RED OAK_COMPLETE FILE - HISTORICAL_20060906

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000 _—F
DOC TYPE
❑ COMPLETE FILE -HISTORICAL
MOST RECENT
DATE
❑ ��� �� ��
YYYYMMDD

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Q -C Colcen H. Sullins, Deputy Director
Division of Water Quality
September 6, 2006
The Town of Red Oak
Alfred L Webster, Mayor
P.O. Box A
Red Oak, North Carolina 27868-0016
Subject: Request for Additional Information
Dear Mr. Webster;
Pursuant to 40 CFR 122.32, the State may waive the requirements otherwise applicable to
the municipality if the MS4 serves a population under 10,000 and they meet the following criteria:
➢ The State has evaluated the waters, including small streams, tributaries, lakes, and
ponds, that receive a discharge from the MS4 and has determined that storm water
controls are not needed based on wasteload allocations that are part of an EPA
approved or established TMDL that addresses the pollutant(s) of concern or, if a
TMDL has not been developed or approved, an equivalent analysis that
determines sources and allocations for the pollutant(s) of concern. The
pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a
parameter that addresses sediment (such as total suspended solids, turbidity or
siltation), pathogens, oil and grease, and any pollutant that has been identified as a
cause of impairment of any water body that will receive a discharge from the
MS4; and
➢ The permitting authority has determined that future discharges from the MS4 does
not have the potential to result in exceedances of water quality standards,
including impairment of designated uses, or other significant water quality
impacts, including habitat and biological impacts.
DWQ, in seeking comment to determine if the Town of Red Oak should be granted a
waiver, received comment that Town of Red Oak is located within a watershed that supports
federally endangered species. The Town of Red Oak falls within the Swift Creek watershed,
within the Tar -Pamlico River Basin, that supports the Tar spinymusscl. Certain waters provide
habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the
U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the
Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and
recovery of the water quality conditions, required to sustain and recover federally listed threatened
and endangered aquatic animal species, contributes to the support and maintenance of a balanced
and indigenous community of aquatic organisms and thereby protects the biological integrity of the
waters.
rya
M�rNP
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-877-623-6748

DWQ is seeking additional information on whether the continued existence of the Tar
spinymussel may be adversely affected by the Town of Red Oak's stormwater discharges,
allowable non-stormwater discharges, and stormwater discharge -related activities (including BMP
installation) and what measures the Town of Red Oak has implemented or plans to implement to
protect the Tar spinymussel, or any identified critical habitat. Please provide the additional
information requested by Friday, November 3, 2006.
If you have any questions concerning the request or process, please contact Mike Randall
at telephone number 919/733-5083 ext. 545.
Sincerely,
_�2� "47
Mike Randall
Environmental Engineer

n North Carolina Wildlife Resources Commission
Richard B. Hamilton, ExeCLItive Director
MEMORANDUM
TO: Mr. Mike Randall, Wetlands and Stormwater Branch
Division of Water Quality
FROM: Shannon Deaton, Program Manager ,,^mph o
RZED
Habitat Conservation Program z :K i
DATE: 27 February 2006
OID Q l
SUBJECT: Request for Waiver to Phase II National Pollutant Discharge Elirnination Systq-jt
(NPDES) Permit for Stormwater Management for Towns of Rolesville, Red O&l nd �
Youngsville. ;d —
Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject
request and we are fannifiar with the habitat values of the area. Our comments are provided in accordance
with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d), North Carolina General Statutes (G.S. 1 13-131 et seq.), and
North Carolina Administrative Code 15A NCAC 101.0102.
Municipalities with a population of less than 1,000 are not required to obtain a Phase II NPDES
permit for stormwatcr management unless the municipality is shown to be contributing to an impairment
of State waters. The Town of Rolesville has a population of less than 1000 and has requested a waiver
under this provision. The State may waive the requirements otherwise applicable to the municipality ifs
the MS4 serves a population under 10,000 and they meet specific criteria. The Towns of Red Oak and
Youngsvilfc have populations of less than 10,000 and have requested a waiver.
It appears that portions of the Towns of Rolesville, Red Oak, and Youngsviile are all located
within -watersheds that support federally endangered species. Town of Rolesville falls within the Little
River watershed (Neese River basin) that supports the federal and state endangered dwarf wedgemussel
(Alast.ni(lonla heteroclon). Town of Red Oak falls within the Swift Creek watershed (Tar -Pamlico River
basin) that supports the federal and state endangered Tar spinymussel (Elliptio steinstansana). ']'own of
Youngsville falls within the Cedar Creck' watershed (Tar -Pamlico River basin) that supports the dwarf
wedgemussel.
The NCWRC is very concerned about direct, secondary and cumulative impacts of widespread
urban growth, loss of headwater ecosystemn s, urban stormwatcr ruoff and unmitigated stormwater issues,
including aggravated flooding, on the aquatic and terrestrial wildlife resources in North Carolina. The
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
27 February 2006
Request for Waiver — Towns of Rolesville, Red Oak, and Youngsville
documented decline in freshwater species is a direct response to declining quality of our streams and
rivers. For example, 21 % of freshwater fishes and 53% of freshwater mussel species in North Carolina
are designated endangered, threatened, or of special concern at the state level (LeGrand et al. 2001).
Federally endangered and threatened species are particularly affected by secondary and cumulative
impacts associated with urban development due to their sensitivity to slight habitat alterations.
The NCWRC has provided comments on several Phase II Stormwater permits where federal
endangered species are known to occur. Although the Phase 11 stormwater rules represent an appropriate
baseline for proactively addressing stormwater issues, we believe additional, more protective measures
are required to preserve the existing uses and ecological integrity of North Carolina waters over the long-
term. "therefore, we feel that the request for waivers should be denied for the Towns of Rolesville, Red
Oak, and Youngsville. For those portions of the Towns that fall within watersheds where federal
endangered species are known to occur the following additional measures should be incorporated as
permit conditions.
Permits for new developments exceeding 6% imperviousness shall be required to include stormwater
controls designed to replicate and maintain the hydrographic condition at the site prior to the change -
in landscape and at a minimum include provisions that satisfy WS 11-11QW minimum standards
(WSII-FIQW waters as precedent; Schueler 1994; Arnold and Gibbons 1996; Doll et al. 2000; Mallin
et al. 2000; May and Horner 2000; Stewart et al. 2000).
2. Infiltration practices (e.g., reduced road widths, rain gardens, parking lot bioretention areas, increased
sheet flow instead of ditching, and disconnect impervious areas) to maintain predevelopment
hydrographic conditions shall be emphasized over detention ponds. Condition information should
include the base flow for low flow conditions.
3. A 200-foot native, forested buffer on perennial streams and a 100-foot forested buffer on intermittent
streams, or the full extent of the 100-year floodplain, shall be required for new developments. If
wooded buffers do not exist, then these areas shall be revegetated or allowed to naturally revegetate
(so long as the area is pervious) to increase the functionality of a forested buffer. (Knutson and Naef
1997, and references therein; 20046ot buffers on Randleman Lake; 200-foot buffers associated.with
protection of aquatic endangered species habitats required for 13uckhorn Reservoir Expansion Project
in 1995 — City of Wilson). '
4. Delineation ofstreams should be conducted for the municipal service area according to U.S. Army
Corps of Engineers (USACOE) or N.C. Division of Water Quality (NCDWQ) methodology. This
information can be found at http://li2o.enr.state.nc.us/ncwetIands/strmfrm,html. Stream delineation
Should occur prior to site clearing activities including tree removal.
5. Commercial or residential development within the 100-year FEMA floodplain and jurisdictional
water floodplains should be prohibited and floodplains should be protected as undisturbed forested
areas.
6. Grassed swales shall be used in place of curb and gutter for new developments, except in areas with
>5% slope. Check dams, level spreaders, and other associated best management practices shall be
used to minimize the effect of stormwater runoff entering the riparian buffer areas. In areas where
slopes exceed 5%, stormwater collected in piped conveyance systems shall be directed away from
surface waters and best management practices shall be employed at both the intake and the outlet
areas.

Page 3
27 February 2006
Request for Waiver — Towns of Rolesville, Red Oak, and Youngsvi Ile
7. Direct discharges of stormwater to streams should not be allowed. Effective energy dissipation at the
pipe outlet shall be accomplished to prevent scour of the stream cliannel and buffer. The ditching or
piping of stormwater except when used in combination with grassed swales, level spreaders and
check danis shall not be allowed in the riparian buffer. At no time should any mandated vegetated
buffer zone be used for these engineered devices.
Sewer lines, water lines, and other utility infrastructure should be kept out of riparian buffer areas
(Knutson and Naef 1997; and references therein). Where practicable, utilities should follow the
contours along the edge of floodplains. All utility crossings should be kept to a minimum and the
directional bore (installation of utilities beneath the riverbed, avoiding impacts to the stream and
buffer) stream crossing method should be used for utility crossings wherever practicable. A
minimum 100-200 foot setback on all streams, lakes, and wetlands should be maintained. Pesticides
should not be used for maintenance of rights -of -way within 200 feet of perennial strearns and 100 feet
of intermittent streams, or within floodplains and wetlands associated with these streams.
9. Local governments shall encourage and offer incentives for new developments, as part of the
subdivision review process, to use low impact development technique for stormwater control (Low
Impact Development; EPA Document # 841— B-00-002 and 841-B-00-003); and reduce impediments
to implementing the plan. Proposed projects that are subject to NCEPA review shall identify as a part
of the subdivision review process anticipated impervious surface amounts prior to plat approval.
10, Municipalities should incorporate the elements listed below into their erosion and sediment control
plans (see Brown and Caraco 2000 for additional information).
a) Minimize clearing and grading.
b) Protect waterways by preventing clearing adjacent to waterways, and stabilize drainage ways.
c) Phase construction for larger construction sites (>25 acres).
d) Stabilize soils as rapidly as possible (<2 weeks).
e) Protect steep slopes, and avoid clearing or grading existing steep slopes as much as possible.
f) Establish appropriate perimeter controls.
g) Employ advanced settling devices.
h) Implement a certified contractors program.
i) Perform regular inspection of erosion control measures, and sediment control devices.
11. In addition to the items listed above, locally enforced stringent erosion and sedimentation control
requirements shall be developed and implemented for all constrt16011, The development of these
requirements shall be fully coordinated with the state and federal agencies involved in aquatic
endangered species protection. These measures shall be state -of -the -science and significantly exceed
state minimum requirements for sediment and erosion control. Local ordinances shall be developed
to prevent agricultural or forestry exemptions from turning into development opportunities.
12. Developers and builders, including land -clearing operators, shall be required to participate in a local
government stormwater and sediment erosion control education program. Certification and bonding
is recommended.
13. Conservation Reserve Program lands and restoration of prior converted wetlands shall be encouraged
to help manage overall stormwater impacts as part of a regional integrated stormwater management
plan.
14. The local government shall solicit assistance and concurrence from resource agencies such as
NCDWQ, N.C. Division of Land Resources, NCWRC, N.C. Natural Heritage Program, and U.S. Dish

Page 4
27 February 2006
Request for Waiver —Towns of Rolesville, Red Oak, and Youngsville
and Wildlife Service during the initial development and assessment of best management practices for
stormwater management, sediment and erosion control, utility placement, etc.
15. The local government shall provide an environmental check -off list that a developer must complete
before the issuance of development approvals or any land disturbance, including timbering, to ensure
protection of aquatic habitats for threatened and endangered species and that proper state and federal
permits have been obtained. This shall preclude the issuance of any subdivision plan, building, and
utility permits without inclusion of pertinent protective measures. This process'shall ensure that land
clearing does not occur without a site plan, including erosion control.
16. A watershed impact evaluation board shall be established to review projects within the service area
with aquatic, endangered species. The board would ensure compliance, preview infrastructure and
development plans and be eligible to seek funding for conservation initiatives designed to protect and
preserve aquatic, endangered species.
Thank you for the opportunity to provide comments on this request for waiver. If we can be of
further assistance, please contact Shari Bryant at [phone].
Literature citecl:
Arnold, C. L., and C. J. Gibbons. 1996. Impervious surface coverage —the emergence of a key
environmental indicator. Journal of the American Planning Association 62:243-258.
Brown, W., and D. Caraco. 2000. Muddy water in — muddy water out? Watershed Protection Techniques
2(3):393-403.
City of Wilson. 1995. EIS for the Buckhorn Reservoir Expansion.
Doll, B. A., D. E. Wise -Frederick, C. M. Buckner, S. D. Wilkerson, W. A. Harman, and R. E. Smith.
2000. Hydraulic geometry relationships for urban streams throughout the piedmont of North
Carolina. Pages 299-304 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the
American Water Resources Association International Conference on riparian ecology and
management in multi -land use watersheds, Portland, Oregon.
Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats:
riparian. Washington Department of Fish and Wildlife, Olympia.
LeGrand, J. E., Jr., S. P. Hall, and J. T. Finnegan, 2001. Natural Heritage Program list of the rare animal
species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and
Recreation, Department of Environment and Natural Resources, Raleigh.
Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on
bacteriological water quality in coastal watersheds. Ecological Applications 10(4):1047-1056.
May, C. W. and R. R. Horner, 2000. The cumulative impacts of watershed urbanization on stream -
riparian ecosystems. Pages 281-286 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings
of the American Water Resources Association International Conference on riparian ecology and
management in multi -land use watersheds, Portland, Oregon.
Scheeler, T. 1994. The importance of imperviousness. Watershed Protection Techniques. 1(3):100-1 1 1.

Page 5
27 February 2006
Request for Waiver —Towns of Rolesville, Red Oak, and Youngsville
Stewart, J. S., D. M. Downes, L. Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian
corridors on aquatic biota in agricultural watersheds. Pages 209-214 in 1". J. Wigington, Jr. and
R. L. Beschta, eds. Proceedings ofthe American Water Resources Association International
Conference on riparian ecology and management in multi -land use watersheds, 1'oriland, Oregon.
cc: Dale SUiter, USFWS
Maria Tripp, NCWRC
Angie Radgers, NCWRC
Sarah McRae, NHP

of \NArFR
0 �
Date: January 10, 2006
To: Evening Telegram
Number: 252-446-7068
From: Sarah Young, Division of Water Quality
Subject: Public Notice
Pages: 1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Pursuant to 40 CFR 122.32, municipalities with a population of less than 10,000, are not required to
obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater
management unless the municipality is shown to be contributing to an impairment of State waters, as
determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the requirements
otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the
following criteria:
The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that
receive a discharge from the MS4 and has determined that storm water controls are not needed
based on wasteload allocations that are part of an EPA approved or established TMDL that
addresses the pollutant(s) of concern or, i F a TM E)L has not been developed or approved, an
equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and
The permitting authority has determined that future discharges from the MS4 does not have the
potential to result in exceedances of water quality standards, including impairment of designated
uses, or other significant water quality impacts, including habitat and biological impacts.
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, February 7, 2006. Please fax a copy of the proof to me at 919-733-9612 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENRIDWQ Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
The Town of Red Oak, has requested a waiver from the requirements otherwise applicable to
municipalities that own or operate a municipal separate storm sewer system (MS4) within an urbanized
area located in Nash County, within the Tar-Pamilco River Basin. Comments must be received no later
than March 3, 2006. Submit comments to:
Mike Randall
NC I)ivision of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Telephone Number: (919)-733-5083, extension 545
[e-mail]
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, -NC 27699-1617 [phone] Customer Service
1 800 623-7748

LEGAL ADVERTISING INVOICE N 5 3 4
0.2 3
THE ROCKY MOUNT TELEGRAM
PUBLISHED BY ROCK! MOUNT PUSUSHING COMPANY
ROCKY MOUNT, NORTH CAROLINA 278N
January 22, 2006
f
�NC Division of Water Quality
1617 Mail Service Center
Raleigh; NC 27699=1617
AFFIDAVIT OF PUBLICATION
I solemnly swear that from my personal
knowledge and from reference to the files of
THE ROCKY MOUNT TELEGRAM, a
newspaper printed and published at Rocky
Mount, in the COUNTY of Nash, STATE of
North Car a, dvertisment referred to
On this in; the date(s)
,S .Aavertisin9 Cgro
Sworn a ''subbpsri�i efdre mS this
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My Comm,'s , Ss irk p
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"That said newspaper a timelttof publication of
this notice was qualified under G.S. 1-597 to
publish such legal advertising."
TOTAL INCHESOXA
AMOUNT DUE $
DESCRIPTION -
'Public Notice
Town of Red Oak
PUBLISHED: January 22, 2006
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Mike Randall •s;;,�,,
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,.Raleigh; NC 27699-161T [•t`.=
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Waiver requests and regional comment
Subject: Waiver requests and regional comment
From: Ken Schuster <[e-mail]>
Date: Fri, 16 Dec 2005 17:36:07 -0500
To: Mike Randall <[e-mail]>
Mike, I again just came across your subject October 12 th memo to me asking for input
relative to phase II stormwater waiver requests for Rolesville, Red Oak, and
Youngsville. If the municipalities meet the waiver requirements as t�"hese appear to,
we do not see a problem with issuing a waiver. We would expect that any decision
would be made consistently across the State. If the Central Office is aware or
concerns that need to be discussed we would like to hear of those.
of 1 12/19/2005 7:50 AM

Waiver requests and regional comment
Subject: Waiver requests and regional comment
From: Ken Schuster <[e-mail]>
Date: Fri, 16 Dec 2005 17:36:07 -0500
To: Mike Randall <[e-mail]>
Mike, I again just came across your subject October 12 th memo to me asking For input
relative to phase 12 stormwater waiver requests for Rolesville, Red Oak, and
Youngsville. If the municipalities meet the waiver requirements as these appear to,
we do not see a problem with issuing a waiver. We would expect that any decision
would be made consistently across the State. If the Central Office is aware or
concerns that need to be discussed we would like to hear of those.
l or 1 1/20/2006 10:02 AM

Town of Red Oak
P. O. Box A
Red Oak, NC 27868
April 13, 2004
Mr. Mike Randell
Stormwater & General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Waiver from NPDES, Phase II Requirements
Town of Red Oak
Dear Mr. Randell
We are requesting a waiver from the new NPDES, Phase II Stormwater requirements
under 40 CFR 122.32 e. We believe that we may possibly meet the criteria for a waiver
for the following reasons:
The population of the Town of Red Oak is less than 10,000 persons. It is only 2,783
at this time.
Our stormwater system does not "contribute substantially to the pollutant loadings of
a physically interconnected MS4 that is regulated by the NPDES Stormwater
Program". Our system is not "physically interconnected" with any other municipal
storm water system. The system is owned by NCDOT in highway NC 43 and
SR1003.
The NCDOT system in our area discharges to Stony Creek and Tar River in the
Tar/Pamilco River Basin. None of these streams are listed as impaired on the 303)d)
List of Impaired Streams.
Our Population is spread over 18 square miles.
If additional information is needed in support of this request, please contact our office by
phone [phone] or Fax [phone].
r*
Sincerely'
kH 1 5 2004 ! :�
Alfred L. Wester, Mayor
/cb I. '_ITY i

5

o�oF w A r�9��
THE TOWN OF RED OAK
ALFRED L. WEBSTER, MAYOR
P.O. BOX A
RED OAK, NC 27868-0016
Alfred L. Webster:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
1 1 /6/2002
Subject: NPDES Phase II Stormwater Program
2000 U.S. Census - Notification of Coverage
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater
runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files
produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has
compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen
census -designated urbanized areas in North Carolina.
We are writing to you to notify you that the Town of Red Oak has been identified as being located within a census
designated urbanized area. As a regulated community, you are required to develop a stormwater management program
and apply for stormwater permit coverage, if you own and operate a small MS4 or file a certification that the'Ibwn of
Red Oak does not own or operate a small MS4. The deadline for submitting your application package or non -ownership
certification is 18 months from the date of this letter. Application and certification documents, as well as additional
information on the NPDES stormwater program, are available for download at our web site. Our web address is
http:Hh2o.enr.state.nc.uslsu/stormwater.html. If you have any questions about this letter, please feel free to contact me
(919-733-5083, ext.525) or Darren England (919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Raleigh Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
MA
NCDERR
Customer Service
1-800-623-7748