HomeMy WebLinkAboutONSLOW_COMPLETE FILE - HISTORICAL_20060220STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCSOOOO_
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
❑ �o&4
DATE
YYYYM M DD
L
F WA ]Le Michael F. Easley, Governor
O�� 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural. Resources
co 7
Akin W. Klimek, P. E. llircctor
>_ Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Qualily
STAFF REVIEW AND EVALUATION
NPDES Stormwater Permit
Facility Name:
NPDES Permit Number:
Facility Location:
Type, of Activity:
Receiving; Stream:
River Basin:
Onslow County
NCS000425
Onslow County
Municipal Separate Storm Sewer System
New River Sub Basin,
White Oak River Basin
Stream Classification: C, NSW
Proposed Permit Requirements: See attached draft permit
Compliance Schedule: See Part V, Section A of the attached draft permit
Basis for Monitoring: Not applicable
Basis for Other Requirements: Not applicable
Response Requested by (Date): April 13, 2006
DOCUMENTS REVIEWED
NPDES Stormwater Pan -nit Application Forin
Narrative Application Supplement: Stormwater Management Program Report
Recommendation: Based on the documents reviewed, the application information submitted on March 10, 2003 is
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature)
Stormwater and General P
Concurrence by Regional
Water Quality Supervisor
Date 6 -W— ZoAe.
Date &2-OZz4006
Date
Date
N. C. Division of Water Quality 1617 Mail Service Center Ralcigh, North Carolina 27699.1617 (919) 733-5083
VA
NCbrNR
Customer Service
1-877-623-6748
F W A jF Michael F. Easley, Governor
`O�� 9PG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
6 r Alan W. Klimek, P. E. Director
5 - Division of Water Quality
❑ Coleen H. Sullins, Deputy Director
Division of Water Quality
February 20, 2006
Ms. Debra Hill
Onslow County Planner
604 College St.
Jacksonville, North Carolina 28540
Subject: Draft NPDES Permit Number NCS000425
Dear Ms. Hill: - --
Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit
for the County of Onslow .
In a letter dated May 18, 2005, the Director, in response to the great volume of concern
expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing
low density impervious surface limits, directed DWQ staff to withhold issuance of individual
Phase II permits for communities within the Coastal Counties until such time that a review of the
effectiveness of the proposed post -construction stormwater control measures in the draft Phase lI
Permits and the existing State Coastal Stormwater Program could be completed. DWQ has
decided to move forward with drafting Phase U 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.
*h
06ENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service
1-877-623-6748
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. Please provide your comments by
Thursday, April 13, 2006. You will also have an opportunity to submit comments during the
public comment period. If you have any questions about this draft permit don't hesitate to contact
me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801.
Sincerely,
Micheal F. Randall
Environmental Engineer
Stormwater and General Permits Unit
cc: Stormwater and General Permits Unit
Wilmington Regional Office
STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMTI' NO. NCS000425
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with applicable law, including the regulations promul
Carolina Environmental Management Commission, and the Federal
amended,
Onslow County
is hereby authorized to discharge stonnwater from their
located: All
within the
to receiving waters, New River Sub Ba
with the discharge limitations, monitor
IV, V, VI, VII and VIII hereof. A
This permit shall become effective Month Day, Year.
A by the North
Control Act, as
cipal separate storm sewer system
County
iite Oak River Basin River basin in accordance
and other conditions set forth in Parts I, II, III,
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. NCS000425
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',�;:;
„r
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION,�A9-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 VIII DEFINITIONS
i
PERMIT NO. NCS000425
PART 1 PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
County of Onslow is authorized to discharge stormwater from the municipal separate storm
sewer system (MS4) to receiving waters, New River Sub Basin, within the White Oak River 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 lI Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive S0mwater Management
Program Report and any approved modifications. ,41 l;
All discharges authorized herein shall be lawfully r
conditions of this permit. Any other point source d
prohibited unless it is an allowable non-stormwater
authorization, or approval.
This permit does not relieve the permittee
applicable federal, state, or local law, rule,
4. This permit covers activities asso
or operated MS4s within the desi
Stormwater Plan to control paten
future County owned or operat d
that seek coverage under thislper.
permittee. Agreements for cover
Water Quality, herein referredlto
aecJffince with the terms and
•a'. -
surface waters of the state is
iris covered by another permit,
for compliance with any other
order, judgment, or decree.
iaf-ed withithe discharge of stormwater from the County owned
mateNVMd urbanized area as described in the approved local
tal p IJution from the MS4. The permit applies to current and
MS4s within the designated urbanized area, as well as areas
nit through inter -local or other similar agreements with
igetu'nder this permit must be approved by the Division of
asthe 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 pennittee will
develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of
.the Clean Water Act, provisions outlined by the Director, and the -provisions of this permit.
The permit requires the development and proper implementation of the Stormwater Management
Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants
from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the
applicable water quality requirements of the Clean Water Act. Implementation of best
management practices consistent with the provisions of the Stormwater Management Plan
constitutes compliance with the standard of reducing pollutants to the maximum extent
practicable. Successive iterations of the Stormwater Management Plan and other components of
this permit will be driven by the objective of assuring that discharges do not cause or contribute
to the violation of water quality standards, through the expansion and tailoring of management
measures within the scope of the Stormwater Management Plan.
Part I Page 1 of 2
PERMIT NO. NCS000425
$. 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: A,
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration
• uncontaminated pumped groundwater`;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (cercial/i
wl
• irrigation waters (doescnot include .reclaim
.0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and cWvyearashing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
Jential);
water as described in 15A NCAC 214
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. NCS000425
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:
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
4�,.� a
and Iegal authorities and will pursue these authorities in4ccordance,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 maximu/�m:exten�tt practicable. It is anticipated that in
Rf iryWK rry
order to meet this provision, implementation of the Stormwater Plan will occur with emphasis
given to priority areas and to management mea ures�nd p grams that are most effective and
efficient at varying stages of the Alan's implementation'
3. The permittee will implement the co-mponent's-ot e-Stormwater Plan to prohibit, to the
maximum extent practicable, illicitconneetions, spills and illegal dumping into the MS4.
4. The permittee will imp lement,provisiondf the Stormwater Plan as appropriate to monitor and
assess the performance of the various management measures that are a part of the Stormwater
V 4� �
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.
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 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 Il Page 1 of 13
PERMIT NO. NCS000425
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.
A
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 Water Quality Recovery Program. The
following additional requirements apply. k
(a) Within two years after receiving the Division's notice,tthhat the permittee is subject to a
TMDL, the pern�ittee shall establish a TMDL Water"Quality Recovery Program and shall
identify the locations of all -currently knowdMS4Noutfalls from the County owned or
operated MS4s within the designated urbanized areas described in the approved local
Stormwater Plan with the potential ofid_ scha ging the pollutant(s) of concern: to the
impaired segments, to their tributaries and�to segments and tributaries within the
� " � r1� h' _roc'
watershed contributing to the impaiiedd segments. The permittee shall also develop a
schedule to discover and l'odate all ther MS4 outfalls from the County owned or
operated MS4s within the designated urbanized area as described in the approved local
Stormwater Plan that may be discharging the pollutant(s) of concern: to the impaired
stream segments, to their tributaries, and to segments and tributaries within the
watershed contribute gtto 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 Iocation 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 II Page 2 of 13
PERMIT NO. NCS000425 .
appropriate best management practices constitutes compliance with the standard of
reducing pollutants to the maximum extent practicable.
(e) 'Following any review and comment by the.Division on the TMDL Water Quality
Recovery Program, the permittee shall incorporate any necessary changes into the
program. The permittee shall incorporate the revised TMDL Water Quality Recovery
Program into the Stormwater Management Plan.
The permittee can identify th
305(b) and 303(d) Report (oi
Quality Modeling and TMD]
Part II Page 3 of 13
2004 Integrated
e Division of Water
PERMIT NO, NCS000425
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 stor nwater pollution.
(d) Inform target groups on steps they can take to reduce orpre ent stormwater pollution,
2. BMPs for Public Education and Outreach
For each MS4 subject to Phase II, the permittee shall implemenfthelfollbwing BMPs to meet the
objectives of the Public Education and Outreach Program andi all. notify the Division prior to
modification of any goals. ����' :�
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(a) Public Education and
Develop aPtililic Ed cu anon and Outreach
X
Outreach Program
Program witliirin lr2 months of the permit issue
date describing outreach strategies to inform
Industrial Park tenants, on utilizing practices
that o us on,pollution sources that they will
tai mosCelyz able to reduce.
(b) Public Education
Develop stormwater educational material for
X
X
X
X
Materials
Industrial Park tenants. 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. Possibilities include proper waste
management, stream bank stabilization, and
proper retention pond maintenance and
operation, 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) Brochure and Fact Sheet
Distribute educational material to Industrial
X
X
X
X
Distribution
Park tenants. Possibilities include proper
waste management, stream bank stabilization,
and proper retention pond maintenance and
operation.
(e) Industrial Park
Conduct informational workshop with each
X
X
X
X
X
Stabilization
new Industrial Park tenant during building
construction process
Part 11 Page 4 of 13
PERMIT NO. NCS000425
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 11, the perm ittee shall in
objectives of the Public Involvement and Participation
modification of any goals.
r
tMPs to meet the
the Division prior to
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(a) Public Involvement
Develop and implemeni a Public Involvement
X
X
X .
X
X
Program
AV
and Participation Program.,,
`.
(b) Volunteer Involvement
Organize andliinplement.a volunteer
X
X
X
X
X
Program
stormwater-related,program designed to
promote ongoi &%citizen participation.
Possibilities include, planting bushes and
shrubs in conjunction with education process
,y.
to stabili,Wstream banks and tenant lots
during construction, Pollution Source
Determination surveys, Burton Industrial Park
Advisory Committee, and tailored Industrial
Park Tenant program.
(d) Stormwater Advisory
Continue with committee and expand
X
X
X
X
X
Committee
membership to include Industrial Park
representative.
Part II Page 5 of 13
PERMIT NO. NCS000425
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 acid actions.
(d) Develop a storm sewer system map showing all1ou falls acid}waters receiving discharges from the
ame
County owned or operated MS4 within the designated urbanized area as described in the
approved local Stormwater Plan.
(e) Inform employees, businesses, and the general..p of°hazards associated with illegal
discharges and improper disposal of waster.
2. BMPs for Illicit Discharge Detection and Elimination
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For each MS4 subject to Phase II, the perrhitte6sliall implement the following BMPs to meet the
objectives of the Illicit Discharge Detection and Elini ination Program and shall notify the Division
prior to modification of any goals
_ BMP My
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(a) Develop/Implement Illicit
Develop and implement an Illicit Discharge
X
X
X
X
X
Discharge Detection and
Detection and Elimination Program. Include
Elimination Program
provisions for program assessment and
evaluation.
(b) Prohibit Illicit Discharges
Establish and maintain adequate legal
X
X
X
X
X
authorities to prohibit illicit discharges and
enforce the approved Illicit Discharge .
Detection and Elimination Program. If the
county does not have the legal authority to
develop an enforceable ordinance to prohibit
illicit discharges to their MS4, their
Stormwater Program must describe how they
will rely on other entities that do have the
necessary authority to prohibit illicit
discharges.
(c) Develop a Storm Sewer
Identify outfall locations and map stormwater
X
X
X
System Base Map
drainage system components from the County
owned or operated MS4 within the designated
urbanized area as described in the approved
local Stormwater Plan. At a minimum,
mapping components includes outfalls,
drainage areas, and receiving streams.
Part 11 Page 6 of 13
PERMIT NO. NCS000425
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(d) Implement Illicit
Implement an inspection program to detect dry
X
X
X
X
X
Discharge Detection
weather flows at system outfalls. Establish
Procedures
procedures for tracing the sources of illicit
discharges and for removing the sources.
Develop procedures for identification of
priority areas likely to have illicit discharges.
Continue to identify, locate, and update maps
of drainage system components on a priority
basis per approved Illicit Discharge Program.
(e) Illicit Discharge
Conduct inspections and take reasonable steps,
X
X
X
X
X
Detection and
to mitigate any illicit dumpinggdiscovered
EIimination Inspection
during these inspections. Report any: l t
Program
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discharges discovered during -these
inspections.
(f) Employee Training
Train 2 Onslow County Environmental
X
X
a.1 ID -V
Officers+n"stormwater regulatory measures
and legal ifi��'
(f) Employee Training
Train applicable,,ghslow County
X
X
X
Environmental Officers on hazards
associated witE illegal discharges and
im oo oi'dis osal of waste.
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(g) Public Education
Prepare educational material and distribute to
X
X
X
X
X
Industrial Park Tenants. Inform Industrial
Park Tenants of hazards associated with
illegal discharges and improper disposal of
waste.
Part II Page 7 of 13
PERMIT NO. NCS000425
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
I. 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?aNnd sediment control
practices, review of site plans which incorporatesfconsideration of potential water quality
impacts, and procedures for site inspection and en orcement.of control measures.
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(c) Establish requirements for construction site operators to contWF*astc such as discarded
building materials, concrete truck washout, chemieaI"s, litter, and sanitary waste at the
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construction site that may cause adverse impacts to water,quality.
2. BMPs for Construction Site Runoff Controls
For each MS4 subject to Phase II, the
objectives of the Construction Site Ri
modification of any goals.
;nt the following BMPs to meet the
notify the Division prior to
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(a) Implement a program and
Develop and implement a program requiring
X
X
X
X
X
establish a regulatory
erosiondb 'sediment controls at construction
mechanism for erosion
sites and providing for sanctions to ensure
and sediment control
compliance.
The permittee must meet the requirements of
the construction program for construction
projects that are performed by, or under
contract for, the permittee. To meet this
requirement, the permittee may either
develop the necessary requirements for
construction controls that will pertain to their
own projects, or develop procedures to
ensure that the permittee meets these
requirements by complying with another
entity's Phase H Stormwater Management
Programs for construction. If the permittee
decides to rely on another program for
compliance with these program areas for
their own projects, they must indicate in their
Stormwater Management Program that the
permittee will fully comply with the
requirements of the second party's programs.
Part II Page 8 of 13
PERMIT NO. NCS000425
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3M
'
For construction activities performed within
the permittee's permitted area not performed
by, or under contract with, the permittee, the
permittee must:
1 } Develop a construction program in full, if
the permittee has legal authority to
develop and enforce an ordinance to
control construction runoff runoff. (fThe
ordinance must be reviewed and�approved..,
by the Director prior to implementation.)
or
2) Indicate in their Stormwater Management
Program how they wille y'o another
party to implement the constt action
program. The permttee must describe
how they will�C perae,-with the entity
thatdoes havejeegaal authority to ensure
kuw
properdinplementation of the program
V
area requirements?'
(b) Requirements for
Require construction site operators to
X
X
X
X
X
Construction Site
implement erosion and sediment control
Operators
BMPs�and to control construction site wastes
that may cause adverse water quality impacts.
(c) Educational and training
Provide educational and training materials for
X
X
X
X
X
materials
construction site operators. New materials
may be developed by the permittee, or the
permittec may use materials adopted from
other programs and adapted to the permittee's
construction runoff controls program.
(d) Plan Reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Public Information
Establish procedures for receipt and
X
X
X
X
X
consideration of erosion and sedimentation
information submitted by the public.
Publicize the procedures and contact
information. The procedures must lead
directly to a site inspection or other timely
follow-up action.
(f) Inspection Procedures
Establish procedures for inspecting
X
X
X
X
X
construction sites for proper installation and
maintenance of construction site BMPs.
Part II Page 9 of 13
PERMIT NO. NCS000425
SECTION F: POST=CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) . Manage stormwater runoff from new development / 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 moi of land surface,.
including projects less than an acre that are part of a larger co�nunoitu n,planof development
or sale for each MS4 subject to Phase H within 24 months4of'the penni.f4ssue date.
W WWW. -
(a) The permittee must meet the requirements of the post -,-,construction program for
construction projects that are performed by,wor under contract for, the permittee. To
meet this requirement, the permittec may; either develop the necessary requirements for
post -construction controls that will pertain to thei o n projects, or develop procedures
to ensure that the permittee meets these requirements by complying with another entity's
Phase II Stormwater Mama g enP ograrns or post -construction. If the permittee
decides to rely on another'prrogramzfor compliance with these program areas for their
own projects, they must mdieaWin their Stormwater Management Program that the
permittee will fully comply with t drequirements of the second party's post -
construction programs IV
For construction activitperformed within the permittee's permitted area not
performed by, or under contract with, the permittee, the permittee must:
(i) Develop a post -construction program in full, if the permittee has legal authority
to develop and enforce an ordinance to control post -construction runoff, (The
ordinance must be reviewed and approved by the Director prior to
implementation.) or
(ii) Indicate in their Stormwater Management Program how they will rely on another
party to implement the post -construction program. The permittee must describe
how they will cooperate with the entity that does have legal authority to ensure
proper implementation of the program area requirements.
(c) For each MS4 subject to Phase H, the post -construction stormwater runoff from new
development and redevelopment shall include:
(i) Strategies for structural and/or non-structural BMPs,
(ii) A mechanism to require long-term operation and maintenance of structural BMPs
(iii) Annual inspection reports of permitted structural BMPs,
(iv) Plan review procedures that incorporate water quality considerations in post-
construction'site plan reviews.
(v) A program to ensure proper operation and maintenance of on -site wastewater
treatment systems for domestic wastewater.
(vi) Nutrient sensitive waters (NSW) protection measures (for programs with
development or redevelopment draining to NSW waters) to ensure that the best
management practice for reducing nutrient loading is selected. In areas where
Part 11 Page 10 of 13
PERMIT NO. NCS000425
3..
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 from%t�hhe first one and one half inch of
rainfall to the level specified in Paragraph (b) of thus ru emn addition, all impervious
surfaces, except for roads, paths, and water dependerivstruc ores„shall be located at least
30 feet landward of all perennial and intermittent''sui7ace wat&W Redevelopment
activities that meet the provisions of 15A NCACi2H1\1002(14) shall not be required to
comply with the requirements of this Paragrraapye
(b) Structural stormwater controls required unde0aragraphs (a) shall meet the following
criteria: ,
(1) Remove an 85%:averageannual V56bntf TotalSuspended Solids.
(2) For wet detention ponds draw down the treatment volume no faster than 48
hours, but no slower�than�120 ho rs.
(3) Discharge the st6rage v e at a rate equal or less than the pre -development
discharge ratepfor the I -.year, 24-hour storm.
(4) Meet the Ge eral Engineering Design Criteria set forth in 15A NCAC 2H
.1008(c)• ttl'
(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 2i3
.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.
{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.
Part II Page l I of 13
PERMFT NO. NCS000425
(2)
Prohibit new points of stormwater discharge to SA waters or expansion (increase
in the volume of stormwater flow through conveyances or increase in capacity of
conveyances) of existing stormwater conveyance systems that drain to SA
waters. Any modification or redesign of a stormwater conveyance system within
the contributing drainage basin must not increase the net amount or rate of
stormwater discharge through existing outfalls to SA waters. Diffuse flow of
stormwater at a non -erosive velocity to a vegetated buffer or other natural area
capable of providing effective infiltration of the runoff from the i -year, 24-hour
storm shall not be considered a direct point of stormwater discharge.
Consideration shall be given to soil type jop%.egetation, and existing
hydrology when evaluating infiltration effectiveness
Part U Page 12 of 13
PERMIT NO. NCS000425
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 County operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
For each MS4 subject to Phase II, the permittee shall implement the�f ing BMPs to meet the
e AA% a g
objectives of the Pollution Prevention and Good Housekeeping Prograrri.and shall notify the Division
prior to modification of any goals.
r, � I3MP t rt'
7
t �� �. _, Measurable Goals } �ti e t ; ,
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5
(a) "Operation and
Develop an operation and maintenance
X
X
X
X
X
maintenance program
program that has the ditimate goal of
ucian preventing or redng pollutt runoff from
i ris
municipahoperatio;
(b) Stormwater and Waste
Prepare Stonriwater and Waste Management
X
X
X
X
X
Management Plan for
Plan for Burton�lndustrial Park
Burton Industrial Park
. It J
(c) Spill Response
Develop; wn`tten procedures for accidental
X
releases.
(d) Inspection and evaluation
Identify activities and operations at Burton
X
X
X
X
X
of facilities, operations,
industrail Park with the potential for
and the MS4 system and
generating polluted stormwater runoff,
associated structural
including the MS4 system and associated
BMPs.
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 deficiencies, plan and
implement corrective actions.
(e) Applicable Onslow
Train applicable Onslow County employees
X
X
X
County Department
regarding illicit discharge, pollution
Training
prevention and good housekeeping
procedures.
Part 11 Page 13 of 13
PERMIT NO. NCS000425
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 documentation of results shall be
included. Documentation will be kept on -file by the permittee.for a period of five years and
made available to the Director or his authorized representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and
annual basis. The permittee will submit a report of this
the Division on an annual basis. This information will
cover the previous year's activities from Date to Date
appropriate information to accurately describe the.prol
Stormwater Plan and will include, but is not limiter tol
iecessary, but at least on an
t�^'� .
ndmomtoring information to
i by date of each year and
-e's reporting will include
and results of the permittee's
owing components'.
(a) The permittee will give a detailed de�rniati
`scriptionof the status of implementation of the
Stormwater Plan. This will'include�.infoon on development and implementation of
all components of the Storrwater Plan for the past year and schedules and plans for the
year following each report
(b) The permittee will adequately derscribe and justify any proposed changes to the
Stormwater Plan. Thisiwill include descriptions and supporting information for the
proposed changes ariftowithese 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, 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 permittce will submit a
Part III Page I of 2
.\
PERMIT NO, NCS000425
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
PERMIT NO. NCS000425
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: e
Department of Environment and Natura! Resources
Division of Watcr Quali-ty
Stormwater Permitting Unit
1617 Mail Service Center
Y
Raleigh, North Carolm 27699-1617
b All applications, re orts ,or°inforrnalion submitted to DWQ shall be signed by a principal
executive officer, ranking elected official or duly authorized representative. A person is
a duly authorized representa " only if:
(i) The authoriz 'tibn is mad'e�in writing by a principal executive officer or ranking
elected official; _`
(ii) The authorizafion specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or an
individual or position having overall responsibility for environmentallstormwater
matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for knowing submitting false information, including the possibility of fines and
imprisonment for knowing violations."
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this permit,
the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information'collected;
Part 1V Page 1 of 2
PERMIT NO. NCS000425
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. 1
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 the�no
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
e; 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 Stonnwater 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 IV Page 2 of 2
PERMIT NO, NCS000425
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 ofypermit coverage upon
renewal application.
(a) The permittee shall comply with standards or prohibi ions estalilished under Section
V'c�v
307(a) of the Clean Water Act for toxic pollutants,Within the time provided in the
regulations that establish these standards or pro hibitions;+even if the permit has not yet
,�r
been modified to incorporate the requiremLenttr.: � t,,,_.,
(b) The Clean Water Act provides that aperison who violates a permit condition is subject
Ar
to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of
n . � r��;,;0,
the Act and the Federal Civil Penalties U6ation Adjustment Act (28 U.S.C. §2461 note)
as amended by the Debt CollectioneImprovement Act (31 U.S.C. §3701 note) (currently
$27 500 per day for each violation .�*y person who negligentlyviolates an permit
P Y � Nr ,)+. Y p Y
condition is subject to crirmnal 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•ennunal penalties of $5,000 to $50,000 per day of
-4 _ etr
violation, or imprisonmehr-for not more than 3 years, or both. Also, any person who
violates a permit condition ay 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 dollar`s
($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 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).
Part V Page 1 of 6
PERMIT NO. NCS000425
2.
3.
4.
6.
7.
8.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit that has a reasonable likelihood of adversely affecting human health or the
environment.
Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permitteefrrom any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143s215.3,143-215.6A, 143-215.613,
143-215.6C or Section 309 of the Federal Act, 33 USC 1",319. Furthermoreg�, the permittee is
responsible for consequential damages, such as fish kills evsAhr thougl%the responsibility for
effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to prde lude'the iiFstitution of any legal action or relieve
the permittee from any responsibilities, liabilities, Mr, penalties to which the permittee is or may
be subject to under NCGS 143-215 75 et seq` F-.or Section 311 of the Federal Act, 33 USC 1321.
Property Rights
The issuance of this pern it 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, nor any; -infringement of federal, state or local laws or regulations.
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the coverage issued pursuant to this permit or to determine compliance with this
permit. The permittee shall also furnish to the Director.upon request, copies of records required
by this permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is
for a violation committed after a first conviction of such person under this paragraph, punishment
is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4
years, or both.
Part V Page 2 of 6
PERMIT NO. NCS000425
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 may be modified
planned changes or anticipat,
Part V Page 3 of 6
notification of
PERMIT NO. NCS000425
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
necessary to halt or reduce tl
condition of this permit.
Part V Page 4 of 6
ie been
with the
PERMIT NO. NCS000425
SECTION C: MONITORING AND RECORDS
3
4.
Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be taken
on a day and time that is characteristic of the discharge. Where appropriate, all stormwater
samples shall be taken before the discharge joins or is diluted by any other waste stream, body of
water, or substance. When specified herein, monitoring points established in this permit shall
not be changed without notification to and approval of the%Dirccto
Flow Measurements
Where required, appropriate flow measurement device!Tand`inethods consistent with accepted
'e 46%. - C.Y;,v
scientific practices shall be selected and used to ensure.the accuracy and reliability of
F
measurements of the volume of monitored discharkes: � �,
Test Procedures
Test procedures for the analysis ofipblluttalits`shh all conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq; lfie,Wat'ef�and Air Quality Reporting Acts, and to
regulations published pursuant to Sectioni304(g), 33 USC 1314, of the Federal Water Pollution
Control Act, as Amended, andlegulationn 40 Cf R 136.
To meet the intent of the monito'ririg=required by this permit, all test procedures must produce
minimum detection and reportinlevels and all data generated must be reported down to the
minimum detection or lower reporting level of the procedure.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
Part V Page 5 of 6
PERMIT NO. NCS000425
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. NCS000425
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revolting 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 2I4 .0100; and North Carolina General Statute 143-215.1 et. al.
Part VI Page 1 of I
PERMIT NO. NCS000425
PART VI I 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 214 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page I of 1
PERMIT NO. NCS000425
2
3.
4
0
R
PART VIII DEFINITIONS
Act
See Clean Water Act.
Best Mana ement Practice BMP
Measures or practices used to reduce the amount of pollution
be structural or non-structural and may take the form of a pro
planning (see non-structural BMP). 14
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 swimming
els
paving material to the extent that the paving material
through the paving material.`'~
Clean Water Act
The Federal Water Pollution
amended, 33. USC 1251, et.
surface waters. BMPs can
vity, physical structure or
rip ous or partially impervious
and gravel areas such as roads, parking
;"�
sl Built -upon area does not include
or pervious or partially pervious
rbs 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 (DWO)
The Division of Water Quality, Department of Environment and Natural Resources,
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PERMIT NO. NCS000425
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it.
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Director
The Director of the Division of Water Quality, the permit issuing authority.
EM C
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
Any discharge to a MS4 that is not
to an'NPDES permit (other than th
and discharges resulting from fire;
IndustrialActivity
For the purposes of this p
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
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PERMIT NO. NCS000425
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 space pumps, footing drains, lawn
watering, individual residential 'car washing, flows from riparian habitats and wetlands,
dechlorinatedd-swimming pool discharges, and street wash water/)(discharges or [lows from fire
fighting activities are excluded from the definition of illicit�discharge and only need to be
s'Cr'6:r.•'S.
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;invol"vertu aan gement and source controls such
as: (1) Policies and ordinances that provide regUirementsia d standards to direct growth to
,f�
identified areas, protect sensitive areas su�as wetlands and riparian areas, maintain and/or
4 11%'TtAl
increase open space, provide buffers. al ongtsensitwe.water bodies, minimize impervious surfaces,
and/or minimize disturbance of soils nd vegetation; (2) policies or ordinances that encourage
infill development in higher density urban,areas, and areas with existing storm sewer
infrastructure; (3) education programs forridbvelopers 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 mininiize directly connected impervious areas, and source
control measures often thouglFb -was good housckeeping, preventive maintenance and spill
prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See also
point source discharge of stormwater.
18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stonnwater
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.
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PERMIT NO. NCS000425
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards, and an allocation of that amount to the pollutant's sources.
A TMDL is a detailed water quality assessment that provides the scientific foundation for an
implementation plan. The implementation plan outlines the steps necessary to reduce pollutant
loads in a certain body of water to restore and maintain water qualityistandards in all seasons.
The Clean Water Act, Section 303, establishes the watequality standards and TMDL programs.
23. Toxic Pollutant r.
Any pollutant listed as toxic under Section 307(a)(1) of the�Clean Water Act.
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