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Home My WebLink AboutSPINDALE_COMPLETE FILE - HISTORICAL_20110625STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000 -DOC TYPE ❑ COMPLETE FILE - HISTORICAL MOST RECENT DATE ❑� L YYYYMMDD Tel.: (828)286-9968 DAV1D A. LLOYD Attorney at Law Sunlight Office Building 230 Spindale Street, Suite Two Spindale, NC 28160 June 25, 2011 Coleen H. Sullins, Director DENR, Division of Water Quality 1601 Mail Service Center Raleigh, NC 27699-1601 IZ-c no JUL 0 5 2011 RE: NPDES Phase II designation — Towns of Rutherfordton and Spindale Dear Director Sullins: I am the town attorney for the town of Rutherfordton, and I am writing this letter on behalf of both Rutherfordton and a neighboring town, Spindale, both of which are located in Rutherford County (the "Towns"). In February, 2010, the Towns were informed by the Environmental Management Commission that they had been designated for inclusion in the NPDES Phase 11 program due to degraded water quality in certain local streams and/or waterways. Our understanding is that our NPDES Stormwater Permit Application is due eighteen months from the date of initial notification, in this case, August of this year. The Towns hereby request a six month extension, making our application deadline February, 2012. Both Towns are greatly concerned that they have been designated under this program. This is not an area of increased development or land disturbance. On the contrary, the Towns are both in an area (Rutherford County) that is currently very economically depressed, with no new residential, commercial or industrial development to speak of. The NPDES program will create a substantial hardship for these small communities, not only due to the costs associated with the program, but also because it stands to further depress local development by creating development disincentives. The elected officials of the Towns have raised several questions on the issue of how and why they were designated. We would like to request additional information about the sampling locations and procedures that were used, as well as the specific results of that sampling. In addition, any other information that your department can provide that might be helpful in trying to gain an understanding of the decision to designate the Towns would be greatly appreciated. Finally, we would like to know what other similarly situated towns (in terms of size, economics, demographics, development, etc.) have been designated for inclusion in the Phase 11 program. a Coleen H. Sullins June 25, 2011 Page 2 Your office may use me as the point of contact on this issue for both of the Towns. Please provide confirmation that our application deadline will be extended, and advise whether you -will be able to supply the requested information. If you have any questions or wish to discuss this matter, please feel free to contact me by telephone or e- mail. Thank you for your assistance and consideration. Sincerely yours, David A. Lloyd !� cc.: Mayor Jimmy Dancy Mayor Mickey Bland Karen Andrews Cameron McHargue John Crotts, Esq. David Odom, P.E. Hon. Debbie Clary Hon. Mike Hagar Hon. Walter Dalton Request to Proceed to EMC with Phase II Stormwater Designations Attachment B - Recommendations for Designation Candidates Municipalities to be considered for Phase II designation based on either: ➢ Housing Units (over 4,000) and at least 400 housing units per square mile, ➢ Population (over 10,000) and population density (1000 persons per square mile), or ➢ Stormwater discharges that have the potential to adversely impact water quality. Population estimates from either 2006 or 2007 are noted, depending on when DWQ performed the initial screening. Broad River Basin Candidate: FOREST CITY Housing Units (2000 Census): 3,638. Potentially more than 4,000 by now. Estimated Population (2006): 7,283 Housing Unit Density: 444 Housing Units / Square Mile Recommendation: DWQ recommends that Forest City no be designated. Forest City does not drain to impaired waters, nor does Forest City satisfy any of the population growth criteria for designation under Session Law 2006-246. DWQ did not receive any response from Forest City during the comment period. Candidate: RUTHERFORDTON Housing Units (2000 Census): 1,765 Estimated Population (2007): 4,115 Potential stormwater discharges to impaired waters Recommendation; DWQ recommends that Rutherfordton be designated. This city drains to Cleghorn Creek, proposed to be added to the impaired waters list for biological integrity problems. The Broad River Basinwide Plan (2008) also recommends increased efforts to implement stormwater BMPs in that watershed. DWQ did not receive any response from Rutherfordton during the comment period. Candidate: SHELBY Housing Units (2000 Census): 8,853 Estimated Population (2006): 20,876 Population Density: 1,023 persons per square mile Housing Unit Density: 434 Housing Units / Square Mile Potential stormwater discharges to impaired waters Recommendation: DWQ recommends that Shelby be designated. This city drains to a section of the First Broad River and possibly to Buffalo Creek, both proposed to go on the impaired waters list for turbidity problems. The Broad River Basinwide Plan (2008) advises that the Town of Shelby implement a sediment and erosion control program to address construction site runoff; Phase 11 designation would facilitate more comprehensive stormwater management. DWQ did not receive any response from Shelby during the comment period. Recommendations for Designation Candidates \ 1 B-2 \, Candidate: SPINDALE Housing Units (2000 Census): 1,887 Estimated Population (2007): 3,858 Potential stormwater discharges to impaired waters Recommendation: DWQ recommends that,Spindale be designated. This city drains to Hollands Creek and ultimately to Catheys Creek, both impaired because of biological integrity problems. Stormwater runoff has also been identified as a major contributor to problems in the watershed (Broad River Basinwide Plan, 2008). DWQ did not receive any response from Spindale during the comment period. Chowan and Pasquotank River Basins Candidate: ELIZABETH CITY Housing Units (2000 Census): 7,463 Estimated Population (2007): 19,837 Population Density: 1,984 persons per square mile Housing Unit Density: 746 Housing Units / Square Mile Potential stormwater discharges to impaired waters Recommendation: DWQ recommends that Elizabeth City be designated. This city does not meet population growth criteria for designation under Session Law 2006-246; however, the proposed 2008 impaired waters list now includes a segment of the Pasquotank River because of copper impairment (December 2009). The Pasquotank Basinwide Plan (2007) recommends that Elizabeth City implement Phase 11 stormwater management strategies. Field observations and information from the local resource agency staff indicate urban stormwater runoff may be adversely impacting water quality in the Pasquotank River near Elizabeth City. DWQ did not receive any response from Elizabeth City during the comment period. Candidate: KILL DEVIL HILLS Housing Units (2000 Census): 5,302 Estimated Population (2007): 6,820 Housing Unit Density: 947 Housing Units / Square Mile Potential stormwater discharges to impaired waters Recommendation: DWQ recommends that Kill Devil Hills noI be designated. This city is located in a coastal county where some of the most stringent post -construction stormwater controls already apply. Kill Devil Hills also implements several measures that would be required as part of a Phase 11 permit: public education, outreach, and participation; good housekeeping and pollution prevention; a delegated sedimentation and erosion control program; and stormwater controls specific to commercial and multifamily development. The town has worked with the County Health Department to identify and eliminate illicit discharges. Kill Devil Hills provided information about its current stormwater management ordinance and related efforts to DWQ during the public comment period; however, the town did not write in support or opposition to designation.