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HomeMy WebLinkAboutNEW HANOVER_COMPLETE FILE - HISTORICAL_20060228.STORMWATER DIVISION CODING SHEET Municipalities N.OT MS4 PERMIT NO. NCSOOOO_ "A7,-A,6\,.. DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑ C�-0d( C )- YYYYM M D D Ct� W A TF Michael F. Easlev, Governor `O� 9pG William G. Ross Jr., Secretary North Carolina Departmcni of Environment and Natural Resources 4 Alv, W. Klimek, 11. E, Dirrxtor r 3 ` i Division of Water Quality Q [ Coleen t1. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: New Hanover County NPDES Permit Number: NCS000398 Facility Location: New Hanover County Type of Activity: Municipal Separate Storm Sewer System Receiving Stream: Mott Creek, the Cape Fear River, Prince George Creek, hlcwlelts Creek, Smith Creek, Howe Creek, Lords Creek, Ness Creek, Telfairs Creek, and Everet Creek, River Basin: Cape Fear Stream Classification: C SW; SA HQW; SA ORW; SC SW Proposed Permit Requirements: See attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable 1 Basis for Other Requirements: Not applicable FEB Response Requested by (Date): April 13, 2006 iP DOCUMENTS REVIEWED I NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 6, 2003 is sufficient to issue an Individual Stormwater Permit, Prepared by (Signature) Date /ZoGr Stormwater and General Permits Supervisor Date /7 ,,G i Concurrence by Regional Off,ce". }rye �ZE Af ; � ;' �f _..1 `��— Date /C L Water Quality Supervisor Date N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 NUDENR Customer Service 1-877-623-6748 W A 7 Michael F. Easley, Governor 0 '9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, A. E. Director Division of Water Quality Q Coleen H_ Sullins, Deputy Director Division of Water Quality February 20, 2006 Mr. David F. Weaver Assistant County Manager New Hanover County 230 Market Place Drive, Suite 160 Wilmington, North Carolina 28403 Subject: Draft NPDES Permit Number NCS000398 Dear Mr. Weaver: Enclosed for your review and comment is the draft Phase lI NPDES Stormwater Permit for the County of New Hanover. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase 11 permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase II Permits and the existing State Coastal Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase 11 Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the pre -development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. cc: Stormwater and General Permits Unit Wilmington Regional Office Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit I 0 :7 STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000398 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with applicable law, including the regulations promulgated and adopted by the North ' t.�ral••'� .� Carolina Environmental Management Commission, and the Federax�1 Water, Pollution Control Act, as amended, —4 New Hanover Count /Y lAi" .Y �"ae..a. is hereby authorized to discharge stormwater from their regulated�nlunicipal separate storm sewer system located: If within the Urbanized Area of New'Hanover County to receiving waters, Mott Creek, the Cape FcYr, River, P ince George Creek, Hewletts Creek, Smith Creek, Howe Creek, Lords Creek, Ness Creek, T6fdirs Creek, and Everet Creek, within the Cape Fear River Basin in accordance with the discharge lir�ntalions, monitoring requirements, and other conditions set forth in Parts I, H, III, IV, V, VI, V,II and VIII hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge are subject to applicable law and 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. NCS000398 TABLE OF CONTENTS PART I PERMIT COVERAGE PART I1 FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATIONI SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CON ,TROLSFP SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS hy SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS..'' PART III PROGRAM ASSESSMENT ; PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITION 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 f 0 ® 0 PERMIT NO. NCS000398 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the County of New Hanover is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Mott Creek, the Cape Fear River, Prince George Creek, Hewletts Creek, Smith Creek, Howe Creek, Lords Creek, Ness Creek, Telfairs Creek, and Everet Creek, within the Cape Fear 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 StonnwaterPlan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit?Application, NPDES Stormwater Permit Application Comprehensive Stormwater Managem nt P.r gr m�,Report and any approved modifications. ' n11 2. All discharges authorized herein shall be lawfully managed`in;accordanee with the terms and conditions of this permit. Any other point source discharge tsurface waters of the state is prohibited unless it is an allowable non-stormwateerr discharge or is covered by another pennit, authorization, or approval. 1 3. This permit does not relieve the perrmittee�frorn responsibility for compliance with any other applicable federal, state, or local 1 wrule"strd, ordinance, order, judgment, or decree. 4. This permit covers activities associated With -the discharge of stormwater from the County owned or operated MS4s within the designatedPurbanized area as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future County owned or operated.MS4s within the designated urbanized area, as well as areas that seek coverage under this pef'rnut through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed lawfully and reasonably necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004- 163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 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. Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute Part I Page 1 of 2 0 PAIT NO. NCS000398 to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. 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-stormws t water flohat-do'iiot+significantly impact water quality and may include: • water line flushing; • landscape irrigation;.- • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater discharges from potable=water sour ces; • foundation drains; air conditioning condensate ercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H ka .0200); • springs;Vspace • water from crawpps; • 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 1 Page 2 of 2 0 0 PERMIT NO, NCS000398 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 Stonnwater Plan. The permittee will keep the Division advised of the status of developme t of appropriate ordinances p 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�nd programs that are most effective and efficient at varying stages of the plan's impale entation. 3. The permittee will implement the c 'I nents:of the Stormwatcr Plan to prohibit, to the maximum extent practicable, illicits onnecti spills and illegal dumping into the MS4. 4. The permittee will implcment,provisions7of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater t , —4r Plan. This will include the pi:6vRions 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 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 be in accordance with law and will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will identify and evaluate governmental operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of governmental facilities to reduce the potential for stormwater pollution. For each MS4 subject to Phase II, the county must provide: a. A brief description of the MS4. b. The location of the MS4. Part 11 Page 1 of 13 PAIT NO. NCS000398 C. Information on the receiving streams, including receiving stream name, stream segment, water quality classification, use support rating and if known, any water quality issues including threatened and endangered species. d. A brief description of the activities and/or operations. e. A description of the target audience(s). f. A description of the potential stormwater runoff impacts. 10. Proposed permit modifications must be submitted to the Director for approval. 11. If the permitted MS4 becomes subject to an approved TMDL, and following notice of such by the Division, the permittee shall implement a TMDL Wate'r,,QuRityRecovery Program. The following additional requirements aPPIY• 51 (a) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall establish a TMDL Wate Quality Recovery Program and shall Quality identify the locations of all currently known S4`outfails from the County owned or operated MS4s within the designated urb nizzed'`af`' described in the approved local Stormwater Plan with the potential o ischargmg the pollutant(s) of concern: to the impaired segments, to their tributaries, and tq segments and tributaries within the watershed contributing to{ft impaired segments. The permittee shall also develop a schedule to discover and to a e all other MS4 outfalls from the County owned or � operated MS4s within the designated urbanized area as described in the approved Iocal 0- Stormwater Plan that may be discharging the pollutant(s) of concern: to the'impaired stream segments, to their tributa es and to segments and tributaries within the watershed contributinglto the impaired segments. (b) Within two years after receiving the Division's notice that the permittee is subject to a TMDL, the permittee shall develop a monitoring plan for each pollutant of concern. The monitoring plan shall include the sample location by verbal description and latitude and longitude coordinates, sample type, frequency, any seasonal considerations, and a monitoring implementation schedule for each pollutant of concern. Where appropriate, the permittee may reduce the monitoring burden by proposing to monitor outfalls that the Division would consider substantially similar to other outfalls. The permittee may also propose in -stream monitoring where it would complement the overall monitoring plan. The monitoring plan shall be adjusted as additional outfalls are identified in accordance with the schedule required in (a) above and as accumulating data may suggest. (c) The permittee shall include the location of all currently known MS4 outfalls with the potential of discharging the pollutant(s) of concern, the schedule for discovering and locating currently unknown MS4 outfalls with the potential of discharging the pollutant(s) of concern, and the monitoring plan, (all as required in (a) and (b) above, and all part of the TMDL Water Quality Recovery Program) in the first Stormwater Management Plan annual report due no earlier than two years after the Division's initial notification of the applicability of a TMDL. (d) The next and each subsequent Stormwater Management Plan annual report shall include an assessment of the available data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional BMP measures may be necessary to return the impaired segments to compliance with state water quality standards. The permittee shall implement appropriate BMPs to control the pollutant(s) of concern to the maximum extent practicable. Implementation of the Part 11 Page 2 of 13 • 0 PERMIT NO. NCS000398 appropriate best management practices constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. (e) Following any review and comment by the Division on the TMDL Water Quality Recovery Program, the permiltee shall incorporate any necessary changes into the program. The pernttee shall incorporate the revised TMDL Water Quality Recovery Program into the Stormwater Management Plan. The permittee can identify the impaired stream segments by referencing the 2004 Integrated 305 b and 303 d Report (or current version), available on the website of the Division of Water Quality Modeling and TMDL Unit. ,,�,, �. Part 11 Page 3 of 13 PERIT NO. NCS000398 SECTION B: PUBLIC EDUCATION AND OUTREACH Counties should consider utilizing Best Management Practices (BMPs) that specifically focus on pollution sources that the identified target group(s) will most likely be able to reduce. 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the target groups. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform target groups on steps they can take to redn'ce ori.p ent stormwater pollution. 2. BMPs for Public Education and Outreach For each MS4 subject to Phase lI, the permittee shall implemetif the'lfollbwing BMPs to meet the objectives of the Public Education and Outreach Program an §_hall notify the Division prior to modification of any goals. � y BMP M " rS' °Measurable Goals h'�;� � ; d _ YRk YR� YR; 811E r Nip eRr 1 5P. 4 TOW r �_ dal-�,,. ., .0,T oMNIQ f Mbt (a) Public Education and Develop aM`ul'ltic Education and Outreach X Outreach Program Program within412,months of the permit issue date describing outreach strategies to inform identified target groups, including major economic a�ethnic groups, on utilizing practice es� that focus on pollution sources that they will most likely be able to reduce. (b) Public Education Develop stormwater educational material for X X X X Materials target groups. Instead of developing its own materials, the county may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program. (c) Informational Web Site Develop and maintain a public education X X X X website to document the county's pollution prevention programs and promote stormwater quality. The website would include articles on stormwater, information and brochures on water quality, stormwater related projects, brochures in water quality, public announcements, and ways to contact appropriate staff. (d) Education Material Distribute educational material to target X X X X Dissemination groups. Possibilities include event displays, PSA, Posting signs that request owners to properly dispose of per waste. (e) Hotline Advertise both a phone -based and X X X X website hotline for public participation in identifying issues and keep a log of stormwater related calls and ails, Part Part II Page 4 of 13 • 0 PERMIT NO. NCS000398 BMP� x7 '/Lj ,�,„•,,,<,_,v,�>+' IVIeasurable Coals ' � y ?�'�!i (-L ;':„�r+�`� ?.Tsk:'mti*..rifts{°1`2.3.. � YR� �W]4�' b yR'! YR %•_4';�,5�rr YR (f} Special Events Participate in county -sponsored special events X X X X and provide messages on the importance of stormwater management and activities that can help keep stormwater clean. (g) Educate Development Educate developers, engineers, and X X X X Community contractors about the importance of controlling sediment from disturbed soil-Z,,, Part II Page 5 of 13 • P IT NO, NCS000398 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation For each MS4 subject to Phase II, the permittee shall implement objectives of the Public Involvement and Participation Prograint modification of any goals. ;oBMPs to meet the fy the Division prior to nx cf4eT' 1:y. a ' �ry�,BMP y .rcz-^?...�- { ... �.'*r 4 easurableCoals� ti t "CF_Sr s j YR= YR iy YR` �y •}' r��-' ^sib ,"' ,,_ 2 3 �3,•f S T (a) Public Involvement Program Develop and implement a PubliAnvolvement and Participation rrogr;aM6C;0KLi X X X X X (b) Public Review and Conduct Alleast one public meeting to allow X Comment on the the public an tFePo:rtunilY to review and Stormwater Plan comment on the-Stormwater Plan. (c) Volunteer Involvement Orgaiike and*implement a volunteer X X X X X Program stor ►rater elated program designed to promote ongoing citizen participation. Possibilities include preparing Public Services Announcements, Televising County Commissioner meeting, abd seeking volunteers for the CES Arboretum and Airlie Gardens Program. (d) Implement Tidal Creeks Support Tidal Creeks Advisor Board for X X X X X Advisor Board involving citizens on stormwater issues, clean water projects, and the stormwater program. (h) Hotline Advertise both a phone -based and X X X X website hotline for public participation in identifying issues and keep a log of stormwater related calls and e-mails. Part II Page 6 of 13 PERMIT NO, NCS000398 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 waters receiving discharges from the County owned or operated MS4 within the designated•url nized area as described in the approved local Stormwater Plan. (e) Inform employees, businesses, and the general public -of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination",--.. For each MS4 subject to Phase 1I, the permittee gliall 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. i�Fa`�Measur`able I 1'41 ls I �- . x fis GoWax, YR� YRYlt s 1YRrYR- a� 0 � a "-"�ri4 .5 (a) Develop/Implement Illicit Develop and iirnplement an Illicit Discharge X X X X Discharge Detection and Detection and Elimination Program. Include Elimination Program provisions for program assessment and evaluation. (b) Prohibit Illicit Discharges Establish and maintain adequate legal X X X X authorities to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. If the county does not have the legal authority to develop an enforceable ordinance to prohibit illicit discharges to their MS4, their Stormwater Program must describe how they will rely on other entities that do have the necessary authority to prohibit illicit discharges. (c) Develop a Storm Sewer Identify outfall locations and map stormwater X X X X System Base Map drainage system components from the County owned or operated MS4 within the designated urbanized area as described in the approved local Stonnwater Plan. At a minimum, mapping components includes outfalls, draina =e areas, and receiving streams. (d) Implement Illicit Implement an inspection program to detect dry X X X X Discharge Detection weather flows at system outfalls. Establish Procedures procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of Part II Page 7 of 13 E PE IT NO. NCS000398 s.,ieMi-*� *�w . . s,r Goals YR,, '�IWAkurable * RV YR j YR YR t priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis pera roved Illicit Discharge Program. (e) Illicit Discharge Conduct inspections and take reasonable steps X X X X Detection and to mitigate any illicit dumping discovered Elimination Inspection during these inspections. Report any illicit Program discharges discovered during these 6-( inspections. '4� . I (f) Train County Employees Provide training for county staffliin �` X X X X appropriate departments on detecting an N: reporting illicit discharges. Possible �» Departments include Water and Sewer; Parks, Property Management andfEnvironmental Health. .(/'F (g) Public Education Prepare educationa�lmatenal;,agd distribute to X X X X target aces:. Iriformtta g t autl audience of hazards associated with=iIlegal discharges and improper disposal�of waste. Possibilities includee,signs in County MS4 postEd propertles. (h) Public Reporting Estalili"sh'arid publicize a reporting X X X X Mechanism mechanism far the public to report illicit discharges. Investigate and mitigate any reported illicit discharge. Maintain a log of hotline calls and actions taken. (i) Planning and analysis of Analyze County MS4 System to identify X X X X stormwater management possible sources of stormwater pollutants and for County MS4 System make recommendations to improve BMPs. Part 11 Page 8 of 13 0 0 PERMIT NO. NCS000398 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from County construction activities, within the designated urbanized area as described in the approved local Stormwater Plan, disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion'and sediment control �V practices, review of site plans which incorporates.6onsideration of potential water quality impacts, and procedures for site inspection and enforcement'of control measures. f.a .01 *%;-V; (c) Establish requirements for construction site operators rto contrOwl aste such as discarded building materials, concrete truck washout, chemical's; litter, and sanitary waste at the construction site that may cause adverse impacts to watgr,quality. 2. BMPs for Construction Site Runoff Controls The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by,permitting and controlling development activities disturbing one or more acres of ]and surfa Band 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 dfathe North Carolina Administrative Code. This program includes procedures for publifinput, sane ions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of rr- site plans which incorporates consideratof potential water quality impacts, and procedures for site inspection and enforcement of control'imeasures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCGO10000), specifically Par I, Section A, Paragraphs 3, 4, 5, and G, 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 pennittee 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 pennittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part Il Page 9 of 13 0 PE911T NO. NCS000398 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1, Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development 1 redevelopment. (b) Provide a mechanism to require long-term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. Post -Construction Site Runoff Controls. The permittee shall develop and implement a program to address post -construction stormwater runoff from new development and redevelopment that drains to the MS4 and disturbs an acretor moot of land surface, hor ,Wor including projects less than an acre that are part of a larger common plan of development or sale for each MS4 subject to Phase II within 24 months,of'the peue date. (a) The permittee must meet the requirements of th"e p(Tt26o'nstruction program for vl construction projects that are performed byg'o :i rider cc6ntract for, the permittee. To meet this requirement, the permittee may either develop the necessary requirements for post -construction controls that will pertain to their own projects, or develop procedures to ensure that the permittee meets these requirements b complyingwith another entity's p n r� Y Y Phase II Stormwater Management$'Prograpost-construction. If the permittee , mx decides to rely on another programkfo..r�compliance with these program areas for their -:R own projects, they must indicatein therr Stormwater Management Program that the permittee will fully comply with rrequirements of the second party's post - construction programs': (b) For construction activifies�peformed within the permittee's permitted area not performed by, or under with, the permittee, the permittee must: (i) Develop a past -construction program in full, if the permttee has legal authority to develop and enforce an ordinance to control post -construction runoff. (The ordinance must be reviewed and approved by the Director prior to implementation.) or (ii) Indicate in their Stormwater Management Program how they will rely on another party to implement the post -construction program. The permittee must describe how they will cooperate with the entity that does have legal authority to ensure proper implementation of the program area requirements. (c) For each MS4 subject to Phase II, the post -construction stormwater runoff from new development and redevelopment shall include: (i) Strategies for structural and/or non-structural BMPs, (i) A mechanism to require long-term operation and maintenance of structural BMPs (ii) Annual inspection reports of permitted structural BMPs, (iii) Plan review procedures that incorporate water quality considerations in post - construction site plan reviews. (iv) A program to ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater. (v) Nutrient sensitive waters (NSW) protection measures (for programs with development or redevelopment draining to NSW waters) to ensure that the best Part 11 Page 10 of 13 0 PERMIT NO. NCS000398 3. management practice for reducing nutrient loading is selected. In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Develop and include a nutrient application (fertilizer and organic nutrients) management program in the Post - construction Stormwater Management Program. The evaluation of Post -construction Stormwater Management Program measures (a) All development activities located with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff►froincthe first one and one half inch of rainfall to the level specified in Paragraph (b) ofithis r N°J ad�ion, all impervious surfaces, except for roads, paths, and water dependent structu1. res, shall be located at least 30 feet landward of all perennial and intermittentsurface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H01002(14) shall not be required to le comply with the. requirements of this ParagrapQ! (b) Structural stormwater controls required" under Paragraphs (a) shall meet the'following criteria: x (1) Remove an 851X average a'nnualFamount of Total Suspended Solids. (2) For wet detention p nds drawid wn the treatment volume no faster than 48 hours, but no slower than.1.20 hours. (3) Discharge thelotorage volume at a rate equal or less than the pre -development discharge rate`,' or the 1! ym ear, 24-hour stor. F� r P* el- (4) Meet the General�,Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). •Q.r.V , (c) For the purposes of this permit, a surface water shall be present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a). (d) The permittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (e) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural stormwater control measure annually to the local program. Part 11 Page I 1 of 13 PEW NO. NCS000398 {f) In addition to the other measures required in this rule, all development activities located within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining to Shellfishing (SA) waters shall: (1) Use stormwater control measures that result in fecal coliform die off and that control to the maximum extent practicable sources of fecal coliform while incorporating the requirements specified in Paragraph (b) of this Rule. (2) Prohibit new points of stormwater discharge to SA esters or expansion (increase in the volume of stormwater flow througKonveyances or increase in capacity of conveyances) of existing stormwater conveyancetsystems,that drain to SA waters. Any modification or redesign of a,stormwater conveyance system within the contributing drainage basin must notlinc erase the net amount or rate of stormwater discharge through existing,outfdM,to SA waters. Diffuse flow of stormwater at anon -erosive velocdty of.v�eget'aed buffer or other natural area capable of providing effective infiltration;of the runoff from the I -year, 24-hour storm shall not be considered,ed irec point stormwater discharge. If Consideration shall be give to soilaype slope, vegetation, and existing hydrology whene aluattng mfilt ation effectiveness. Part II Page 12 of 13 • 0 PERMIT NO, NCS000398 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS I. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations For each MS4 subject to Phase I1, the permittee shall implement the f ing BMPs to meet the � Uaf -' n objectives of the Pollution Prevention and Good Housekeeping Progfaih;and shall notify the Division Ki prior to modification of any goals. r.w•. a �� •. 'R-a_.,i'x} jj _l7. M� .,f: H.., 'I.. y li....7HSP - {�[� f Y.,L`�F .Y sMeasurable Goals,,,^z '! - �Ty �YR,YR '' ;.YR`I-YR 1,11 Q (a) Operation and Develop an operation and maintenance X X X X X maintenance program program that has the ultimate goal of preventing or reducing pollutant runoff from rs.N! municipal, operations. (b) Spill Response Develop writfen�'procedures for accidental X X X X X releases. (c) Inspection and evaluation For each county owned and operated MS4s, X X X X X of facilities, operations, identify�activities and operations with the and the MS4 system and potential for generating polluted stormwater associated structural runoff, including the MS4 system and BMPs. associated structural BMPs. Inspect the potential sources of polluted runoff, as well as stormwater controls and conveyance systems. Evaluate the sources, as well as structural stormwater controls, for inspection and maintenance needs, document'defciencies, plan and implement corrective actions. (d) Staff Training Staff -training at initial employment and at one X X X X X annual meeting. Include how to deal with an illicit discharge, pollution prevention and good housekeeping procedures. Part II Page 13 of 13 PERMIT NO. NCS000398 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. The permittee's Stormwater Plan will be reviewed and annual basis. The permittee will submit a report of this the Division on an annual basis. This information will cover the previous year's activities from Date to Date appropriate information to accurately describe the prof Stormm Stormwater Plan and will include, but is not limited to? �e&asinecessary, but at least on an is ion a i'i�m nitoring information to bmitted by date of each year and er nittee's reporting will include status, and results of the permittee's ollowing components: (a) The permittee will give a detailed descriptiori_of'the status of implementation of the •r Stormwater Plan. This will'include-information on development and implementation of all components of the St6hm ater Plan�for the past year and schedules and plans for the year following each report. .'M," f (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, implemeni on schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan, In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stonmwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the lawful requirements of the permit. Within 30 days of such notice, the pennittee will submit a Part III Page I of 2 • PAT NO. NCS000398 4 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. 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 • 0 PERMIT NO. NCS000398 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records 2. 3. The pernmttee 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. Report Submittals (a) Duplicate signed copies of all reports required her6n,.9fiallabe submitted to the following address: ��-11"'`' J Department of Enviromnent and Natdral*esc Division of Water Quality ' Stormwater PermittinUnit A g'ts4.:�e 1617 Mail Service Center Raleigh, North Carolina 27699;1617 (b) All applications, reports,�flforihiti` submitted to DWQ shall be signed by a principal executive officer, ranking elect, d official or duly authorized representative. A person is a duly authorized represcntativetionly if: (i) The authorization is mad'e'`in writing by a principal executive officer or ranking r,:, 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/stonnwater 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 attaclunents were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowing submitting false information, including the possibility of fines and imprisonment for knowing violations." Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; Part IV Page 1 of 2 PEAT NO. NCS000398 4. 5. 6. 7. (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. (. The written submission shall contain a description of period of noncompliance, including exact dates and ti corrected, the anticipated time compliance is expectei reduce, eliminate, and prevent reoccurrence of theyno The Director may waive the written report received within 24 hours. Annual Reporting The permittee will sL this permit on forms Additional Reporth pliance, and its causes; the the noncompliance has not been i; and steps taken or planned to basis if the oral report has been toring information on an annual basis per Part III of The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part W Page 2 of 2 0 0 PERMIT NO. NCS000398 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all lawful conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of,permit coverage upon renewal application. 6 (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutanntsyw�thhiin 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'exeeed the maximum amounts authorized by Section 309(d) of ;?,ky m- +.LW the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) ' as amended by the Debt Collectionyr 1t�' lni�s�'provement Act (31 U.S.C. §3701 note) (currently w ;4AP $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to crirrunal 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 s b3ect to criminal penalties of $5,000 to $50,000 per day of violation, or imprison�zncfor 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 II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties I.nflation 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 lI penalty not to exceed $137,500). Part V Page 1 of 6 E PET NO. NCS000398 2. 3. 4. 6. 7. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permitteafr2many 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 1,319. Furthermore, the permittee is responsible for consequential damages, such as fish kills even thougli the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to prdMU'the�i5s-titution of any legal action or relieve the permittee from any responsibilities, liabilities,r penalties to which the permittee is or may A .aa,f a'v...' be subject to under NCGS 143-215:75 et seq�or Section 311 of the Federal Act, 33 USC 1321. 'r 3 Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive priv leges, nor does it authorize any injury to private property or any invasion of personal rights, naFxany,,1mfrmgement of federal, state or local laws or regulations. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 6 PERMIT NO. NCS000398 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions ,� This permit maybe modified, revoked and reissued, or terminat d:,f` or cause. The notification of ram~ r, sa.. .v planned changes or anticipated noncompliance does not stay any permit condition. N Part V Page 3 of 6 �J PET NO. NCS000398 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance PA 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. Nprrl to Unit nr Rerince not n nefPnSP It shall not be a defense for a necessary to halt or reduce tl• condition of this permit. Part V Page 4 of 6 ild have been fiance with the • 40 PERMIT NO. NCS000398 SECTION C: MONITORING AND RECORDS 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 betaken 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_'Direct. 2. Flow Measurements Where required, appropriate flow measurement devices~and xidthods consistent with accepted ,OWE. VAIUF scientific practices shall be selected and used to ensureAle accuracy and reliability of measurements of the volume of monitored dischares.ai 3. Test Procedures Test procedures for the analysis df,pollutaht�*hall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq thcVatervand Air Quality Reporting Acts, and to regulations published pursuant to�Sectiafi%344(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. r=qf 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) Nave access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part V Page 5 of 6 • PAIT NO. NCS000398 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 • 0 PERMIT NO. NCS000398 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, Paris 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter, 21-1 .0100; and North Carolina General Statute 143-215.1 et. al. Part VI Page 1 of 1 • 0 PERMIT NO. NCS000398 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the reasonable administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page l of 1 PERMIT NO. NCS000398 2 PART V1II DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution be structural or non-structural and may take the form of a pre planning (see non-structural BMP). AN Built -upon Area That portion of a development project that is covered surface including, but not limited to, buildings; paver lots, and paths; and recreation facilities such as tennis a wooden slatted deck, the water area of a swirr ming Ar :a paving material to the extent that the paving material g paving P through the avin material. �1� 4. Clean Water Act The Federal Water Pollution amended, 33 USC 1251, et. surface waters. BMPs can vity, physical structure or impervious or partially impervious °andgravel areas such as roads, parking ?R' OBuilt-upon area" does not include Fl or pervious or partially pervious orbs water or allows water to infiltrate 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. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWQ) The Division of Water Quality, Department of )nviromnent and Natural Resources. . Part VIII Page 1 of 4 • PAT NO. NCS000398 0 IN 12 13 Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. Grab Sample An individual sample collected instantaneously. Grab qualitatively monitored must be taken within the first Hazardous Substance Any substance designated in 40 CFR Part 116 pursuar Illicit Discharge Z. Any discharge to a MS4 that is not V"4 to an NPDES permit (other than th and discharges resulting from fire., Industrial Activity For the purposes of this in 40 CFR 122.26. ill be directly analyzed or 311 of the Clean Water Act. 'ely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): i. Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 Part VIII Page 2 of 4 PERMIT NO. NCS000398 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 (lows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swinuning pool discharges, and street wash waterj(discharges or flows from fire fighting activities are excluded from the definition of illicitidischarge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). ti r= 16, Non-structural BMP Non-structural BMPs are preventive actions that involve,management and source controls such as: (1) Policies and ordinances that provide requirernentJand standards to direct growth to identified areas, protect sensitive areas such(a wetlands` and riparian areas, maintain and/or increase open space, provide buffers,along'sensiti`ve.water bodies minimize impervious surfaces, and/or minimize disturbance of oils nd vge ation; (2) policies or ordinances that encourage �a- sity�urr3 -� infill development in higher den ban,areas, and areas with existing storm sewer infrastructure; (3) education programs f8fa&velopers 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 thoughtH'as-good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this pernut. 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 stonnwater control than the previous development. Part VIII Page 3 of 4 ' 1 PET NO. NCS000398 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides th�eientific 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 w er,,q al ty,standards in all seasons. The Clean Water Act, Section 303, establishes the wate quality st ndards and TMDL programs. ILI 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of theVI an Water Act. Part VIH Page 4 of 4 I Facility Name: M'DES 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): DOCUaNIENTS REVIEWED ii�r� %}�.1+— Michael l�.-Easlcy, Govemor .�E " y William C. RussJr.,Sccrclary NOVc7 c� ' North C rolina Department or Environment and Natural Resources NO v G p 2004 Alan W. Klimek, P. 1,. Director Division of Water Quality BY:— Coleen 11. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDFS Stormwater Permit Nev.- I lanover County NCS000398 New Hanover County Municipal Separate Storm Sewer System Moa Creek, the Cape bear River- Prince George (.reek.. Flcwletts Crcck, Smith Creek, I to+v(; CrvA, Lords Creek, Ness C:.rcek, "1 cElairs Creek, and hveret Creek Cape Fcar River Fusin C S%V; SA HQ\V; SA ORW: SC S\V See attachyl draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable I)ecernbcr 17, 2004 M'DES Stormwater Permit Application Donn Narrative Application Supplement. Stormwater ,'Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 06, 2003 and additional information received on August 5, 2004 is still cient to issue an Individual Stormwater Permit. "? ? A ,J Prepared by (Signature) �'a-t- / /-f�' Date Stormwater and General Permits Supervisor Date Concurrence by Regional Office Date Water Quality Supervisor Q_x,.C� ���t ��i �'"Z Date C11 t—k 4 C. LCti ^t/ ic5 t 1- t t T- S P P,,� 5, z r- . S v h ��,�� t t C �—t-, t s 5 7-�, ��► I t-, rc ter �i C= - s� ✓ �� f��z�,t_2.. t `t— • NCDENR N. C. Division of Water Quality 1017 Mail Service Center Raleigh, North Carolina 27099-1617 (919) 73 3 -70 15 Customer Service 1-877-623-6749 NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM 502 WILMINGTON, NORTH CAROLINA 28401-4058 TELEPHONE (910) 341-7184 rAX (910) 341-4027 August 3, 2004 Aisha H. Lau, EnvironmentalEngineer N.C. Department of Environment & Natural Resources Division of Water Quality 1617 Mail Service Center ALLEN O'NEAL County Manager PATRICIA A. MELVIN Assistant County Manager DAVID F. WEAVER Assistant County Manager 230 Market Place Drive Telephone (910) 79n-7139 Fax (910) 798-7051 w1..iw.L'71i�4:k�.;�L+Z:�.:...+u.w..ara..w.ruyN,:.iry�a.:K.0 r•�• z Ij i Raleigh, North Carolina 27699-1617 RE: Amendment to the New Hanover County NPDES Phase 11 Application Dear Mr. Lau, i ID A U G 5 2004 DENR _ WATER QUALITY POINT SOURCE BRANCH Attached are section modifications to the County's NPDES Phase lI Application in response to your June 21, 2004 letter. Changes are in bold face. Thank you for your assistance. Please feel free to contact me if you have any questions or comments. Sincerely, David F. Weaver Assistant County Manager New Hanover County DFWlpdm cc: Greg Thompson, P.E., NHC Engineer Neal Lewis, NHC Parks Director on the need to eliminate all illicit discharge and to be sensitive to their presence. Signs will be posted on County MS4 properties to notify the public against illicit discharges. Recycling programs are in place in the County for such materials as used oil and household hazardous waste. Other outreach programs will occur as previously discussed. Signs and other outreach programs will provide appropriate phone numbers for Engineers and Parks for public contact. 7.3.9 Decision Process The decision process for the illicit discharge detection and elimination program was initiated by both the County's continuous commitment to improving estuarine water quality and by the requirements of the NPDES Phase II program. The rationale for the County's program for illicit discharge detection and elimination, individual BMPs, measurable goals, and designation of responsible persons has been to recognize the importance of estuarine water quality for the County's quality of life and to reverse the general process of water quality deterioration in the County. The County has been at least partially successful as indicated by improved water quality in Futch's Creek, and anticipated improvements in Pages, Howe, and Hewletts Creek. The County's support of the estuarine creek monitoring programs (see Attachment Eight) and its implementation of programs far beyond the minimum required attest to the County's emphasis on an environmentally committed decision process and rationale. It is critical to note that the County has implemented ordinances and programs that far exceed the minimum needed for the elimination of illicit discharge on County MS4 properties. 7.3.10 Evaluation The success of this measure will be accomplished through the estuarine creek monitoring program, the existence of described programs, and the lack of illicit discharges on County MS4 properties. 7.4 Construction Site Stormwater Runoff Control The County relies on State Stormwater regulatory programs and the County's State -delegated programs for Erosion and Sediment Control to meet this requirement. This program, which has been in place for well over ten years and is annually evaluated by the State, is well -respected. Public complaints about sediment run-off have traditionally been directed to the County Engineering Department. This information will be listed in appropriate outreach materials. 7.5 Post -construction Stormwater Management in New Development and Redevelopment 7.5.1 through 7.5.7 The County's existing ordinances will be reviewed as outlined on the following BMP Summary Table for compliance with this section. 7.5.8 BMP Summary Table (see following page) 7.5.9 Non --structural BMPs 7.5.9.1 Please see the discussion in Section 3. 7.5.9.2 The CAMA Land -Use Plan encourages in -fill development. The County Zoning Ordinance allows for density development, if performance controls are installed, in appropriate urban transition areas. 7.5.9.3 Please see earlier sections and attachments concerning education programs for developers and the public. 7.5.9.4 The County Zoning Ordinance and drainage ordinance have measures affecting the amount of and connectivity of impervious surface. 7.5.10 Structural BMPs Structural BMPs are required under ordinance as necessary for new development. Structural BMPs, such as retention ponds, are located on County MS4 properties as required. 7.5.11 Regulatory Mechanism The County already has regulatory mechanisms in place (see Attachments Two and Three). Development and re -development is not allowed to impact septic field or system operations as controlled under the building permit review procedure. 7.5.12 Operation and Maintenance Operations and maintenance of structural BMPs are addressed in County ordinances (see Attachments Three). The County is directly responsible for structural BMPs on County MS4 properties, as enforced by State DWQ regulations. 1 7�� • 0 NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM 502 WILMINGTON, NORTH CAROLINA 28401-4058 TELEPHONE (910) 341-7184 FAX (910) 341-4027 August 3, 2004 Aisha H. Lau, Environmental Engineer N.C. Department of Environment & Natural Resources Division of Water Quality 1617 Mail Service Center ALLEN O'NEAL County Manager PATRICIA A. MELVIN Assistant County Manager DAVID F. WEAVER Assistant County Manager 230 Market Place Drive Telephone (910) 798-7139 Fax (910) 798-7051 �tiA:xcAtA�::i..R.uxer.�..:.�a�.m..us,iw�.Y.aus+wnd�2urav, 4�'t• 1 . f ) A U G 5 2004 DENR - WATER QUALITY M POINT SOURCE BRANCH Raleigh, North Carolina 27699-1617 RE: Amendment to the New Hanover County NPDES Phase ICI Application Dear Mr. Lau, Attached are section modifications to the County's NPDES Phase 11 Application in response to your June 21, 2004 letter. Changes are in bold face. Thank you for your assistance. Please feel free to contact me if you have any questions or comments. Sincerely, David F. Weaver Assistant County Manager New Hanover County DFWlpdrn cc: Greg Thompson, P.E., NHC Engineer Neal Lewis, NHC Parks Director W o��� A r F9p� 4 �_ )� y Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Akan W. Klimek, P.E. Direcror Division of Water Quality June 21, 2004 Mr. David F. Weaver Assistant County Manager New Hanover County 230 Market Place Drive, Suite 160 Wilmington, NC 28403 Subject. NPDES Permit Number NCS000398 Additional Information Request New Hanover County County Dear Mr. Weaver: After a review of your permit application materials I found that there were a couple of pieces of information that were not fully addressed. Please provide a letter detailing how the following pieces of information will be addressed in New Hanover County's Stormwater Management Program. 1) Section 7.3 Illicit Discharge Detection and Elimination didn't mention a means for the public to report illicit discharges. How will the county receive feedback from county residents regarding illicit discharges? 16 Section 7.4 Construction Site Stormwater Runoff doesn't offer a means for the public to notify the appropriate authorities when erosion and sedimentation problems are observed. How does the county receive sedimentation attd erosion control complaints? 3) Section 7.5 Post -Construction Storm Water Management in New Development and Redevelopment didn't mention coordinating with the local health department to make sure that septic systems are not contributing fecal contamination to the stormwater system. How will New Hanover County address this issue? Please provide the requested information by Friday, July 23. If you have any questions about this request don't hesitate to contact me at (919) 733-5083, ext. 578. Sincerely, Aisha H. Lau Environmental Engineer cc: Stormwater and General Permits Unit is X*An KDERR Customer Service Division of Water Quality 1517 Mail Service Center Raleigh, NC 27699-1617 (919) 733-701 S 1 800 523-6748 o�oF w ArF,�Q� Mr. David F. Weaver Assistant County Manager New Hanover County 230 Market Place Drive, Suite 160 Wilmington, NC 28403 Dear Mr. Weaver: Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.F. Director Division of Water Quality June 2 t, 2004 Subject: NPDES Permit Number NCS000398 Additional Information Request New Hanover County County After a review of your permit application materials I found that there were a couple of pieces of information that were not fully addressed. Please provide a letter detailing how the following pieces of information will be addressed in New Hanover County's Stormwater Management Program. L Section 7.3 Illicit Discharge Detection and Elimination didn't mention a means for the public to report illicit discharges. How will the county receive feedback from county residents regarding illicit discharges? 2) Section 7.4 Construction Site Stormwater Runoff doesn't offer a means for the public to notify the appropriate authorities when erosion and sedimentation problems are observed. How does the county receive sedimentation and erosion control complaints? 3) Section 7.5 Post -Construction Storm Water Management in New Development and Redevelopment didn't mention coordinating with the local health department to make sure that septic systems are not contributing fecal contamination to the stormwater system. I -low will New Hanover County address this Issue'? Please provide the requested information by Friday, July 23. If you have any questions about this request don't hesitate to contact me at (919) 733-5083, ext. 578. Sincerely, Aisha H. Lau Environmental Engineer cc: Stormwater and General Permits Unit N% NCDENR Customer Service Division o1 Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 1 800 623-6748 r Review of New Hanover County's Phase 11 Application, NCS000398. Initial Review This application had all of its necessary parts. New Hanover County drains to the; Cape Fear River Basin. 'There are 1 l stream segments listed in the county with most of them listed as C, SW, a couple SA, HQW, one SA, 4RW, and one SC, SW. The county implements its own sedimentation and erosion program. The county also has its own drainage ordinance applicable to any development with 10,000 SF impervious surface. There is also a county zoning conservation overlay district, CAMA Land -Use Plan, and a Tidal Creeks Advisory Board. 7.1 Public Education and Outreach 1) Develop Website —The county has its own website, but makes no mention of including stormwater information there with the exception of environmental education activities at its Airlie Gardens Park. 2) Educate Children — The county will develop age -specific educational information for use in schooling, training for teachers, and program for students. 3) Educate Homeowners —The county will distribute pollution prevention brochures and develop and play water quality educational videos and PSAs on the county television station. Post information at County parks concerning pet waste. 4) Educate Businesses —The county will talk with development community individuals on it one-on-one basis. 7.2 Public Involvement and Participation 1) Comply with open meeting laws —The county will continue to comply with all public hearing and notice requirements whenever regulations or other items, such as CAMA plans, are being considered. 2) Community Involvement —The county will continue to seek volunteers for the CCS Arboretum and Airlie Gardens Programs. 7.3 Illicit Discharge Detection and Elimination 1) Storm Sewer Mapping; — Complete maps of listed county properties in years 2 through 5. 2) Inspection and Enforcement to Identify and Eliminate Illicit Discharges — Appropriate county employees will be given training to be aware ol' and to report illicit discharges in years 2 through 5. 3) Inspection of MS4 to Detect Dry Weather Flows — A county drainage engineer will analyze each MS4 system with the intent to pinpoint possible sources ol' stormwater pollutants and to suggest BMP improvements for each system in years 2 through 5. Zn 4) Cross -`Training Staff for Detection and Reporting of Illicit Discharges -- Conduct training for county personnel in years 2 through 5. 5) A Means for the Public to Report Illicit Discharges — The county makes no mention of how the public will report illicit discharges. 7.4 Construction Site Stormwater Runoff 1) Locally Administered Sedimentation and Erosion Control Program —The county relies on its state -delegated program. 2) Means for Public to Notify Appropriate Authorities When Erosion and Sedimentation Problems Observed —There is no mention of how this is handled. 7.5 Post Construction Stormwater Management 1) Develop a Local Post Construction Ordinance a) Permit for development under low or high density options or implementation of watershed protection plan — The county has an existing stormwater management ordinance and a CAMA land use plan. In the BMP summary table the county states that it will review and modify ordinances as necessary to comply with this section in years 3 through 5. b) Long term operation and maintenance of structural BMPs — This has already been adopted as part of the county's Stormwater Management Ordinance. c) Specific measures for protecting SA, Tr, or NSW waters — SA waters are addressed in the County's CAMA Land -Use Plan. 2) Develop a Fecal Coliform Control Program With Local Health Department. — The county mentions putting signage for pet owners up in parks, but there is no mention of working with the health department for septic systems. 3) Education For Regulated Community — The city will contact developers on a one- on-one basis as appropriate. The cooperative extension agency is preparing t1•aining on measures for stormwater runoff management for development professionals. 7.6 Pollution prevention and Good Housekeeping for Municipal Operations I ) Training for Staff in Pollution Prevention and Good Housekeeping — County staff is trained in the proper use of fertilizers and pesticides. 2) Listing of Facilities with the Potential for Generating Polluted Stormwater Runoff —The county lists the county landfill, a waste -to -energy facility, and the county vehicle maintenance shop. 3) Inspection and Evaluation of Municipal Operation and Correction of Problems —The county's drainage ways will be inspected and cleared as needed, at least annually. 4) Compliance with NPDES Stormwater Permits at Municipal Sites — The county has had the landfill covered by a general permit and sent a no -exposure exemption for its waste -to -energy facility.