS000486 PART III PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized repre°ieiiiati ve :mmediateiy upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by December I of each year and cover the previous year's activities from October 1 through September 30. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The 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, Part 111 Page I of 2 PERMIT NO. NCS000486 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. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the champs have hP.Pn marlP Nnthina in this naraarnnh shall he.. rnnctniPrl to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000486 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (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 submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000486 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; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. d TwPntv_fnnr Finer RPnnrtintl 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 ;nfn t;nn ckl li he. nrnvirlPrA nrally within ')A hnnrc frnm the. time. the. nermltfe.B hemame, a uavaauuu v.a uuu.. v� r.v ..uv... v.....� .. ....... ..... ......... .. a. ., ... ...._ '.....� ....� aware of the circumstances. A written submission shall also be provided within S days of the time the permittee becomes aware of the circumstances. T1I.kG l.: LtGl.l JLL b1,1IisJ.to IJia 4nnu;ral nVll Val va ta.kw .. v....vm...t..au....v, uan....d i.t.c.. 1.-..m...1c.,P.+c.,- , the period of noncompliance, including exactdatesand times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will. submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000486 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Art provided that any Person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (cu„ently $2',,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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, 3IS or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations Part V Page 1 of 6 PERMIT NO. NCS000486 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). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential uamagc s, su. ,I ua .10_. even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000486 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or 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, conies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to UG 1112L111121111GU U1lUG1 L111J tJG111LIL, IIICaUUIII8 1I1Vl11LVll116 iGPULLS V[ 1Gt1V1LJ Ul 4.V111tJlldI1l:G of noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000486 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the pennittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000486 SECTION C: MONITORING AND RECORDS I. 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 T - _ _._ Lirc��c�r. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by 1 aw, to; (a) Enter upon the perrnittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000486 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000486 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the. North Carolinn AriminictrativP Code C1;1-Achanter 2H 0100; and AT ,-il, [-'n-1,*,,n r=o..o« t , .. t,�.J. .vi��, �. x.v.0�.uiwiuu v�u�.tui Statute 143-215.1 et. al. Part VI Page 1 of I PERMIT NO. NCS000486 PART V1I ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with l 5A NC'AC 2H .0105(h)(4) may cause this Division to infit e action to rke 41 � .. ■i�.uw vu w i�vvnb un.. Part VH Page 1 of 1 PERMIT NO. NCS000486 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice BMP Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical st.-Uctu�n planning _ O Ll uy4U�V or pialullu� kJGG non-stI LlGlUral tslvlx'). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. S. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. . It can include one operator or many operators. Part VM Page I of 4 PERMIT NO. NCS000486 6. Department Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWG The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stotmnwater e;:cct,t diDkALurges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 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): 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 Part V11I Page 2 of 4 PERMIT NO. NCS000486 jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Cateizories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water frnrn rrawf cpnre pumps, footing drains; lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. Part VIIl Page 3 of 4 PERMIT NO, NCS000486 18. Permittee The owner or operator issued this permit. 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff T IP flryw of xxintar Aul,;Ah rac.,Ito frr,.v, .. ,-.:f.,f:.... --A ...L.: ,.I- .. _ A- _ ■ _ ••___�.. avuuiw xxV1x111r 'FILaLivLL aLLLL WRICH ucl;urs 111 nleulately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 4 of 4 W A rF Michael F. Easley. Governor \O�b 9QG William G. Ross Jr., secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. 1. Director Division of Water Quality yE.s9ullins,NDeputyll)ireelor r.n.wtw• NAT Division of Water Quality April 18, 2005L APR 18 2005 Gordon Suhre, Mayor P.O. Box 399 10004 New Town Rd. Waxhaw, NC 28173 � MIER 1 -: ,#. �l SECT Subject: NPDES Permit Number NCS000486 Additional Information Request Dear Mr. Suhre: After a review of your permit application materials, I found that with changes to Stormwater Management Plan, there is sufficient content to continue with the review and drafting of your permit. The Village of Marvin should provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. In addition to the volunteer community involvement programs proposed in your Stormwater Management Plan - Public Involvement and Participation Program, YOU must develop a citizens' group(s) for input on stormwater issues and the stormwater program. The Village of Marvin should establish and publicize a reporting mechanism for the public to report illicit discharges. Under Pollution Prevention and Good Housekeeping For Municipal Operations, the Village of Marvin should develop an inspection, operation and maintenance program for the municipally owned or operated MS4 system and associated structural BMPs. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. Enclosed for your review and comment is a preliminary draft Phase II NPDES Stormwater Permit for the Village of Marvin. 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. N. C, Division of Water Quality 1617 Wil Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 WKV NCDENR Customer Service 1-877-623-6748 Please provide the additional information requested and your comments on the preliminary draft permit by Friday, May 20, 2005. We would like to incorporate as many revisions as possible before the public notice. You will also have an opportunity to submit comments during the public comment period. If you have any questions, concerns, or suggested revisions about the preliminary draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. 'Sipcerely, Mike Randall Environmental Engineer cc: Stormwater and General Permits Unit DWQ Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000486 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE, ELIMINATION SYSTEM v In compliance with the regulations promulgated and adopted y the1North_Carolina Environmental Management Commission, and the Federal Water Poll tioo Control Act, as amended, �k Village of Mary is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the Village of�Mar`vin Jurisdictional Area Unio ,County to receiving waters, Sixmilc Creek and Twel'vemile Creek, within the Catawba Basin River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, VI, V11 and VIII hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight 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 r PERMIT NO..NCS000486 TABLE OF CONTENTS PART [ PERMIT COVERAGE PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PAR SECTION D: ILLICIT DISCHARGE DETECTION A?WELIMINATION SECTION E: CONSTRUCTION SITE RU SECTION F: POST -CONSTRUCTION. STE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION-A_ND GOOD HOUSEKEEPING FOR --�_ MUNICIPAL OPERATIONS PART [[I PROGRAM ASSESSMENT PART 1V REPORTING AND4RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART V1I1 DEFINITIONS PERMIT NO. NCS000486 PART I PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Village of Marvin is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Sixmilc Creek and Twelvemile Creek, within the Catawba Basin River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase 1.I,Munic pal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application�Comprehensive Stormwater Management Program Report and any approved modificationsS- 2. All discharges authorized herein shall be adequately.maiiaged in accordance with the "I--. N terms and conditions of this permit. Any other -point source discharge to surface waters of the state is prohibited unless it is an alIowabIc non stormwater discharge Or' 1s covered by another permit, authorization, or approval. U 3. This permit does not relieve th<permiftee from responsibility for compliance with any other applicable federal, state, oplocal`law;,rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area.ofthe permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the 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. 7. Develop and properly implement the Stormwater Plan. The purpose of the Stormwater Plan is to reduce pollutants to the maximum extent from your MS4 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 storm Part I Page 1 of 2 PERMIT NO. NCS000486 " water management program constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. 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 X 47 (b) Determined to be incidental non-stormwater.Z\k ws that rlanot significantly impact water quality and may include: • water line flushing; u= • landscape irrigation; • diverted stream flows; • rising groundwaters;,:_l, - • uncontaminated grouridwaterInfiltration; • uncontaminated pump d gro nd titer; • discharges from potable w,aterrsources; • foundation drains J/�J air conditionin&condensate (commercial/residential); • irrigation waters(does not include reclaimed water as described in 15A NCAC 2N .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. NCS000486 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:f I. The permittee will develop and maintain adequate he' gal mechanismfsuch as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authonties in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will bcomplem rated and managed such that the discharge of pollutants from the MS4;` reducedoto the maximum extent practicable. It is anticipated that in order to meet,this,prov,ision, implementation of the Stormwater Plan will occur with emphasis given.to priority areas and to management measure,, and programs that are most effective and efficient at varying stages of the plan's implementation, 3. The permittee will implement-thc components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page 1 of I PERMIT NO. NCS000486 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part 11 Page 2 of I I PERMIT NO. NCS000486 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of�sttormwater pollution. (d) Inform the public on steps they can take to reduce orprevent-stormwater Pollution. 4 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPsftb meet-th'e'objectives of the Public Education and Outreach Program and shall notify he ivision prior to modification of any goals. r. V C' BMP Measurable Coals YR YR YR YR, YR l 2 3 4 -S . (a) Establish a Public Develop a pub/-ie�education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue<date�lncorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X X materiais for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part II Page 3 of I I PERMIT NO. NCS000486 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 The permittee shall implement the following BMPs to rneetrthe objectives of the Public Involvement and Participation Program and shall notifyltmivision prior to modification of any goals. BMP. - Measurable Goals YR YR, .,YR YR YR _ 1 2' 3 °4 . .5 (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvemen and;P rticipation Program. (b) Allow the public an Conduci at leXt' ne public meeting to X X X X X opportunity to review alloghe public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s) Jbr input on X X X X X Group(s) stormwater issues and the stornavater program. Part 11 Page 4 of I I PERMIT NO. NCS000486 SECTION D: ILLICITDISCHARGE 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 i a, : � /; completely, if one or more of these categories or sources*arepentiued as it significant contributor of pollutants to the M54 r (c) Implement appropriate enforcement proocced�ures anti actions. (d) Develop a storm sewer system map showing 11,outfalls and waters receiving discharges. (e) Inform employees, busisiine es, and'the general public of hazards associated with illegal discharges and rmtoperdisposal of waste. zf� 2. 1IMPs for Illicit Discharu,e'Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. MeasuGdal� RYR � YRBMP % YRCS YR'.rabl ,. a s f ,.. a1 2 3a , (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part 11 Page 5 of I PERMIT NO. NCS000486 s MAMMP,YR NR x�<z� (d) Implement illicit Implement an inspection program to X X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update maliof_, uruinagc cvILIponcritsOil U piiuHiY.-h� basis per approved Illicit Discharge Program (e) Conduct employee Conduct training for municipal staff on X X X cross -training detecting and reporting Licit discharges. (f) Provide public Inform public empjoyees;.businesses, and X X X X X education the general�ppbliczbVhazards associated with illegal'-'Iischargds and improper disp1`of w I; (g) Establish a public Estililish ant'I'publicize, a reporting X X X X reporting mechainsiu mechuftisnr for the public to report illicit dischai jges. Part 11 Page 6 of I PERMIT NO. NCS000486 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Construction Site Runoff Controis (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement approp�riVrerosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures ibspedtion and enforcement of control measures. \`// (c) Establish requirements for construction site 4operators to control waste such as discarded building materials, concrete truck -wash out% chemicals, litter, and sanitary waste at the construction site that'may�cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff�Controls- The permittee relies on the NCDENR Division of a d Resources (DLR) Erosion and Sediment Control Program to comply with thisem,nimum measure. The NCDENR Division of Land Resources'�Erosion and Sediment Control Program effective ---- meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan oi` development. This program is authorised under the Sediment pollution Control Act of' 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCGO t0000 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. Pail 11 Page 7 of l I PERMIT NO. NCS000486 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff C'.nntrnk (a) Manage stormwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than a acre. that acre nart of sa laraa.r c-Ommon ntan of development Or sale. r-. �. b t,.... development (b) Provide a mechanism to require long term operation and' maintenance of BMPs. (1-1 Ensure `rrinirnic are ;n nla— to min;*+�;�o for ,,,.tl;t., ts. . w _inimize .':awe yuuuiy•iiiipa�w. 2. BMPs for Post -Construction Site Runoff Controls . The permittee shall implement the following BMP,9-tbith&t tK& objectives of the Post - Construction Stormwater Management Program -BMP - ` 'Measurable Goals . _ �YR YR _-YR YR. YR•' _ y 5.3� �_i•. , .w... C�3...- r L»"£- _1.._.._-.�.--__ ♦. '_. _...»:.sue '__ .. .. .-.'.fiizi.-Y-i _., n <�� .¢'k - �X '„}i: (a) Establish a Post- Develop, ad6pt by ordinance (or similar X X Construction � � mom. regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program fy runoff+from,new development and rede elopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that . X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qua lified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health de artment. 3. The evaluation of Post -construction Stormwater Management Program measures Part I1 Page 8 of 1 PERMIT NO. NCS000486 (a) (b) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs fisted 'herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-1 — WS-1V waters, the HQW and ORW waters management strategies, the Neuse River basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. Model Practices. For those areas within the jurrsdictional.area of the permittee that are not subject to the post -constructions stormwater management provisions of another- existing state stormwater management program, the permittee's Post - construction Stormwater Management•Prdgram,mirst equal or exceed the stormwater management and water quality protection provided by the following model practices. 0) The permittee mayissue:a lbca] stormwater management permit to a development or rc�deveNlopmenl project as either a low density project or a high density project. (10 A project rriay�Bermitted as a low density project if it. meets the following criteria (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 Beet landward oi'perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A)The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; Part II Page 9 of l PERMIT NO. NCS000486 (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC'JH 100R(c)- (D)All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the lnrally iccnarl nvrmit nnrl inrnrnnrntr�rl by th> ,.) t........� . ,... ,., �. t , ........) ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may%developand implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater. management. (d) A regulated entity may develop its the model ordinance developed by construction practices based onrthf for best management practices,s dig,° practices to satisfy, in whole or -,in stormwater manaaemefiri i comprehensive watershed plan, may use Commission, may design its own post- k on s guidance and engineering standards ay incorporate the post -construction model , the requirements for post -construction Part 11 Page 1.0 of 1 I PERMIT NO. NCS000486 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping%for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution "V4x Prevention and Good Housekeeping Program and shallGnotify.the Division prior to modification of any goals. =w j r BMP Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5" (a) Develop an. inspection, UevelopeiItc 11rSPeCllon,(op'' ation and X X X X X operation (rrr(I 111(tl111('lr(r1rCG' pr(JLlm4or the MS4 system nlcrilltclralrcc� pro�jram (ltrd (tssociatedF'.clrticfural BMPs. Evaluate )r the M.S4 sys1em and the sources, do6intent deflclencles, plan associated sintaural LI . jl corrective aclious, Lind docutllen.t the BMPs. accviirp ishme"ilt of corrective actions. (b) Conduct staff training Conbuc%staff training specific for X X X pollution prevention and good hnllc�k�Pnina nrnrPr�nr•ac Part 11 Page I 1 of 1 PERMIT NO. NCS000486 PART III PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentatiop ll'be kept on -file by the permittee for a period of five years and made availabl6to the Director or his authorized representative immediately upon request. ff 2. The permittee's Stormwater Plan will be reviewed.an'd�upda ed as necessary, but at least on an annual basis. The permittee will submit a report of%this evaluation and monitoring information to the Division on an annual basis�Th:sainfor�mation will be submitted by & , : [date] of each year and cover the previous .year s activittes from [date]. The permittee's reporting will include appropriate informationfto accurately describe the progress, status, Wit. s-� and results of the permittee's Stormw,ateflPlantand will include, but is not limited to, the following components: (a) The permittee will give a detailed'description of the status of implementation of the Stormwater P1a .- This will include information on development and implementation of all+components of the Stormwater Plan for the past year and % `r ­ . schedules and planstfor the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The 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. (c) 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 pact of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, Part Ill Page 1 of 2 PERMIT NO. NCS000486 project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit ulsellalge detection and G11111111a11Ull JAUg'1a111. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Han to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph) to the Director that the changes have been made. Nothing in this paragraph/ shallgbe`construed to limit the Director's ability to conduct enforcement actions f6r violations,of-this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Slormwa Plan;. Part 1.11 Page 2 of 2 PERMIT NO. NCS000486 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS L 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 Lhc Dlrcctor at any tilde pilor to the erld of Lhe IIVe-year J)clloU. 2. Report Submittals 0— ka) liuPli ate signed copies of all reports required hereinN,shali,be Submitted to the following address: _,: Department of Environment andrNaturaPResources Division of WatcvQ al y` r V ,� Stormwater Permitting. � , Unit 1617 Mail Ser ice Center Raleigh!North�Cdrolina 699-I617 (b) A11 applications, reports,.or_?nformation submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (1) The authorizati6n;is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for 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 submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page I of 2 PERMIT NO. NCS000486 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; (b) The individual(s) who performed activity; (c) (d) The techniques or methods used; and The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central ofMe 6rYthe"i ppropriate regional office any noncompliance that may constitute anamminent.,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 writtem��ubmission shall also be provided within 5 days of r�� the time the permittee becomes aware of,the circumstances. �f Y/ The written submission shalhco ttain a description of the noncompliance, and its causes; the period of noncompliance, jcluding exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either- for specific portions of the permittec's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall pr01111)tly submit I- C. c SUCH lads Or IIII VI IllaL1U11. Part IV Page 2 of 2 PERMIT NO. NCS000486 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds,fo enforcement action; for �.k permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for_tox4c pollutants within the time provided in the regulations that establish t1 ese'.`standards or prohibitions, even if the permit has not yet been modifieclo,incotpo to the requirement. (b) The Clean Water Act provides tlj tany person who violates a permit condition is subject to a civil penalty not -to exceed the maximum amounts authorized by Section 309(d) of the Act -arid' the Federal Civil Penalties Inflation Adjustment Act Ar 1%,-;i� 9 (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note)Aurrentl,y�$27,500 per day for each violation). Any person who negligently violates.a y permit condition is subject to criminal penalties of $2 500 to $25,000 per'day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $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 are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed c"i-7 cnn\ n.._.... I% r---- in ] 1h A 7�[__ r_-_Cl-__ fi I_� - ,ac I _)uu). ruf suant to +v "' PPal L 17 allu LnC tjct, 1JellalLlC� 1VI l.laSS 11 VIVIal1011S Part V Page 1 of 6 PERMIT NO. NCS000486 2. U El 5. 6. 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 11 penalty not to exceed $137,500). 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 likeliho��adve ffecting human health or the environment. 1 Civil and Criminal Liability Nothing in this permit shall be construed ! reliewb the-permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-2.1'5:6Cjor,Se etio�309 of the Federal Act, 33 USC t319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility foNr'effectivey ompliancc may be temporarily suspended. Oil and Hazardous Substance Liability i Nothing in this permit shalQe construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or reP-ulations. Severability The nrovisiom, of thic nermit are severAle. rind if .inv nrovision 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. Pail V Page 2 of 6 PERMIT NO. NCS000486 7. S 9. 10. 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 f ifiess% iao rm -with, or knowingly renders inaccurate, any monitoring device or method required tJ e maintained under this el " permit shall, upon conviction, be punished by a fineoffot�more than $10,000 per violation, or by imprisonment for not more than two,yearstper violation, or by both. If a conviction of a person is for a violation committed:afler atfirst conviction of such person .1 . under this paragraph, punishment is a fine of�otAo"re-t7hat $20,000 per day of violation, or by imprisonment of not more than 4 ye rs, r�both� Penalties for Falsification The Clean Water Act providesfthat any,person who knowingly makes any false statement, representation, or certification in any1r' cord or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, uponNc�onv ction, 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. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000486 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 Halt or Reduce not a Defense It shall not be it defense for a permittee in an enforc necessary to halt or reduce the permitted activity in condition of this permit. Part V Page 4 of 6 �I ction%tha0 t would have been to maintain compliance with the PERMIT NO. NCS000486 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins ori's diluted by any other waste stream, body of water, or substance. When specified: e ein, monitoring points established in this permit shall not be changed witho6t notification�tofand approval of the Director. _ ,. 2. Flow Measurements Where required, appropriate flow measurement devicesyand methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS143-215.63 et. seq the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and. Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000486 5. (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. Availability of Reports Except for data determined to be confidential underl.N( 308 of the Federal Act, 33 USC 1318, all reports prepa this permit shall be available for public inspection at, Quality. As required by the Act, analytical data shall n Knowingly making any false statement on any such ref criminal penalties as provided for in NCGSA43-2�15`61 Act. /�, 71 1 Part V Page 6 of 6 33''143=215y3(a)(2) or Section �d in accordance with the terms of 'Offices of the Division of Water be considered confidential. rt�may result in the imposition of or in Section 309 of the Federal PERMIT NO. NCS000486 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina tU_1.___J._ at1YG Code, Vde, JClU_La7ptGF 2H .0la 00 ; and Id s}aIC Lr-Ui• Il G eleral Statute 143-215.1 et. al. Part VI Page 1 of 1 PERMIT NO. NCS000486 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VI1 Page 1 of I PERMIT NO. NCS000486 2 3 4 5 PART VIII DEFINITIONS A ct. 11L See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of polluti BMPs can be structural or non-structural and may takeothe physical structure or planning (see non-structural BMP). Built -upon Area That portion of a development project that is impervious surface including, but not limitei such as roads, parking lots, and paths; and4e "Built -upon area" does not include a wooder :�: pool, or pervious or partially pervious paVinj N - material absorbs water or allowsAater�to trtf Clean Water Act The Federal Water Polluti0MC0 amended, 33 USC 1251, et. seq. Common_ Plan of Development :ering surface waters. of a process, activity, ,ovei-edby:impervious or partially to,buildings; pavement and gravel areas reation facilities such as tennis courts. slatted deck, the water area of a swimming material to the extent that the paving trate through the paving material. 1 Act, also known as the Clean Water Act (CWA), as 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. Part VIII Page 1 of 4 PERMIT NO. NCS000486 6. Department Department means the North Carolina Department of Environment and Natural Resources 7. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing,authority. 9. EM C zl The North Carolina Environmental Management,Commtsston. 10. Grab Sample ."\ An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must)be taken within the first 30 minutes of discharge. ,j 11. Hazardous Substance Any substance designated in 40 CPR Part 116 pursuant to Section 31 1 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as rlrfini-d in dO C PP I?? 7( 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 Part VIII Page 2 of 4 PERMIT NO. NCS000486 16. 17 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. Designed or used for collecting or conveying stormwater; Which is not a combined sewer; and Which is not part of a Publicly Owned Tre CFR 122.2 XT Non-stormwater mwater Discharge Catcgo�' rics as defined in 40 The following are categories of non -stormwater'di scliarges that the permittee must address if it identifies them as significant(contrlbutors of pollutants to the storm sewer s'y'steiii: water line fiiisiiitig, i groundwater, uncontaminate from crawl space pumps, fii d washing, flows from riparian jkikats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (I) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. Part V1II Page 3 of 4 PERMIT NO. NCS000486 101 19 20 21 23 Permittee The owner or operator issued this permit. 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 ssttaate. Redevelopment ' Means any rebuilding activity unless that rebuilding,activity; 1. Results in no net increase in built-unon.afea.`and 2. Provides equal or greater stormwa Stormwater Runoff The flow of water which results following rainfall or as a result�i onffol'than the previous development. pltation and which occurs immediately t. A TMDL is a calculation of'the maximum amount of a pollutant that a waterbody can receive and still meet water- quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V Il I Page 4 of 4 Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receivinv Stream: River Basin: Stream Classification: Proposed Permit Requirements: Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date): DOCUMENTS REVIEWED r F . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departni4n( of Environment and Natural Resources Alan W. Klimek, 1'. E. Director Division of Water iluaiiiy Coleen H. Sullins, l)eptuy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Village of Marvin NCS000486 Village of Marvin Municipal Separate Storm Sewer System Sixmile and Twelvemile Creek Catawba Basin C See attached draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable June 24, 2005 ; NPDES Stormwater Permit Application Form , Narrative Application Supplement: Stormwater Management Program Report 'A;;A'' ' -d'() o ") Recommendation: Based on the documents reviewed, the application information submitted on May 7, 2004, is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 0—/2G,200 Stormwater and General Permits Supervisor, 3/�/zaor Concurrence by Regional Office � Datc� Watr Quality .duper visor L eate N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 'PA NCb ERR Customer Scrvice 1-877-623-6748 Regional Office Staff Comments STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000486 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINAUON SYSTEM In compliance with the regulations promulgated and adopted'by the`N�okth_Carolina Environmental Management Commission, and the Federal Water Polllition Control Act, as amended, `'- Village of MaCvin is hereby authorized to discharge stormwater fro m,thei_ r mun`'icipal separate storm sewer system located: within the Village oF�Mai�vin Jurisdictional Area Union County to receiving waters, Sixmile CreekAd Twdlvemile Creek, within the Catawba Basin River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts [, II, II[, IV, V, VI, VII and VIR hereof. This permit shall become effective Month Day, Year, This permit and the authorization to discharge shall expire at midnight 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. NCS000486 TABLE OF CONTENTS PART I PERMIT COVERAGE PART 11 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PART'1CIPA'1"10N- e iF.. SECTION D: ILLICIT DISCHARGE DETECTION A26E_L►IMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION. -AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING ANI ECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS n PERMIT NO. NCS000486 PART I PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Village of Marvin is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Sixmile Creek and Twelvemile Creek, within the Catawba Basin River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II,,Munic j al NPDES Stormwater Permit Application, NPDES Stormwater Permit Application C mprAensive Stormwater Management Program Report and any approved modifications ' 2. All discharges authorized herein shall be adequatelv.managed in accordance with the terms and conditions of this permit. Any other'p`oint source discharge to surface waters of the state is prohibited unless it is an aIIowabIAnon st rmwater discharge or is covered by another permit, authorization, or approval.: 3. This permit does not relieve the ittee from responsibility for compliance with any other applicable federal, state, prFloc4al`law;.rule, standard, ordinance, order, judgment, or decree. IN 7N 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area;oF the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to . u—.1Cnt and future iUr;o,4;rt;-naI •�— I .,Ftltio r..z;tto well � o tF.•�t seek coverage �..u��Yl�� u��u 1utu�Y Ju��.�--V I u�Yu.� V� ���- iJe����-{.lYe, as vvY�� {iJ areas uIIJI J4Y1� 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 necessary. In addition, the permitter may petition the Division to revoke or deny coverage under this permit for specific entities. b. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page 1 of 2 PERMIT NO. NCS000486 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 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 stormwate�rr,runoff from the MS4. In addition, discharges of non-stormwater are also authorized'through the MS4 of the / pelllll LLGG 11 suc' Ul Jl.l sill ges ale: 11 � � ... (a) Permitted by, and in compliance with, anoth& NPDES discharge permit including discharges of process and non -process wastewaterd Stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing;'M • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated: roundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A 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. NCS000486 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SEcriON 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 le all me ha\'sm such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. sfa The permittee will keep the Division advised of thetus of development of appropriate nrdinanrPC and IFaal ,mtho6 ire anti will nnrcznP.,thPCP anthnrtttr.c in ,irr.nrrhnrP with thr .._._ _..� ..... r�. __. �.._. .. ........ schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will bee1irnplemented and managed such that the rlicr-hnrai- of nnihitnntc from the AAA i";c rarliir1rlan thF+ m ieimiim wtrnt nrartir il�1P Tt is .,.b. r ..t...,.�....,,..... �. ., .,�w,,... th.- ...-.......u....,...-nt r.u. �.. �.... .., anticipated that in order to meet,thissprovi§ion, implementation of the Stormwater Plan will occur with emphasis given.to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement-LFie components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee wili implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part lI Page 1 of I I PERMIT NO. NCS000486 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part 11 Page 2 of 1 I PERMIT NO. NCS000486 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (e) Raise public awareness on the causes and impacts (d) Inform the public on steps they can take to reduced, pollution. 2. BMPs for Public Education and Outreach , The permittee shall implement the following B] Education and Outreach Program and shall noti /\. Z water pollution. ntmis ormwater Beet-t 'Fobjectives of the Public vision prior to modification of any goals. BMP , . .Measurable Goals',` ` YR YR YR< , Y:R YR 1 2 3' 4 5, (a) Establish a Public Devellopa pulil'i'6 ducation program and X X X X X Education and implement within 12 months of the permit Outreach Program issue6date.,Incorporate outreach elements for sgnf ac nt minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X X 111i1LUHUIS lUl SLAWU15, fllatUlldl LU UPP1UPJ1dLG LUigr-L gIOUPS US homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state- suppiied Pubiic Education and Outreach materials, as available, when implementing its own program. (d) Public education Distribute written educational material to X X X X X material dissemination abroad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part I1 Page 3 of 1 I PERMIT NO. NCS000486 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 The permittee shall implement the following BMPs to meef the ol3j ce tives of the Public Involvement and Participation Program and shall notify1theDivision prior to modification of any goals. so - Measurable Goals. :BMP 1 2 (a) Administer a Public Develop and implemen dWublic X X X X X .Involvement Program lnvolvemehCand"Participation Program. (b) Allow the public an Conduct at leas' public meeting to X X X X X opportunity to review allowhe public an opportunity to review and comment on the and :amment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group(s),fbr input on X X X X X Group(s) stonnwater issues and the stormwater program. Part 11 Page 4 of 11 PERMIT NO. NCS000486 C'r7,j�mrl1M i\_ ii r 1NIQI'rr A i)r'r, rlT mTr'+mrl11�7 A xrr% T7r rl►AiAT A mY"IkT 0E,%. 1 I"I'm ". li.LliLl i 1Jk3%-, t1ki%1Jn lfii 1 lv %- 1 l"114 f11V1J L' 1..11V11111ti 1 11"IN 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 permitter may require specific controls for a category of discharges, r prohibit that discharge Ile, _>_N. completely, if one or more of these categories of sources•are.fdentitied as a significant contributor of pollutants to the MS4 V \,.7 (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system discharges. (e) Inform employees, businesses; illegal discharges and imprope 2. BMPs for Illicit Disch gallfoutfalls and waters receiving the general public of hazards associated with osal of waste. _ and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. :BMP' asu Mei-ae oals bl-C 'YRE� ti�YR` YR" YR. isrr (a) Develop/Implement Develop and implement an Illicit X X • X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and maintain Establish and maintain adequate legal X X X X X appropriate legal authorities to prohibit illicit discharges authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Sewer Identify outfall locations and map X X X X X System Base Map stormwater drainage system components. At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. Part II Page 5 of I PERMIT NO. NCS000486 j �SMP ., . - Measurable CoalsYRYR YR YR ",�YR --:104ti,. ..��__�.�F__�.:� 3r 1 trll lrmnlPmont illicit 1rnnlement an incru-minn nrnrrrnm tr? Y Y Y u discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for I e111oY111� LI IIr JOU1Les. L1.V4l VlJ tJ1 Vl+l.UUII+J for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update mapfof ^'_s U1it111t1�'C NYMU111 UU111PU11U111JJV11 a piluin basis per approved Illicit DiscRarge Program. fi (e) Conduct employee Conduct training for munici al!Ntaff on X X X cross -training //. a x:9V detecting and reporting illicit (f) Provide public Inform public erriployee-`;'.businesses, and X X X X X education NA the general=publi'e ot:_hazards associated -z with illegaldischarges and improper disposa 1`of wa's�tw: (g) Establish a public Esmlilish aI0publicize a reporting X X X X reporting mechanislll inechanisrrl,for the public to report illicit di,sclzclrges. Part 11 Page 6 of I I PERMIT NO. NCS000486 SECTION IT.: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropr \trCrosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site-inspec ion and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as pN..,-, discarded building materials, concrete truck -washout, -chemicals, litter, and sanitary waste at the construction site that rriarcau e adverse impacts to water quality. 2. BMPs for Construction Site R�uno�f%Controls,` The permittee relies on the NCDENR Division of Ll hd Resources (DLR) Erosion and Sediment Control Program to comply with thiiso-m num measure. The NCDENR Division of Land Resources%Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCT'01 rf)M) enrrific-div Ptir r Qartinn A Pnrnnr�tnhc 'Z d 5 nnrr r; rffr+rtivalrr mnntc thl- above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to --tnr -unlit, •—L— aJ— tL.Y. 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 thIGGAIMGIIUG Ul L11GV,"LVIbIUI U1 1-dJLU IIGJUUIUGJ JLUtJ IVLUU 1L.1U.,.0I:I�IGplUl promoting ..:a ,V rt,MCC Il CATQ ri:—4r I .a *R.al} .. to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment �_ _ t n � cc t• r• e t .� %-ontror Program by requesting a minor modification to the permit. Part II Page 7 of I I PERMIT NO. NCS000486 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and%maintenance of BMPs. (c) Ensure controls are in place to minimize w 2. BMPs for Post -Construction Site Runoff The permittee shall implement the following BIM P,9•1b frtee objectives of the Post - Construction Stormwater Management Program; BMP� �� Measuirable Goals7tLY 74Y_R YRYRWRI YsR (a) Establish a Post- Develop, adopuby ordinance (or similar X X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoffifrom,new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the non-structural BMPs. Provide a MS4 mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department, Part II Page 8 of I PERMIT NO, NCS000486 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs listed herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-1— WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutiient Sensitive Waters Management Strategy, and the Randleman Lake Water, Supply Watershed program. (b) Model Practices. For those areas within the.�j'uri di\ional area of the permittee that are not subject to the post -construction -storm` er management provisions of another existing state stormwater management\program, the permittee's Post - construction Stormwater Management Program -must equal or exceed the stormwater management and wateiquality protection provided by the following model practices. l (1) The permittee may,issue a'local stormwater management permit to it development or redevel pment project as either a low density project or a high density project. d (ii) A project may be•permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24%n built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at ]cast 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. 1 approved . 1. .. _. (Ili) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following rP.rn�irP.mPntc (A) The stormwater control measures must control and treat the difference between the pre -development and post -development rnnrlitinnc fnr fka 1 _Y,o�r IA=knllr ctnrm Almn('f vnlllma .irnur�lnllm \. V14UIll VIIJ lV1 LI IYr 1-�'VUl LTIiVU1 JLV1111. 1\LAIIVII YV1LAIl IY� t.3lUYY �3V YY II time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85%v average annual removal of total suspended solids; Part 11 Page 9 of 1 PERMIT NO. NCS000486 (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may deve16p.and•implement comprehensive watershed protection plans that m y be ised to meet part, or all, of the requirements for post -construction stormwatermanagement. (d) A regulated entity may develop its own,comprehensive watershed plan, may use // X . the model ordinance developed by the Commission, may design its own post - construction practices based on the Divis on's guidance and engineering standards for best management practices;!or I may Jncorporate the post -construction model practices to satisfy, in whole or in art, the re uirements for post -construction p y P_ q stormwater management.. Part 11 Page 10 of 1 I PERMIT NO. NCS000486 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 Housekeepingfor Municipal Operations , - The permittee shall implement the following BMPs to meet the objdetives of the Pollution Prevention and Good f lousekeeping Program and shall otiiy the Division prior to modification of any goals. BMP . Measurable Goals YR 1 YR 2 YR 3 YR 4 YR 5 (a) Develop all inspeclion, Develop4an irtspe `1ion,ttgpe crtiorr and X X X X X operation and llrainteni"cprriuNrn fvr the MSd system maintenance program curd associated structr&rral BMPs. Evaluate for the MS4 system and the sous, dog ent deficiencies, plan associated structural corrective actions, and document the BMPs. acco irr ptislynent o 'corrective actions. (b) Conduct staff training Con`rlucts'taff training specific for X X X pollution prevention and good housekeeping procedures. Part 11 Page I 1 of 1 PERMIT NO. NCS000486 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed A documentation of results shall be included. Documentation ill'be kept on -file by the permittee for a period of five years and made availabl6ito the,Director or his authorized representative immediately upon request. Ar ZQ ,.. 2. The permittee's Stormwater Plan will be reviewed and''updatted as necessary, but at least on an annual basis. The permittee will submit a report of<this evaluation and monitoring information to the Division on an annual basis�'This:information will be submitted by f .`i .7 [date] of each year and cover the previous year activities from [date]. The permittee's reporting will include appropriate informationeto accurately describe the progress, status, and results of the permittee's Stormw,atefPlan ndwill include, but is not limited to, the following components: a .�_ (a) The permittee will give a detai lYd>description of the status of implementation of the Stormwater PlanOThis will include information on development and implementation of a ilcomponents of the Stormwater Plan for the past year and schedules and plans f r he year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The 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, Part III Page 1 of 2 PERMIT NO. NCS000486 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. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph,2) to the Director that the changes have been made. Nothing in this paragraph s allbe construed to limit the Director's ability to conduct enforcement actions forwiolations,of--this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Storm yater,Plan.-,,,#V Part III Page 2 of 2 PERMIT NO. NCS000486 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 herei'n�shall.bsubmitted to the following address: -2 �. 0 Department of Environment and,Natural"Re-s-ounces Division of Water, Qua] ity.h,, Stormwater Permitting Unit 1617 Mail S rvice Center Raleigh ENorth1,Carolind-27699-1617 (b) All applications, reports,ror information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a�duly authorized representative only if: (1) The authorizatioil'is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for env ironmentallstormwater 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 submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000486 I 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; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information M 4. 'Twenty-four Hour Reporting The permittee shall report to the central ofMe,6r`th6,appropriate regional office any noncompliance that may constitute an.immment threat to health or the environment. Any information shall be provided orally withim24 hours from the time the permittee became aware of the circumstances. A written,subinission shall also be provided within 5 days of the time the permittee becomes aw e;of'the circumstances. The written submission shali�contain a description of the noncompliance, and its causes; k. -� the period of noncompliance; including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000486 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds�for enforcement action; for permit termination, revocation and reissuance, or coverage upon renewal application. (a) The permittee shall comply with standards Section 307(a) of the Clean Water Act for! - provided in the regulations that establish tl the permit has not yet been modifiedrto,inc (b) The Clean Water Act I subject to a civil penal Section 309(d) of the (28 U.S.C. §2461 note U.S.C. §3701 note)((ci who negligently violat $2,500 to $25,000 per al of permit bitions established under Ilutants within the time dards or prohibitions, even if the requirement. who violates a permit condition is Win.- . �:�-, �, dot'to exceed the maximum amounts authorized by ;handd e Federal Civil Penalties Inflation Adjustment Act as amended by the Debt Collection Improvement Act (31 renttllyf$27,500 per day for each violation). Any person �ny permit condition is subject to criminal penalties of ay of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 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 are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations Part V Page 1 of 6 PERMIT NO. NCS000486 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 Il penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of,5dverse I y',affecting human health or the environment. 3. Civil and Criminal Liability � " \;-, Nothing in this permit shall be construed toAlie'e the-permittee from any responsibilities, liabilities, or penalties fornoncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-2,1-5�6Ctor,Sectibn�309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is'idsponsible,for consequential damages, such as fish kills, even though the responsibility foreff6ctive„compliance may be temporarily suspended. r— � > 4. Oil and Hazardous Substce Li Substance ability Nothing in this permit shallQbc_construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq, or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in cither real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V Page 2 of 6 PERMIT NO. NCS000486 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or 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. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies itampersirwith, or knowingly s renders inaccurate, any monitoring device or method'req ired Lobe maintained under this permit shall, upon conviction, be punished by a finvofl ot*'more than $10,000 per violation, or by imprisonment for not more than ltwoayear.`=per violation, or by both. If a conviction of a parson is for a violation committer rl-after ..first conviction of such pPrrnn under this paragraph, punishment is a fine oftnotImore=that $20,000 per day of violation, or by imprisonment of not more than 4 years, gi�both� 9. ■ cuaiuca for raaauiaatwu u■ i�c ui w The Clean Water Act provides that who knowingly makes any false statement, representation, or certification in any iecord or other document submitted or required to PA be maintained uncle-1 this t1G�1 111 r�� 11uding monitoring reports or reports or compliance ce or noncompliance shall, upon,"co"h iction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000486 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense n //' .�^ - :.%. -V It shall not be a defense for a permittee in an enforcement,action�that4it would have been necessary to halt or reduce the permitted activity inUr' def to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000486 SECTION C: MONITORING AND RECORDS 2. 3. CI 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 orylis diluted by any other waste stream, body of water, or substance. When specified fi rein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 6:._. 1 Flow Measurements Where required, appropriate flow measurement de"vices'and methods consistent with m accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of jhevolume of mo ored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NC a i43-2i 63 ct. seq, the `W aier and Air Quality Reponing Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 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 tinder the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Part V Page 5 of 6 PERMIT NO. NCS000486 61 (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; ai u (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 purr utels at any loco-tloI1. Availability of Reports Except for data determined to be confidential under 308 of the Federal Act, 33 USC 1318, all reports pre this permit shall be available for public inspection al Quality. As required by th , Knowingly making any fal criminal penalties as provi Act. Part V Page 6 of 6 or 5ectlon in accordance with the terms of offices of the Division of Water 'be considered confidential. may result in the imposition of or in Section 309 of the Federal PERMIT NO. NCS000486 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A ..0 tLe AT.__.L f' 1: _._ A .J�:_:.,._., a:.._ !'�-,.1_ C+..L-L.__a__ n I I JAI AA. —_1 AT_—L !'�___1_�_ G_n____1 U1 LILC: PIVll11 t-arolina e"LU1111111ti1UaW VG %-VUG, '7UUL.11dPLG1 GC1 .VIVU, d11U INUIL11 Carolllld IJGfIGidl Statute 143-215.1 et. al. Part VI Page 1 of l PERMIT NO. NCS000486 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must Pay the administering and compliance monitoring fee within 30 (thirty) days after beinp- billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of I PERMIT NO. NCS000486 3. 4 5 PART VIII DEFINITIONS A ct J1 See Clean Water Act. lf7__� 71 iT .,�.. __W ll_.. _.:__ /1171 IT Tl\ Best_MaE1[l�{emient. rractice kniy1r) Measures or practices used to reduce the amount of pollu BMPs can be structural or non-structural and may tak6th physical structure or planning (see non-structural BivIr)A Built -upon Area That portion of a development project that is impervious surface including, but not limiter such as roads, parking lots, and paths; and} e "Built -upon area" does not include a wooder pool, or pervious or partially pervious av n� lz material absorbs water or allows wate ttoirif Clean Water Act The Federal Water Pollution` -.;Cori amended, 33 USC 1251, et. seq. Common Plan of Development tering surface waters. of a process, activity, ;ovCredby.impervious or partially .f .. to,lbuildirtgs; pavement and gravel areas reaton facilities such as tennis courts. §Idtted deck, the water area of a swimming material to the extent that the paving trate through the paving material. Act, also known as the Clean Water Act (CWA), as 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. Part VIH Page I of 4 PERMIT NO. NCS000486 6. Department Depaan-le llt Elteans the NVI'tll Carolina Depalnruent of EnVIFOIIFilent and NatUrat Resources 7. Division (DWQ� The Division of Water Quality, Department of Environment and Natural Resources. 8. Director � C " The Director of the Division of Water Quality, the pErrrii't issuing.a6thority. 9. EMC V The North Carolina Environmental Manaaeme" ntfC mmission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly e;�-_- -_ analyzed or qualitatively monitored mus0be taken within the first 30 minutes of discharge. l I. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. I.ndustrial Activit For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 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 Part Vill Page 2 of 4 PERMIT NO. NCS000486 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 drainaoe district nr .eimilar entity nr :m Tndinn trihe, nr nn 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 Trea'tmenf Works;(-POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Categories The following are categories of non-stormwater`discliarges that the permittee must address if it identifies them as si`gnificant1coni ors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated grouneiwaterinftltration, [as defined in 40 CFR 35.2005(20)], uncontaminatedu p d' _ oundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, [ rating ains, lawn watering, individual residential car washing, flows from ripartam. dMitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure- (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. Part VIII Page 3 of 4 PERMIT NO. NCS000486 18, Permittee The r : -A 41, r the owner or operator133LH-U UIIJ'JLA IILLL. 19. Point Source Discharge of Stormwater I uiscerriil�ie, 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. b 20. Redevelopment `y 14. Means any rebuilding activity unless that rebuilding;activity; 1 _ Results in no net increase in built -upon area and " 2. Provides equal or greater stormwatei�� bithhe previous development. 21. Stormwater Runoff The flow of water which results'froin, reel it�itio/n and which occurs immediate) . P Ar y following rainfall or as a result,,df snowmelt. 22_ Total Maximum Dail A TMDL is a calculation of'the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, Part VIII Page 4 of 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 11111304110 THE VILLAGE OF MARVIN WILLIAM BAUGHMAN, MAYOR P.O. BOX 399 WAXHAW, NC 28173 Subject: NPDES Phase Il Stormwater Program 2000 U.S. Census - Notification of Coverage William Baughman: 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 stormwater runoff. The Phase I1 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 I1 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Village of Marvin has been identified as being located within a census designated urbanized area. As a regulated community, you are required to develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small MS4 or file it certification that the Village of Marvin does not own or operate a small MS4. The deadline for submitting your application package or non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as additional information on the NPDES stormwater program, are available for download at our web site, Our web address is http://h2o.enr.state.nc.us/su/stormwater.htm1. If you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545) Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Mooresville Regional Office ©VA NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015 Customer Service 1-800-623.7748 ", Y B re� e;a rev'a [ re $l t -� S h qi yg.. �gyy. yy iv s ?*:..;.: "."-.;.'':�"::.:: : :sus- MUM A. R IV R. 24 W. r }qg. �— a.. p . "w a� roa y f F1 *� G " RIN t4 ° y u 77�Ytp4-4 +y gyBNW 5-.m RB,b y I El 15 % S ..x...�'"""x..:... Y q �, j j$$ F „ w �M n �a Byre "T L_ HUE a Ell V. 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