STANLEY_COMPLETE FILE - HISTORICAL_20070122

•STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑ c9co! 0
YYYYMMDD

NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Wilce B. Martin
Public Works Director
P.O. Box 279.
114 S. Main Street
Stanley, North Carolina 28164
Subject:
Request to Rescind NPDES Permit Number
NCS000497, Town of Stanley.
1.
Dear Mr. James;
Pursuant to Session Law 2006-246; municipalities with a population of less than 10,000, are
not required to obtain a Phase I1 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, Iakes, 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 ,rMDL 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 lias 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NoI-thCarolina
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.us An Equal OppodunitylAttirmative Action Employer- 50% Recycled110% Post Consumer Paper Amorally

DWQ has reviewed the comments received, the requirements of state laws and administrative
rules, the rights of the municipalities, and our mandate to protect public health and environmental
quality. Based on that review and pursuant to the Town of Stanley's request dated November 7,
2006, DWQ is rescinding the Town of Stanley's NPDES Permit (NCS000497) and granting the Town
of Stanley (populations less than 10,000) a waiver from the requirements otherwise applicable to
municipalities that own or operate a municipal separate storm sewer system (MS4) within an
urbanized area.
Pursuant to Session Law 2006-246, the Town of Stanley may subsequently be required to
seek coverage under an NPDES permit if circumstances change.
Although requirements to seek an NPDES Permit to administer the six minimum measures in
40 CFR 122.34 has been waived for the Town of Stanley, beginning 1 July 2007, any new.
development that curtiulativcly disturbs one acre or more of land located in the Town of Stanley, must '
comply with the standards set forth in Section 9 of Session Law 2006-246. The Division of Water r
Quality will administer and enforce the standards for development unless local government
(municipality or county) requests delegation to administration and enforcement of the standards set
forth in Section 9 of Session Law 2006-246. If you want to review the current Phase lI Session Law
2006-246 (Senate Bill 51566) you can download it from:
http://wwv'i.ncga.state.nc.'us/.
If you have any questions concerning this waver or the past-constructron requirements in
Session Law 2006-246, please contact me at 919/733-5083 ext. 545. ;
Sincerely;
Mike Randall,
Environmental Engineer
cc: .. DWQ Mooresville Regional Office
Storfif atdf Permitting Unit
DWQ Central File.

,r - ' • - �� w A rF9
O� pG
0 N,
Date: December 13, 2006
To: Gastonia Gazette
Number: 704-884-3031
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
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, December 19, 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 Stanley 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
Gaston County, within the Catawba River Basin. Comments must be received no later than Friday.
January 19, 2007. Submit comments to:
Mike Randall
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
"Telephone Number: (919)-733-5083, extension 545
[e-mail]
4U6®R
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

12/13/2006 15:29 7048843031
Page 1 of 1 Ad Number
Ad Key
Order Number
54346030
Salesperson
PO Number
Publication
Customer
30292309 NCDENRIDWQlNPDES
section
Contact
Sub Section
Addressl
Attn.: Sarah Young
Category
Address2
1617 Mail Service Center
Dates Run
City St Zip
Raleigh NC 276991617
Days
Phone
[phone]
Size
Fax
[phone]
Words
Credit Card
Ad Rate
Printed By
RPhilbeck
Ad Price
Entered By
RPhilbeck
Amount Paid
Amount Due
Keywords
LEGAL NOTICE The Town of Stanley has requested a
Notes
Zones
LEGAL NOTICE
Tho Town of Stanley has
requested a waiver tram
the roquir6ments 4lharwise
applicable to municlpalittes
that own or operate a Mu,
nicipal separate storm sew-
er system (VS4) within an
urbanized area located in
Gaston Courty. within the
Catawba River Basin,
Comments must oo re -
calved no later that Friday,
January 19, 2007. Submit
comments to,
Mike Randall
NC Divislon of Water
Quality
1617 Mall Service Conte
Ralelgh, N C. 27099.1617
Telephone Plumber;
919.733-5083, oxL 545
M c mndtlll.®ncmeil.net
1C-December19.2006
54351712
62 - Renee Philbeck
Gazette
Classed Section
Classified Section
Legals 000
12/ 1912006-12/19/200 6
1
1 x 3,07, 30 Imes
78
L2
69.5
0.00
69.50
PAGE 01/01

GaThe Town r of,
'�! requested.,;a";wa'sver,�3rom;;';
the requirements'
applicablerapaLtles,. XFFIDAVIT OF INSERTION OF ADVERTISMENT
3 thatjown onoparale'a' mu-
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'r,er�system"i(MS4)iwithirijen
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he Gaston Gazette does certify that the advertisement for: -----------�___
.1C December i9, 200fi
,
LEGAL NOTICE
Town of Stanley
Measuring 3.07 inches appeared in The Gaston Gazette, a,newspaper
published in Gaston County, Gastonia, N.C., in issue(s):
December 19, 2006
Sworn to and subscribed before me this day of fi�,006
1
R. Renee Philbeck, Notary Public
My Commission Expires March 5, 2008

v ~i
! 1
• Page 3
MAYOR cc: Gary Nicks
Judith D.Johnson
COUNCIL
Judy M. Stroupc
Jim McGinnis
Charles A. Withers
Frank M. Guida
Daniel K. Hawley
November 7, 2006
Mr. Mike Randall
NCDENR
Storm Water Permitting
DWQ
1617 Mail Service Center,
Salisbury St.
Raleigh, NC 27604
Mike:
Town of (Stanley
Established November 14, 1855
"A Friendly Place "
F SE4
A
November 7, 2006
TOWN MANAGER
POLICE: CHIEF
Heath R. Jenkins
FIRE CHIEF
M. Anthony Ballard
The Town of Stanleys population is 3,095 with water and sewer services, and provides some water and
sewer services to citizens living outside the corporate limits. This letter is a formal request to have the
Town of Stanley's Stormwater Discharge Permit No. NCO00497 rescinded and a waiver granted
pursuant to 40 CFR 122.32. In evaluating the waters that receive discharge from the Town of Stanley
it does appear that storm water controls are not needed based on the waste load allocations that are
part of an EPA approved or established TMDL. The Town of Stanley does not anticipate that future
discharges from the Town of Stanley will have potential of exceeding water quality standards; including
im0airment of designated uses, or other significant water quality impacts, including habitat and
biological impacts. Existing municipal programs in place ensure the Town of Stanley's operation and
activities are not contributing substantially to the pollutant loadings of the water bodies to which it
drains. The Town of Stanley does not drain to water bodies that do not meet water quality standards cr
which have impaired uses at this time.
Visits have been made to the streams that receive discharge from the Town of Stanley at their
confluence points as well as up stream and down stream of those confluence points. The streams did
not appear to show any signs of discoloration or impurities.
The Town of Stanley will continue to protect its water quality through its Stormwater management
efforts as outlined below:
1. Gaston County currently provides construction inspection and regulations to regulate
Stormwater from construction sites.
2. The Town of Stanley along with Gaston County currently has policies in place that regulate
subdivisions whereby they issue permits, and conduct inspections. The Town of Stanley will
continue its partnership with Gaston County to regulate storm waters.
3. The Town has used and will use workshops, its website, and newsletters to provide education
information on Stormwater issues.
P.O. BOX 279 + 114 S. MAIN STREET + STANLEY, N.C. 28164 + 704-263-4779 + FAX [phone]

i Page 2
November 7, 2006
4. The Town staff does accept speaking engagements with various community groups and
schools to continue to emphasis the importance of protecting our waters with written material
handouts.
5. The Town of Stanley is working with the Cooperative Extension Office which offers Stormwater
workshops and outreach programs to the community.
6. The Town of Stanley presently maintains 18.03 miles of streets of which the majority are
ribbon -type pavement with properly maintained ditch lines.
7. Town employees at all facilities are educated on good housekeeping practices and are
applying them at the Town facilities.
B. The Town participates in the NCDOT semi-annual roadside liter sweep program.
9. The Town utilizes NC Department of Correction inmates to provide labor to roadside clean up.
10. The Town of Stanley provides public water and sewer services and they are also available to
those outside of the Town limits Some septic tanks do exist, but if they are within the Town
limit and the septic tank malfunctions they are required to connect to the city.
The Stormwater flow from the Town of Stanley discharges into the South Fork River from tributary
ponds and streams. I have listed below the ponds and streams that contribute discharge to the South
Fork River.
Receiving Stream
Discharge
Water Quality
Use Support
Water Quality
Point
Classification
Rating
Issues
Muaney Creek
South Fork
Unknown
Unknown
None are known
Catawba
River
Jackson Paris
Unknown
Unknown
None are known
Subdivision
Unknown
Pond
Stream to
S. Stanley Creek
To Catawba
River
South Stanley
Dutchman's
Unknown
Unknown
None are known
Creek
Creek to
Catawba River
Cordially,
/r .
4
,WI/Ice B. Martin
Public Works Director
Town of Staley
704-263-0298
wilcemartin(cDcarolina.mcom
cc: Gary Hicks

LA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
September 12, 2005
Mayor Judith M. Johnson
106 E. Chestnut Street
Stanley, NC 28164
Subject: NPDES Permit Number NCS000497
Town of Stanley, Gaston County
Dear Ms. Johnson;
In accordance with your application for a stormwater discharge permit submitted on May
26, 2004, and as amended, we are forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision
shall be final and binding.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]Internet: h2o.enr.state.nc.us
An Equal OpporlunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper
Sincerely,
Alan W. Klimek, P.E.
ne
NorthCarofina
Naturally

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000497
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Town of Stanley
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stanley Jurisdictional Area
Gaston County
to receiving waters, Duharts and Hoyle, within the Catawba River basin in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, H, III,
IV, V, VI, VII and VDU hereof.
This permit shall become effective October 1, 2005.
This permit and the authorization to discharge shall expire at midnight on October 1, 2010.
Signed this day September 12, 2005.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000497
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
a

PERMIT NO. NCS000497
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Stanley is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters, Duharts and Hoyle, within the
Catawba River Basin. Such discharge will be controlled, limited and monitored in
accordance with the permittee's Comprehensive Stormwater Management Program
Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes
components of the permittee's Phase II Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval:
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Part I Page 1 of 2

PERMIT NO. NCS000497 '
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in 15A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan,
Part I Page 2 of 2

PERMIT NO, NCS000497
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this storrr►water discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
8. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part It Page 1 of 12

PERMIT NO. NCS000497 '
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part If Page 2 of 12

PERMIT NO. NCS000497
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community-
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BMPs for Public Education and Outreach
The permittee shall implement the following BN Ps to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
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(a) Establish a Public
Develop a public education program and
X
X
X
Education'and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
(b) Informational Web Site
Develop and maintain intemet web site.
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
a broad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part II Page 3 of 12

PERMIT NO. NCS000497 '
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
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Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan.
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part H Page 4 of 12

PERMIT NO. NCS000497
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BMPs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the IIlicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
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'Y
•
(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
X
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map
X
X
X
X
X
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
Part H Page 5 of 12

PERMIT NO. NCS000497 '
A #r
Ga�
No
YR
(d) Implement illicit
Implement an inspection program to
X
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of 12

PERMIT NO. NCS000497
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMPs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
'BMPt`
yfMY
t - w ,� r
a�Measurable;Goa!'sxy
.w� ,,, r
„YRYR`YR
'YR".kYNY:
5
(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
BMPs.
Part H Page 7 of 12

PERMIT NO. NCS000497
F-'tii 't yh3 JY 4SRA',j
rBMY� 3 v
t'�Kt�r�-i..•r
P?'. x;q .is rs:ei W P� z d-
Measurable Goals��a
.t FL
YR
;1.
YR
fYRL
4
i
YR<`
YR
FITS-
tr.
S5. x
(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
ualit im acts.
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
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) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
The permittee relies on Gaston' County to comply with this minimum measure. The preceding
table is modified by the following:
➢ The permittee shall conduct random inspections of local land disturbing activities that
have a sediment and erosion control permit, issued by Gaston County,- to see if the site is
in compliance.
➢ The permittee will monitor the Gaston County program for effectiveness in. the permittee
jurisdiction.
➢ Sites that are not in compliance with their sediment and erosion control permits will be
reported to the Gaston County.
➢ Follow-up action by that Gaston County will be monitored.
➢ The permittee will maintain a record of findings and follow-up procedures.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline
to meet the requirements of this paragraph.
Part H Page 8 of 12

PERMIT NO. NCS000497
SECTION F: POST-CONS'CRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development 1 redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
_ R,,!n �I
BMP .�, G °���
Y� f:r' I'll
_
uSt-'Ml"?�K w^C•• r S A .e• 4uh i' 'ni
�yMeasurable Goals �z #
C
{ �Y�R=YK
�s
iYR
[ YR'
�YR
(a) Establish a Post-
Develop, adopt by ordinance (or similar
X
X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
A
X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a
MS4
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
ualified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X
X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department,
Part 11 Page 9 of 12

PERMIT NO. NCS000497
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the pennittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria:
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(iii) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A)The stormwater control measures must control and treat the difference
between the pre -development and post -development conditions for the
1-year 24-hour storm. Runoff volume drawdown time must be a
minimum of 24 hours, but not more than 120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
Part II Page 10 of 12

PERMIT NO. NCS000497
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) . A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part 11 Page 11 of 12

PERMIT NO. NCS000497 '
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any.goals.
R�
NN
1.
t � aMeasurable Goal
���'k �'F' a`} �3; ' a ' .t' `4 sry '-`--'
G
YR�
YR
�YRg
YR'
j
.1.--.-..
�f
(a) Develop an operation
Develop an operation and maintenance
X
X
X
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from municipal operations.
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BMPs. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
X
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects: the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-u actions at the facilities.
Part B Page 12 of 12

PERMIT NO. NCS000497
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 updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
December 1 of each year and cover the previous year's activities from October 1 through
September 30. The permittee's reporting will include appropriate information to
accurately describe the progress, status, and results of the permittee's Stormwater Plan
and will include, but is,not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of all components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The. permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Page I of 2

PERMIT NO, NCS000497
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part ill Page 2 of 2

PERMIT NO. NCS000497
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 S years from the date of acquisition_ This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
environmentallstormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page 1 of 2

PERMIT NO. NCS000497
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate. regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times,.and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2

PERMIT NO. NCS000497
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,506 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Part V Page I of 6

PERMIT NO. NCS000497
are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class H penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6

PERMIT NO. NCS000497
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
8. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per'violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
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, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6

PERMIT NO. NCS000497
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000497
SECTION C: MONITORING AND RECORDS
1. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Part V Page 5 of 6

PERMIT NO. NCS000497
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V Page 6 of 6

PERMIT NO. NCS000497
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A
of the North Carolina Administrative Code, Subchapter 214.0100; and North Carolina General
Statute 143-215.1 et. al.
Part VI Page 1 of 1

PERMIT NO. NCS000497
PART VII 'ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee most pay the administering and compliance. monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of 1

PART VIII DEFINITIONS
Act
See Clean Water Act.
2. Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part VIR Page 1 of 4

6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Dischar&e
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122,26.
14. Municipal Separate Storm Sewer System-(MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
Part VIII Page 2 of 4

jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, (as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BN P
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or. increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
Part VIE Page 3 of 4

18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily LoadSTMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment, that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
Part VIII Page 4 of 4

i . ­1
AFFIDAVIT OF INSERTION OF
ADVERTISEMENT
The Gaston Gazette
Gastonia, NC
Gaston County
PURIl; NU I Il;t
STATE OF NORTH jl
CAROLINA
ENVIRONMENTAL MAN
AGEMENT COMMISSION `
1617 MAIL SERVICE
CENTER
RALEIGH, NC 2769 - 6*7,
The 'Town of Stanley has
applied for an NPDES Pha-
se II Stormwater Permit to
discharge stormwater from j
their municipal separate
storm sewer system (MS4)
located within the Town .Of
Stanley jurisdictional area.
Gaston County, to;receiv-
ing' waters; Duharts and,
Hoyle, within the Catawba
River basin.
1, Melissa Birchfield Legal Advertising Manager of the The Gaston Gazette, do certify
that the advertisement of
PUBLIC NOTICE —STATE OF NC ENVIRONMENTAL
MANAGEMENT COMMISSION —TOWN ON STANLEY
HAS APPLIED FOR AN NPDES PHASE 11 STORMWATER
Measuring 4.94 inches appeared in The Gaston Gazette, newspaper published in Gaston
County, Gastonia, NC, in issues
JULY 28, 2005
&CO
M ' sa Birchfield
c/ LegalAdve
rtising
Sworn to and subscribed before me this � b day of ,2005
Carla Norris Potter, Notary Public
My Commission Expires September 14, 2008

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
�m Yz REGION 4
ii Al Q ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANT'A, GEORGIA 30303-8960 walla,
au� o s zaa�
Pow 03Z05
Mr. Bradley Bennett, Supervisor
Storm Water and General Permits Unit
North Carolina Division of Water Quality
512 North Salisbury Street
Raleigh, North Carolina 27626-0535
SUBJ: Draft National Pollutant Discharge Elimination System Permit Covering the
Discharge of the Town of Stanley (Phase U)- NCS000497
Dear Mr. Bennett:
We have completed our review of the above referenced draft National Pollutant
Discharge Elimination System (NPDES) storm water permit addressing the above subject Phase
11 municipal separate storm sewer system (MS4s), received by this office for review on July 26,
2005. Upon reviewing the draft municipal stormwater permit, EPA has no comments. We
request to be afforded an additional review opportunity only if significant changes are made to
the draft permit prior to issuance or if significant comments objecting to the permit are received.
Otherwise, please send us one copy of the final permit when issued.
If you have any questions or comments regarding our review, please feel free to contact
me at [phone].
Sincerely,
Mike Mitchell, Environmental Scientist
NPDES and Biosolids Section
Permits, Grants, and Technical Assistance Branch
Waste Management Division
Intemet Address (URL) • http://www.apa.gov
Recycled/Recyclable • Printed with Vegetable 00 Based Inks on Recycled Paper (Minimum 30 % Postconsumer)

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
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 25, 2005
Mayor Judith M. Johnson
106 E. Chestnut Street
Stanley, NC 28164
Subject: NPDES Permit Number NCS000497
Town of Stanley
Dear Ms. Johnson:
The Town of Stanley has been designated by the US EPA for inclusion in the Phase H
stormwater program. The Town of Stanley was designated because their municipal boundaries
intersected a US Census -defined Urbanized Area.
Your community's draft permit is being publicly noticed the week of July 25, 2005.
All comments and request should reference draft permit number NCS000497. Comments must
be received no later than September 2, 2005. Copies of the draft permit are available at:
http://h2o.enr.state.ne.us/su/phase2_draft permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. If you have any questions about
this draft permit don't hesitate to contact me at [phone], ext. 545.
Sincerely,
Mike Randall
cc: Stormwater and General Permits Unit
DWQ Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
MER
Customer Service
1-877-623.6748

7JUN
EIVED
0 7 2005 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Caroli Department of Environment and Natural Resources
BY' Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
STAFF REVIEW AND EVALUATION
NI'DES Stormwater Permit
Facility Name: Town of Stanley
NPDFS Permit Number: NCS000497
Facility Location: Town of Stanley
Type of Activity: Municipal Separate Storm Sewer System
Receiving Stream: Duharls and Hoyle
River Basin: Catawba River Basin
Stream Classification: WS-V, WS-IV
Proposed Permit Requirements: See attached draft permit
Compliance Schedule: See Part V, Section A of the attached draft permit W
Basis for Monitoring: Not applicable
����{C`q
Basis for Other Requirements: Not applicable
Response Requested by (Date): June 24, 2005
DOCUMENTS REVIEWED �2005
G
NPDES Stormwater Permit Application Form
f Narrative Application Supplement: Stormwater Management Program Report `
Recommendation: Based on the documents reviewed, the application information submitted on May 26, 2004, is
sufficient to issue an Individual Stormwater Permit.
Prepared by (Signature) ;��Date
Stormwater and General Permits Supervisor
Concurrence by Regional Office/<'l///— 12- A�ee-o— Dale
Water Quality Supervisor
Date
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
IKMW
NCDENR
Custorner Service
1-877-623-0748

Regional Office Staff Comments
Z

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
t 1/6/2002
THE TOWN OF STANLEY
GARY E. PARKER, TOWN MANAGER
P.O. 13OX 279
STANLEY, NC 28164-0279
Subject: NPDES Phase 11 Stormwater Program
2000 U.S. Census - Notification of Coverage
Gary E. Parker:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase 1 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 II Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater
runoff. The Phase II program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of 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 tiles
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 Stanley 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 Town of
Stanley does not own or operate a small MS4. The deadline for submitting your application package or non -ownership
certification is I8 months from the date of this letter. Application and certification documents, as well as additional
information on the NPDES stormwater program, are available for download at our web site . Our web address is
http://h2o.enr.state.nc.us/su/stormwater.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
Mooresville Regional Office
e��
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1-800-623-7748

. NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES Stormwater permit
coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina
Administrative Code 2H .0126. A complete application package includes this form and
three copies of the narrative documentation required in Section X of this form. This
application form, completed in accordance with Instructions for completing NPDES
Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative
documentation, completed in accordance with Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268) are both required
for the application package to be considered a complete application submittal.
Incomplete application submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Stanley
Seeking Permit
Coverage
b.
Ownership Status
Local
federal state or local
c.
Type of Public Entity
Town
(city, town, county,
prison, school etc.
d.
Federal Standard
SIC 91 - 97
Industrial Classification
Code
e.
County(s)
Gaston
f.
Jurisdictional Area
2
s uare miles
g.
Population
Permanent
3053
Seasonal (if availablo
0
h.
Ten-year Growth Rate
8%
i.
Located on Indian
Lands?
❑ Yes ® No
II. RPE / MS4 SYSTEM INFORMATION
a. Storm Sewer Service
Area(square miles
2
b. River Basin(s)
Catawba
Page 1
eun i_7ti4_i mi n )

NPDES RIDE Stormwater Permit Application
0
A
c. Number of Primary
Receiving Streams
2
d. Estimated percentage of jurisdictional area containing the following four land use
activities:
• Residential
75
• Commercial
10
• Industrial
B
• Open Space
7
Total =
100% this was established using the official zoning
e. Are there significant
water quality issues
listed in the attached
application report?
Yes ® No
Describe the Storm water system and the maintenance for the system.
Stanley Storm water system is made up of curbs and gutter that empty into infiltration
ditches along state maintained roads and some municipal maintained roads. The largest portions
of the system includes open ditches along the roads which empty into several streams. The Town
maintained the system on an as needed bases. The Town has never had an established
maintenance plan for the system. The Town does budget on a as needed basis for repairs to the
system.
cwa w)ra. t nzi m
Page Z

NPDES RPE Stormwater Permit Application
0
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
Yes
No
b. Local Water Supply_Watershed Program
Lj
Yes
No
c. Delegated Erosion and Sediment Control
Program
® Yes ® No
d. CAMA Land Use Plan
Yes
IZ
No
Receiving Streams
Complete a table (as shown in Table 1 below) for each river basin within the MS4 service
area. The web sites and resource contacts listed below under Information Sources will
help you locate the information you need.
Information Sources:
Which river basin are you in?
Stream Index Numbers:
bLtp://h2o.enr.state.nc.p8lginwide/whichbasin.htm
hqg://h2o.enr.stgAe.nc.us/bims/Repggs/repgrisWB.htrffl
Water Quality Classifications htip //h2o.enr.state.nc.gOftr s/Reports/ ortsWB.btn-fl
Basinwide Water Quality Plans: http;//h2o.enr.state.nc.us/basinwide/index.html
303(d) List: http://h2o.enr.state.nc.us/mtttLdQwWoad.httnl
Table 1. River Basin
Receiving
Stream Name
Stream
Segment
Water Quality
Classification
Use Support
Rating
Water Quality
Issues
Duharts
11-129-19
WS-V
Not Rated
Hoyle
11-129-15
4
WS-IV
Not Rated
Page 3

NPDES RPE Stormwater Permit Application
IV. CO -PERMIT APPLICATION STATUS INFORMATION
• (Complete this section only if co -permitting)
,7
a. Do you intend to co -permit
with a permitted Phase I
❑ Yes ® No
entity?
b. If so, provide the name and
perrrfit number of that ente :
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -
permit with another
❑ Yes ® No
Phase II enti ?
d. If so, provide the
name(s) of the entity:
e. Have legal agreements
been finalized between
❑ Yes ® No
the co-ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR
PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that
another entity perform
® Yes ❑ No
one or more of your
rmit obligations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Gaston County Natural Resources
• Element they will
Soil and Erosion Control
implement
• Contact Person
Rob Gordon
• Contact Address
1303 Dallas Cherryville Hwy
• Contact Telephone
704-933-4181
Number
c. Are legal agreements in
place to establish
® Yes ❑ No
responsibilities?
canwn;A -min,)
Page 4

NPOES RPE Stormwater Permit Application
VI. DELEGATION OF AUTHORITY (OPTIONAL)
• The signing official may delegate permit implementation authority to an appropriate
staff member. This delegation must name a specific person and position and
include documentation of the delegation action through board action.
a. Name of person to which permit Ed Humphries
authority has been delegated
b. Title/position of person above Town Manager
c. Documentation of board action delegating permit authority to this
person/position must be provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory
authority for this permit application. If authority for the NPDES stormwater
permit has been appropriately delegated through board action and
documented in this permit application, the person/position listed in Section VI
above may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a .system designed
• to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations
U
Signature
Name
Judith M. Johnson
Title
Mayor
Street
Address
106 E Chestnut St.
PO Box
city
Stanley
State
NC
Zip
28164
Telephone
704-263-2911
Fax
704-263-9699
E-Mail
[e-mail]
Page 5

of
01

NPDES RPE Stormwater Permit Application
• VIII. MS4 CONTACT INFORMATION
•
•
Provide the following information for the person/position that will be responsible for
day to day implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Ed Humphries
b.
Title
Town Manager
c.
Street Address
d.
PO Box
P.O. Box279
e.
Ci
Stanley
f.
State
NC
.
Zip
28164-0279
h.
Telephone
Number
704-263-4779
i.
Fax Number
704-263-9699
'.
E-Mail Address
[e-mail]
Page b
can i_�ra_ti new n�

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
• fist permits or construction approvals received or applied for under the following
programs. Include contact name if different than the person listed in Item VIII. If
further space needed, attach additional sheets.
U
•
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater
Received
Discharge Permit Number
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards
for Hazardous Pollutants
(NESHAPS) preconstruction
approval
g. Ocean dumping permits
N/A
under the Marine Protection
Research and Sanctuaries
Act
h. Dredge or fill permits under
section 404 of CWA
can i_wn_t m i m
Page 7

NPOES RPE Stormwater Permit Application
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT
• PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater
management program for the five-year permit term. The report shall be formatted
in accordance with the Table of Contents shown below. The required narrative
information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report
must be assembled in the following order, bound with tabs identifying each section
by name, and include a Table of Contents with page numbers for each entry.
1. Stormwater Management Program Plan
You must develop, implement, and enforce a stormwater management program (SWMP)
designed to reduce the discharge of pollutants from your small MS4 to the maximum
extent practicable (MEP), to protect water quality, and to satisfy the appropriate water
quality requirements of the Clean Water Act. The SWMP must be developed and fully
implemented within five years from the effective date of the issued NPDES stormwater
permit.
For each of the measures listed below, provide a table that summarizes what best
management practices will be used, the frequency of the BMW, the measurable goals for
each BMP, the implementation schedule, and the responsible person or position for
implementation. An example BMP summary table is provided in Appendix A.
1.1. Public Education and Outreach on Storm Water Impacts
You must implement a public education program to distribute educational materials to the
community or conduct equivalent outreach activities about the impacts of storm water
discharges on water bodies and the steps that the public can take to reduce pollutants in
storm water runoff. Include the following information to explain your proposed program
to meet these requirements.
1.1.1. BMP Summary Table
See Appendix A
•
Page

NPDES RPE Stormwater Permit Application
1.1.2 Target Audience: Explain the target audiences for your education program. Target
. audiences should be those likely to have significant storm water impacts (including
commercial, industrial and institutional entities). Describe why those target audiences
were selected.
The Town population is mainly residential therefore the main audience will be the
residents of the Town. The residents provide a contribution to the system, but the Iargest
impacts comes from the commercial and industrial entities. The Town plans to provide
education materials as many of the contributing entities. The Town will also work with
new projects to mitigate the impact of storm water.
1.1.3 Target Pollutant Sources: Explain what target pollutant sources your public
education program is designed to address and why those sources are an issue for
your MS4.
Trash, fertilizers, house hold products, and petroleum products. The town feels that with
such a large area comprised of house hold and open space that the chemicals used for car
washing, cleaning, and upkeep of homes an autos make up the largest pollutants in the
system.
1.1.4 Outreach Program: Describe your outreach strategy, including the mechanisms (e.g.,
printed brochures, newspapers, media, workshops, etc.) you will use to reach your target
audiences , and how many people do you expect to reach by your outreach strategy over
• the permit term. Explain how you plan to inform individuals and households about the
steps they can take to reduce storm water pollution and how you plan to inform individuals
and groups on how to become involved in the storm water program (with activities such as
local stream and beach restoration activities).
Stanley will be developing an outreach program that focus on the distribution of written
materials, and printed brochures. The town will have available in Town Hall and will be
distributing other materials through the mail and in newspapers to the target audience
mentioned in Sec. 1.1.2. The town expects to reach at least 75% of the contributing
entities through a direct mailing with the utility bills and brochures. These mailings will
explain what storm water is and how they can help to decrease the effect of the
stormwater. The Town Manager will be responsible for ensuring that these goals are
meet. Groups can contact Gaston County Natural Resource to become involved with
volunteer programs which can help provide education to the public.
1.1.5 Decision Process: Document your decision process for the development of a storm
water public education and outreach program. Your rationale statement must
address your overall public education program and the individual BMPs,
measurable goals and responsible persons for your program.
The responsible person for the educational program will be the Town Manager Ed
Humphries. The town will first be developing an educational program that will meet the
. requirements of this permit. The educational program will included examples of materials
to be distributed to the public and employees, and printed materials that may be placed in
Page 9
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01

NPDES RPE Stormwater Permit Application
. the newspaper or mailed to the customers of our utility system. These programs will allow
the town to contact and inform the largest number of residents and busyness owners in the
affected area. A copy of all the education material will be keep with the permit for future
reference.
n
LJ
1.2 Public Involvement and Participation
You must at a minimum, comply with State, Tribal, and local public notice requirements
when implementing a public involvement/participation program. You can use this
minimum requirement as your program for public involvement. If so, please provide
appropriate documentation of the process followed and copies of the public notice(s)
issued.
The Town will comply with the public hearing requirements to insure that there is
adequate public involvement in the pennitting process. The public hearing will be
advertised for two consecutive weeks prior to the hearing in a local newspaper of general
circulation. The first ad will run no sooner than twenty five days before the meeting and
no later then ten days before the meeting. The advertisements will be attached to the
permit.
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• 1.3 Illicit Discharge Detection and Elimination
You must develop, implement and enforce a program to detect and eliminate illicit
discharges [as defined in 40 CFR §122.26(b)(2)j into your MS4. Include the following
information to explain your proposed program to meet these requirements.
1.3.1 BMP Summary Table
See appendix A
1.3.2 Storm Sewer System Map:
Describe how you will develop a storm sewer map showing the location of all outfalls and
the names and location of all receiving waters. Describe the sources of information for the
maps, and how you plan to verify the outfalls locations. if already completed, describe
how you developed this map. Also, describe how your map will be regularly updated.
The Town will be developing a system map on our own. The Town will be gathering data
on the outfalls from local, county, state, and federal sources such as the USGS maps, and
Flood Plain maps The Town will produce a preliminary map and verify the location by
physically visiting the sites. The map will be developed over the five years of the first
permit by mapping one fifth of the Town each year. .
1.3.3 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory
• mechanism) you will use to effectively prohibit illicit discharges into the MS4 and
why you chose that mechanism. If you need to develop this mechanism, describe
your plan and a schedule to do so.
C7
The Town will be developing a illicit discharge ordinance. This ordinance will be
developed during the third year of the permit and presented to council for comments
before the adoption. The Town Manager will be educating the employees on how to
detect illicit discharge and will be in charge of designating the appropriate person to be in
charge of enforcement.
1.3.4 Enforcement: Describe your enforcement procedures and how these will insure that
the illicit discharge ordinance is implemented.
The Town will be the administering body of any ordinance on illicit connections and
discharges. The Town will be using all necessary remedies to ensure that the compliance
is achieved. Possible actions that may be taken are withholding of the certificate of
occupancy to a stop work order issued, civil penalties and court ordered injunctions
depending on if the structure is being constructed or is preexisting.
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• 1.3.5 Detection and Elimination: Describe your plan to detect and address illicit discharges to
your system, including discharges from illegal dumping and spills. Consider the use of Best
Management Practices (BMPs) such as dry weather field screening for non -storm water
flows, field tests of selected chemical parameters as indicators of discharge sources and on -
site sewage disposal systems that flow into your storm drainage system. Your description
must address the following, at a minimum:
The Town wiII use a combination of dry weather checks and when applicable water
sampling to detect and eliminate illegal discharges. During a dry weather check: if a
discharge is notices and the discharge appears to be something other than water the Town
will sample the discharge. The town shall perform dry weather checks after a period of 72
hours of dry weather. Using the data collected from the sampling of the outfalls the Town
will be able to locate high priority areas and address these through proper education and
enforcement. The Town will try to locate the illegal discharge into the Storm water
system when through chemical test an abnormal chemical level is detected. The easiest and
simplest way for the Town to locate the source is by taking measurement along the
feeding and receiving streams until one area can be identified as having the highest
concentration. Visual inspection will take place after the area has been identified.
1.3.6 Procedures for locating priority areas which includes areas with higher likelihood of
illicit connections (e.g., areas with older sanitary sewer lines, for example) or
ambient sampling to locate impacted reaches. Procedures for tracing the source of
• an illicit discharge, including the specific techniques you will use to detect the
location of the source.
The Town will identify priority areas by the levels of poIIutant which are found during the
sampling. Furthermore gray water will also be addressed through education a program
that inform and encourages the citizens to report or correct the discharges. Also the
Town will be visually inspecting the areas during their normal work duties as soon as
employees can be trained on how to detect these connections. Illicit or illegal connection
will be removed through enforcement of the illicit connection ordinance. The Town
currently performs work and maintenance on the sewer system. The public works director
currently recommends the replacement of older and failing lines. The town will be
examining this to decide it a written plan for sewer line replacement need to be developed.
Elimination of these failing sewer lines will allow the Town to correct occurrences were
gray water has been found.
1.3.8 Procedures for removing the source of the illicit discharge.?
The Town will plan to eliminate illicit connection or discharges by first educating the
population. After the education phase we will develop an ordinance that will provide us
with all the enforcement ability given to us by the state. If the violation continues then we
will seek help from the regional office for NCDENR or the State Court System.
1.3.9 Procedures for evaluation of the plan to detect and eliminate illicit discharges.
The Town storm water program will be evaluated by maintaining accurate records of
compliance with the permit. If the Town can show that they have completed all the
requirements to the best of there ability they will consider the program to be acceptable.
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. 1.3.10 Non Storm water Discharges: Address the following categories of non -storm water
discharges or flows (i.e., illicit discharges) only if you identify them as significant
contributors of pollutants to your small MS4: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as
defined at 40 CFR §35.2005(20)), uncontaminated pumped ground water, discharges from
potable water sources, foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands, dechlorinated
swimming pool discharges, and street wash water (discharges or flows from fire fighting
activities are excluded from the effective prohibition against non -storm water and need
only be addressed where they are identified as significant sources of pollutants to waters of
the United States).
You may also develop a list of other similar occasional incidental non -storm water
discharges that will not be addressed as illicit discharges. These non -storm water
discharges must not be reasonably expected (based on information available to the
permittees) to be significant sources of pollutants to the Municipal Separate Storm
Sewer System, because of either the nature of the discharges or conditions you have
established for allowing these discharges to your MS4 (e.g., activity with
appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). You
must document in your SWMP any local controls or conditions placed on the
discharges. You must include a provision prohibiting any individual non -storm
water discharge that is determined to be contributing significant amounts of
ispollutants to your MS4.
•
At this time the Town will allow all of the above named pollutants to discharge into the
system.
1.3.11 Outreach: Describe how you plan to inform public employees, businesses, and the
general public of hazards associated with illegal discharges and improper disposal of
waste. Include in your description how this plan will coordinate with your public
education minimum measure and your pollution prevention/good housekeeping
minimum measure programs.
The Town will be using printed material that can be distributed to the general population
through the use of mailers. The public employees will have materials distributed by the
Town Manager on a regular basis that goes over storm water and what effects it can have
on the environment. This will coordinate with the BMP's outlined in appendix A.
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• 1.3.12 Decision Process: Document your decision process for the development of a storm
water illicit discharge detection and elimination program. Your rationale statement
must address your overall illicit discharge detection and elimination program and
the individual BMPs, measurable goals, and responsible persons for your program.
0
The Town decision for what needed to be implemented were based off the requirements of
the permit. The Town realizes that currently we do not have many ordinances or policies
to address stormwater and it effects. We have included in the permit what we feel is the
most needed for the first five years. This includes first mapping the area. Second we must
write an ordinance for the Town. Third we need to educate the employees and officials on
the effects of Stormwater. Lastly is the education of the public. The responsible person
for the program as it stands will be the Town Manager.
1.3.13 Evaluation: Explain how you will evaluate the success of this minimum measure,
including the measurable goals for each of the BMPs.
The Town will develop an ordinance. The Town will be able to measure the effects of the
ordinance by the decrease in the number of illicit connection or discharges. The town is
also in the process of developing a system map to comply with this permit. The town will
also be distributing information to the public and the employees through which the town
will be able to measure the number of complaints and the resolution of each complaint.
Lastly the town will develop a standard operating system of enforcement and a data base
to keep track of the enforcement and inspection.
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NPDES RPE Stormwater Permit Application
• 1.4 Construction Site Storm water Runoff Control
You must develop, implement, and enforce a program to reduce pollutants in any storm
water runoff to your small MS4 from construction activities that result in a land
disturbance of greater than or equal to one acre, Reduction of storm water discharges
from construction activity disturbing less than one acre must be included in your program
if that construction activity is part of a larger common plan of development or sale that
would disturb one acre or more.
�J
You may indicate your intention to rely on the State Erosion and Sediment Control
Program (or a locally delegated program) and the DWQ general stormwater permit for
construction activities to meet these requirements. If you choose to develop and
implement your own construction site stormwater runoff control program, then you must
provide the following information.
1.4.1 BMP Summary Table
See appendix A
1.4.2 Regulatory Mechanism: Describe the mechanism (ordinance or other regulatory
mechanism) you will use to require erosion and sediment controls at construction
sites and why you chose that mechanism. If you need to develop this mechanism,
describe your plan and a schedule to do so. If your ordinance or regulatory
mechanism is already developed, include a copy of the relevant sections as an
appendix. You must establish requirements for:
The Town will be adopting the sediment and erosion control ordinance developed by the
Gaston County Division of Environmental and Natural Resources. This ordinance
addresses all major concerns that sediment and erosion controls causes.
1.4.3 Plan Reviews: Describe your procedures for site plan review, including the review
of pre -construction site plans, which incorporate consideration of potential water
quality impacts. Describe your procedures and the rationale for how you will
identify certain sites for site plan review, if not all plans are reviewed. Describe the
estimated number and percentage of sites that will have pre -construction site plans
reviewed.
Currently the Town does not review sedunent and erosion control measure for new and
expanding development. NCDENR was the previous agency responsible for reviewing
these plans. Upon adoption and execution of the ordinance and local agreement of the
county ordinance all plan review for sediment and erosion control measures will be
handled through the Gaston County Division of Environmental and Natural Resources.
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NPDES RPE Stormwater Permit Application
1.4.4 Enforcement: Describe your plan to ensure compliance with your erosion and
sediment control regulatory mechanism, including the sanctions and enforcement
mechanisms you will use to ensure compliance. Describe your procedures for when
you will use certain sanctions. Possible sanctions include non -monetary penalties
(such a stop work orders), fines, bonding requirements, and/or permit denials for
non-compliance.
Enforcement for the construction site Stormwater runoff controls will be handled through
the county. The county and the Town will be able to withhold certificates of occupancy if
the regulations of the program are not meet, civil penalties, and stop work orders may be
issues. The enforcement of the ordinance will depend on the agreements in place at the
time of adoption.
1.4.5 Inspections: Describe your procedures for site inspection and enforcement of
control measures, including how you will prioritize sites for inspection.
All site inspection will be handled by Gaston County. Areas of concern will be prioritized
by categorizing their locations. Thus areas that are closer to outfalls will receive a higher
priority than areas farther away.
1.4.6 Public Information: Explain your procedures for receipt and consideration of
information submitted by the public. Consider coordinating this requirement with
your public education program. ?
• The Town holds regular meeting to which the public may attend and voice their concerns.
A citizen may also file a formal complaint with the Town if they feel that action has not
been taken on the matter. As always the towns elected officials and staff are available to
citizens to discuss matters with them.
•
1.4.7 Decision Process: Document your decision process for the development of a
construction site stormwater runoff control program.
The staff and council decided that the best way for a Town the size of Stanley to handle
the increase in responsibility was to contract with the county for administration of certain
programs. The county has spent a large amount of resources and time meeting with
stakeholders to develop the proposed ordinance. Therefore the town feels that the
proposed ordinance addresses all concerns that developer, local government, and citizens
have on this issues.
1.4.8 Evaluation: Explain how you will evaluate the success of this minimum measure,
including the measurable goals for each of the BMPs.
The program will be evaluated by determining how effective the county has been in
enforcement and site plan review. If we notice that there has been a increase in
compliance with the requirements of the ordinance the Town will consider the BMP and
minimum measure to be acceptable.
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• 1.5 Post -Construction Storm Water Management in New Development and
Redevelopment
1.5.1 Do you currently have development standards that address Stormwater
management on new or redevelopment projects that disturb more than one acre of
property. If you answered yes is this an ordinance that required plan reviews, and
upkeep of BMP's , describe how it mects the requirements for this permit, and does
it address structural and non-structural controls? No
1.5.2 Describe your maintenance program, including enforcement mechanism.
The Town does provided maintenance of the structural system on as needed bases as
determined by the Town Manager and Public Works Director. The Town will be
examining whether to adopt a storm water fee to help with the upkeep and future projects
for the system.
1.5.3 Describe your plan review process.
There is no review process
1.5.4 Of all your current practices and strategies, list the ones that will be used as on-
going BMPs under this permit.
• The Town does not have any current practices except maintaining the system on an as
needed basis.
1.5.5 Do you have requirements for structural BMPs to control Stormwater on site for
new or redevelopment activities to control water quality? No
1.5.6 Describe the regulatory mechanism, those controls and how they were selected to
control water quality? There are none
1.5.7 Do you have a regulatory mechanism to address post -construction controls for water
quality? No
1.5.7 If you don not have standards that address post construction storm water
management how will you meet this requirement. The Town does not currently
have a regulatory mechanism to control post construction. The Town will examine the
need for these requirements in the future if it is determined that the permit requires these
or it is found that they are need then the Town will develop the requirements.
1.5.8 Describe how you will establish a long term maintenance program and who will pay
for this program. The Town will be incorporating a policy for long term
maintenance of single family developments. It has not been decided if commercial sites
will be responsible for their own upkeep of the sediment ponds and other BMP's or if
isthere will be a storm water fee. If there is not a fee the maintenance will be funded out of
the general fund.
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•
1.5.9 What minimum control will you follow?
•
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U
The Town will be examine the use of buffers, built upon areas, sediment ponds, setbacks,
and other proven BMP's. the Town may then incorporate some of these into the zoning
and subdivision ordinance.
1.5.10 What are your priority areas and other condition that may require special attention.
At this time the Town is unsure of the priority areas. We will be examining them in the
future for placement on a needs list.
1.5.11 Describe how the Town will measure the goals of this program.
The Town will determine the effects of this section by tracking the sample obtained from
the outfalls and monitoring the pollution levels for a stabilization or decrease.
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• 1.6 Pollution Prevention/Good Housekeeping for Municipal Operations
You must develop and implement an operation and maintenance program that includes a
training component and has the ultimate goal of preventing or reducing pollutant runoff
from municipal operations.
Using training materials that are available from EPA, your State, Tribe, or other
organizations, your program must include employee training to prevent and reduce storm
water pollution from activities such as park and open space maintenance, fleet and
building maintenance, new construction and land disturbances, and storm water system
maintenance. Include the following information to explain your proposed program to
meet these requirements.
1.6.1 BMP Summary Table
See appendix A
1.6.2 Affected Operations: Specifically list your municipal operations that are impacted
by this operation and maintenance program. You must also include a list of
industrial facilities you own or operate that are subject to NPDES Stormwater
General Permits or individual NPDES permits for discharges of storm water
associated with industrial activity that ultimately discharge to your MS4. Include
the permit number and certificate of coverage number for each facility.
None that we can note.
is 1.6.3 Training: Describe any government employee training program you will use to
prevent and reduce storm water pollution from activities such as park and open
space maintenance, fleet and building maintenance, new construction and land
disturbances, and storm water system maintenance. Describe any existing, available
materials you plan to use. Describe how this training program will be coordinated
with the outreach programs developed for the public information minimum measure
and the illicit discharge minimum measure.
•
The Town will began a process of education for all employees on the effects of
stormwater run off. The employees will be given the material and information by the
Town Manager and will have discussion with the Public Works Director on proper usage
of chemicals and the effects on storm water.
1.6.4 Maintenance and Inspections: Describe maintenance activities, maintenance
schedules, and long-term inspection procedures for controls to reduce floatables and
other pollutants to your MS4. The Town will be developing a maintenance plan for the
system in the coming years. The plan will include inspection and maintained of areas when
it is determined that they have been compromised or degraded. Inspection will be the
main source of this identification. The inspection will not only target illicit discharge but
will be a review of the system performance.
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. 1.6.5 Vehicular Operations: Describe your controls for reducing or eliminating the
discharge of pollutants from municipal parking lots, maintenance and storage yards,
waste transfer stations, fleet or maintenance shops with outdoor storage areas, and
salt/sand storage locations and snow disposal areas you operate.
The Town will explore the possibilities of placing materials such as salts and solid waste
vehicles under a shelter. The vehicle maintenance will be keep to a minimum and proper
techniques of spill clean up will be observed.
t.6.6 Waste Disposal: Describe your procedures for the proper disposal of waste removed
from your MS4 and your municipal operations, including dredge spoil, accumulated
sediments, floatables, and other debris. Non -hazards waste will be disposed of at the
local landfill. Hazards waste will be disposed of following the guidelines for hazards
waste disposal that the local fire department must follow.
1.6.7 Flood Management Projects: Describe your procedures to ensure that new flood
management projects are assessed for impacts on water quality and existing projects
are assessed for incorporation of additional water quality protection devices or
practices. Stanley will continue to use FEMA guidelines in order to address these issues.
Currently the Town does not have any recorded flood plains.
• 1.6.8 Existing ordinances: Describe your decision process for reviewing existing
ordinances for possible modification to address stormwater issues. The Town
Manager is in charge of reviewing existing ordinances. The manager may seek the help of
the Town Attorney for this task. The Town Board may also request the modification of
an ordinance as may a property owner with in the Town Limits or ETJ.
1.6.9 Decision Process: Document your decision process for the development of a
pollution prevention/good housekeeping program for municipal operations. Your
rationale statement must address both your overall pollution prevention/good
housekeeping program and the individual BMPs, measurable goals, and responsible
persons for your program. The Town will develop a pollution prevention plan as needed
for compliance with the permit. Also the Town will consider the affected areas of the
potential spills and take appropriate steps to limits and control the effects of the spills.
1.6.10 Evaluation: Explain how you will evaluate the success of this minimum measure,
including the measurable goals for each of the BMPs.
The measurable goal will include the identification of areas, which are owned by the Town
and have a potential to discharge storm waters. Option will be explored as to how the
Town can decrease the amount of pollutants in the run oil Beginning in year two the
Town will develop an implement a program were educational material is distributed to all
of the employees. Employees who will be in charge of managing the systems performance
will be given additional training to ensure that they will be capable of effectively
discharging their duties.
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0 ::4,4 ><
Appendix A
cNui Page 21

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Prepare and The town will prepare an educational plan that will detail what areas will X X X Town Manager
Education al Plan be addressed and metrials needed to address these area.
Material Develop mailers or statements for the utility bills which can provided x x X X X
information to the customers of the town on storm water and its affects
on the purity of the water supply,
ration of the Provide education materials for the town employees at least once a X X X X X
loyees year starting in year one. These will focus on the importance of storm
water management and provided the employees with background
knowledge so that they may answer question and perform there job
responsibility better
Outs Develop materials for distribution in the town hall, during meetings, and I x x x x x
other pubic places, The message will be focused towards the
households and will detail what they can do to reduce storm waters.
Town Manager
Town Manager
Town Manager

A System Prepare a system map over the five year span of the permit. The map I x x I X I X I X Town Manager
will be developed by the public works director under the supervision of
the town manager
Develop printed
Prepare printed material on illicit connection and place the material in
X
X
Town Manager
material on illicit
areas were the public will have access to the material. Provided contact
connections
information to report any illicit connection that they may find,
Train employees
provided materials and training through the town managers offices on
x
x
x
Town Manager
on how to detect
how to located illicit connections and who to contact when an illicit
illicit connection.
connection is found
Establish a data
Establish a computer data base on illicit connection complaints and
x
x
Town Manager
base on inspection
enforcement action taken also track the inspection of the outfalls
and enforcement
Develop Standard
The town will work with the county in developing procedures for
Town Manager
procedures for the
administrations of the program and responsible areas of each group
programs
x
nStble; Pbsi>tiW.P :::

0 0 0
.. ...........
Establish a plan Establish a plan review requirement with the county Inorder to ensure x Town Manager
review that sediment and erosion control measure are address during
construction
an Establish the areas of responsibility between the town and county. Also I �x I Town Manager
ent �develop penalties for non-compliance
.
........... 7�14easura e:
Y IPYRki
!!i.Y.' FRI.
.Wanaae
...........
...........
......
­ ..........
...........
..........
.
.... .......
...........
Develop ordinance
The Town will examine the development ordiances; that it controls to
X
Town Manager
and policies that
make sure that they comply will any new requirements
address infill,
sediment and
erosion controls,
built upon areas,
etc.
Yk-::
:W.
:Y
Y. R
YMR
AR.
p..
......
...
....

0
Develop training
materials on
pollution
eventi
The town will develop training materials and educate all employees and
pollution prevention techniques. The town will submit the training
material with the annual report
x
x
x
Town Manager
Provide advance
The town will provided advance training on maintaining, inspections,
x
x
x
Town Manager
training for
cleaning and disposing of waste for employees who will be involved in
employees who will
the upkeep of the system.
provided upkeep to
the system

'down of (Staple
Y
Established November 14, 1855
MAYOR
TOWN MANAGER
Judith D, Johnson
"A Friendly Place"
Ed. Humphries
COUNCIL
. oV'S'1t
POLICE CHIEF
.lady M. Stroupc
John F. Fishe
oa,� ' t
y
a
Heath R. Jenkins
John L. Adams Jr.
Franc M. Guida
��
FIRE CHIEF
M. Anthony Ballard
o,F 0® `,
Daniel K. Hawley
A RESOLUTION
STORMWATER PERMIT
DELEGATION OF AUTHORITY
WHEREAS, the Town Council of the Town of Stanley, North Carolina, finds
that in executing the requirements for the stormwater permit the authority to do so shall
be delegated to the Town Manager.
WHEREAS, the federal and state government have required local governments
to complete and implement a stormwater permit.
WHEREAS, the implementation of the permit will be an ongoing project.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of
• Stanley, that the Town Manager is authorized to assume the responsibilities of
implementation, maintenance, and construction of all new and existing stormwater
systems and programs.
•
Motion to adopt the foregoing resolution made by Council Member tgdd A,) ,
Seconded by Council Member said resolution adopted to regular
session, duly assembled, in this 2° day of ebruary, 2004 by the following vote:
Ayes: 4
Nays:
........... ....
.r 1
Judith D. Johnson — or
�,Vm"Q
Evy nne C. Smith, Town Clerk
P.O. BOX 279 • 114 S. MAIN ST. • STANL.EY, N.C. 28164 • 704-263-4779 • FAX [phone]

Gaston County, North Carolina
. Soil Erosion & Sedimentation Control Ordinance
Soil Erosion and
Sedimentation Control
Ordinance
For
Gaston County,
� North Carolina
L
Adopted — November 14, 2002
Revised — March 13, 2003
Effective Date — April 1, 2003

• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
SOIL EROSION AND SEDIMENTATION
CONTROL ORDINANCE
FOR
GASTON COUNTY, NORTH CAROLINA
Section 1 Title
This Ordinance may be cited as the Gaston County Soil Erosion and Sedimentation
Control Ordinance.
Section 2 Purpose
This ordinance is adopted for the purposes of.
a. Regulating certain land -disturbing activity to control accelerated erosion and
• sedimentation in order to prevent the pollution of water and other damage
to lakes, watercourses, and other public and private property by
sedimentation; and
b. Establishing procedures through which these purposes can be fulfilled.
Section 3 Jurisdiction
The Gaston County Board of Commissioners hereby adopts this Ordinance. The
ordinance applies to all portions of Gaston County, except for that property within the city
limits of the incorporated municipalities of Gaston County. However, this Ordinance
may later be adopted to also apply within other regions upon proper resolution duly
adopted by the governing bodies of the respective regions and the Commissioners.
Wherever conflicts exist between federal, state, or local laws, ordinances, or rules, the
more restrictive provision shall apply.
Section 4 d? nitions
As used in this ordinance, unless the context clearly indicates otherwise, the following
definitions apply:
a. Aweterated Erosion - means any increase over the rate of natural erosion as a

Gaston County North Carolina
Soil Erosion & Sedimentation Control Ordinance
result of land -disturbing activity.
b. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and
al! rules and orders adopted pursuant to it.
c. Adequate Erosion Control Measure. Stn4ct4re. or Device - means one which
controls the soil material within the land area under responsible control of the
person conducting the land -disturbing activity.
d. Affiliate - a person that directly, or indirectly through one or more intermediaries,
controls, is controlled by, or is under common control of another person.
e. Being Conducted - means a land -disturbing activity has been initiated and
permanent stabilization of the site has not been completed.
f. BBorrmN - means fill material, which is required for on -site construction and is
obtained from other locations.
g. Buffer Zone - means the strip of land adjacent to a lake or natural watercourse.
h. Final Certificate of Oc cupancy - means the document required by the North
Carolina State Building Code certifying that a new building shall not be occupied
or a change made in occupancy, nature or use of a building until after all
_ required building and services systems have been inspected for compliance with
• the technical codes and other applicable laws and ordinances and released by
the Gaston County Code Enforcement Department
Commission - means the North Carolina Sedimentation Control Commission.
j. om letio of ggnstruction or Deve o e - means that no further land -
disturbing activity is required on a phase of a project except that which is
necessary for establishing a permanent ground cover.
k. Department - means the North Carolina Department of Environment and Natural
Resources.
Director - means the Director of the Division of Land Resources of the North
Carolina Department of Environment and Natural Resources.
M. Discharge Polnt - means that point at which run-off leaves a tract of land.
n. 12istrict - means the Gaston Soil and Water Conservation District created
pursuant to Chapter 139, North Carolina General Statutes.
o. Energy_ Dissipater - means a structure or a shaped channel section with
mechanical armoring placed at the outlet of pipes or conduits to receive and
break down the energy from high velocity flow.
3

Gaston County North Carolina
• Soil Erosion & Sedimentation Control Ordinance
P. Erosion - means the wearing away of land surface by the action of wind, water,
gravity, or any combination thereof.
q. Gaston County Environmental Review Board - means the Gaston County
Environmental Review Board.
r. Ground Cover - means any natural vegetative growth or other material that
renders the soil surface stable against accelerated erosion.
S. Hjoh Qu@li!y Waters - means those classed as such in 15A NCAC 2B4O101 (e)
(5) - General Procedures, which is incorporated herein by reference to include
further amendments.
t. High Qualms Water (HQWLZones - means areas in the Coastal Counties that
are within 575 feet of High Quality Waters and for the remainder of the state
areas that are within one mile and drain to HQW's.
U. Lake or Natural Watercourse - means any stream, river, brook, swamp, sound,
bay, creek, run, branch, canal, waterway, estuary, and any reservoir, take or
pond, natural or impounded, in which sediment may be moved or carried in
suspension, and which could be damaged by accumulation of sediment.
V. Land -Disturbing Activity - means any use of the land by any person in
residential, industrial, educational, institutional, or commercial development,
highway and road construction and maintenance that results in a change in the
natural cover or topography and that may cause or contribute to sedimentation.
W. Local GoMemmeent - means any county, incorporated village, town, or city, or any
combination of counties, incorporated villages, towns, and cities, acting through
a joint program pursuant to the provisions of the Act.
X Maw — means contingent upon the discretion of the Gaston Natural Resources
Department Director.
Y. Natural Erosion - means the wearing away of the earth's surface by water, wind,
or other natural agents under natural environmental conditions undisturbed by
man.
Z. Parent - an affiliate that directly, or indirectly through one or more intermediaries,
controls another person.
aa. Person - means any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public or private
institution, utility, cooperative, interstate body, or other legal entity.
bb. Person Conducting Land -Disturbing Activity - means any person who may be
held responsible for a violation unless expressly provided otherwise by this
Ordinance, the Act, or any other order adopted pursuant to this Ordinance or the

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Act.
cc. Person Responsible for the Violation - as used in this Ordinance, and G. S.
113A-64, means:
the developer or other person who has or holds himself out as having
financial or operational control over the land -disturbing activity; or
2. the landowner or person in possession or control of the land when he
has directly or indirectly allowed the land -disturbing activity or has
benefited from it or he has failed to comply with any provision of this
Ordinance, the Act, or any order adopted pursuant to this Ordinance or
the Act as imposes a duty upon him.
dd. Phase of Grading - means one or two types of grading, rough or fine.
ee. Plan - means an Erosion and Sedimentation Control Plan.
ff. Recurring Violation — means a violation that has not been corrected within the
time specified by the Gaston Natural Resources Department, or, a reoccurrence
of a violation from which a previous notice has been issued, not withstanding
natural occurrences exceeding design requirements.
_ gg. ediment - means solid particulate matter, both mineral and organic, that has
been or is being transported by water, air, gravity, or ice from its site of origin.
hh. Sedimentation - means the process by which sediment resulting from
accelerated erosion has been or is being transported off the site of the land -
disturbing activity or into a lake or natural watercourse.
ii. §tjall — means a requirement.
i Storm pram FacAges - means the system of inlets, conduits, channels,
ditches, and appurtenances which serve to collect and convey stone water
through and from a given drainage area.
kk. Storm WaLer Run-off - means the direct run-off of water resulting from
precipitation in any form.
if. Subs' is — an affiliate that is directly, or indirectly, through one or more
intermediaries, controlled by another person.
mm. Ten -Year Storm - means the surface run-off resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in ten (10)
years, and of a duration which will produce the maximum peak rate of run-off,
from the watershed of interest under average antecedent wetness conditions.
nn. TLact - means all contiguous land and bodies of water being disturbed or to be
• -5

. Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
disturbed as a unit, regardless of ownership.
oo. Twenty -Five Year Storm - means the surface run-off resulting from a rainfall of
an intensity expected to be equaled or exceeded, on the average, once in
twenty-five (25) years, and of a duration which will produce the maximum peak
rate of run-off, from the watershed of interest under average antecedent wetness
conditions.
pp. Uncovered - means the removal of ground cover from, on, or above the soil
surface.
qq. Undertaken - means the initiating of any activity, or phase of activity, which
results or will result in a change in the ground cover or topography of a tract of
land.
rr. Velocity — means the average speed of flow through the cross-section of the
main channel at the peak flow of the storm of interest. The cross-section of the
main channel shall be that area defined by the geometry of the channel plus the
area of the flow below the flood height defined by vertical lines at the main
channel banks. Overload flows are not to be included for the purpose of
computing velocity of flow.
ss. Waste - means surplus dirt/soil resulting from on -site construction and disposed
of at other locations.
tt. Workinn Days - means days, exclusive of Saturday and Sunday during which
weather conditions or soil conditions permit land -disturbing activity to be
undertaken.
Section 5 Scoae and Exclusions
This Ordinance shall not apply to the following land -disturbing activities:
a. activities, including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man,
including, but not limited to:
1. forages and sod crops, grains and feed crops, tobacco, cotton, and
peanuts.
2. dairy animals and dairy products.
3. poultry and poultry products.
4. livestock, including beef cattle, llamas, sheep, swine, horses, ponies,
mules, and goats.
5. bees and apiary products.
6. fur producing animals
b. activities undertaken on forestland for the production and harvesting of timber and
timber products and conducted in accordance with Best Management Practices set

` Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
out in `Forest Practice Guidelines Related to Water Quality," as adopted by the
Department. If land -disturbing activity undertaken on forestland for the production
and harvesting of timber and timber products is not conducted in accordance with
'Forest Practice Guidelines Related to Wafer Quality,"the provisions of this
Ordinance shall apply to such activity and any related land -disturbing activity on the
tract; and
c.
activities for which a permit is required under the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes.
d.
land4sturbing activity over which the State has exclusive regulatory jurisdiction as
provided in G.S. 113A-%. (a). The Commission shall have jurisdiction, to the
exclusion of local governments, to adopt rules concerning land -disturbing activities
that are: (1) conducted by the State; (2) conducted by the United States; (3)
conducted by persons having the power of eminent domain; (4) conducted by local
govemments; or (5) funded in whole or in part by the State or the United States.
e.
for the duration of an emergency, activities essential to protect human life.
f.
land -disturbing activities permitted by the Department shall remain under the
jurisdiction of the Department until completion and stabilization.
Section 6 Genarai
Reouiremerrts and Obiectives
•
Plan No initiate land
a.
RegyiMd - person shall any -disturbing activity which
uncovers more than one (1) acre without having an Erosion and Sedimentation
Control Plan approved by the Gaston County Natural Resources Department,
and in borrow and waste areas covered by Section 11 with a disturbed area
greater than one (1) acre.
b.
Compliance - Person who submits a Plan to the Gaston County Natural
Resources Department shall comply with the provisions of Section 18 of this
Ordinance.
C. Protedion_of Property - Persons conducting land -disturbing activity shall take all
reasonable measures to protect all public and private property from
sedimentation siltation caused by such activity.
d, More Hestrictive Rules Shall 60ly - Whenever conflicts exist between federal,
state, or local laws, ordinances, or rules, the more restrictive provision shall
apply.
Section 7 Basic Control Oblectiyes
A Plan may be disapproved pursuant to Section 18 of this Ordinance if the Plan fails to
address the following control objectives:

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
a. Identify Critical Areas - On -site areas, which are subject to severe erosion, and
off -site areas, which are especially vulnerable to severe erosion and/or
sedimentation are to be identified.
b. Limit Time of Exposure - All land -disturbing activity is to be planned and
conducted to limit exposure to the shortest feasible time.
C. Limit Exposed Are - All land -disturbing activity is to be planned and conducted
to minimize the size of the area to be exposed at any time.
d. Control Surface Water- Surface water run-off originating upgrade of exposed
areas shall be controlled to reduce erosion and sediment loss during the period
of exposure.
e. QontrolSedimentation - All land -disturbing activity is to be planned and
conducted so as to prevent off -site sedimentation damage to the extent required
by the Act.
f. Manage Storm Water Run - When the increase in the velocity of storm water
run-off resulting from a land -disturbing activity is sufficient to cause accelerate
erosion of the receiving watercourse, plans are to include measures to control
the velocity at the point of discharge so as to minimize accelerated erosion of
the site and to decrease sedimentation to any lake or natural watercourse.
Section 8 Mandatory Standards ME Land gIsturbingA0vIty
No land -disturbing activity subject to the control of this Ordinance shall be undertaken
except in accordance with the following mandatory standards:
a. Buffer Zone
1. No land disturbing activity during periods of construction or improvement to
land shall be permitted in proximity to a lake or natural watercourse unless a
Buffer Zone is provided along the margin of the watercourse of sufficient
width to confine visible siltation within the twenty-five percent (25%) of the
buffer zone nearest the land disturbing activity. The minimum width of the
buffer zone shall not be less than ten feet (10'). Visible siltation must not
discharge through the Buffer Zone. This subdivision shall not apply to a
land -disturbing activity in connection with the construction of facilities to be
located on, over, or under a lake or natural watercourse.
2. Unless otherwise provided, the width of a Buffer Zone begins and is
measured at least ten feet (10') from the edge of the top of the bank of the
watercourse to the nearest edge of the disturbed area with the 25 percent of
the strip nearer the land -disturbing activity containing natural and or artificial
means of confining visible siltation. Natural or artificial means of confining
visible siltation must be placed, constructed or installed outside the

Gaston County, North Carolina
• Soil Erosion & Sedimentation Control Ordinance
undisturbed Buffer Zone.
b. Graded Slopes and Fills - The angle for graded slopes and fills shall be no
greater than the angle which can be retained by vegetation or adequate
vegetative cover or other adequate erosion control devices or structures. In any
event, slopes left exposed will be planted or otherwise provided with ground
cover, devices, or structures sufficient to restrain erosion. This action must be
taken within fifteen (15) working days or thirty (30) calendar days, whichever is
shorter, after the completion of any phase of grading.
C. Ground Cover - Whenever land -disturbing activityis undertaken on a tract
comprising more than one acre, if more than one acre is uncovered, the person
conducting the land -disturbing activity shall install such sedimentation and
erosion control devices and practices as are sufficient to retain the sediment
generated by the land -disturbing activity within the boundaries of the tract during
construction upon and development of said tract, and shall plant or otherwise
provide a permanent ground cover sufficient to restrain erosion after completion
of construction or development. Except as provided in Section 9(b) (5) of this
Ordinance, provisions for a ground cover sufficient to restrain erosion must be
accomplished within fifteen (15) working days or ninety (90) calendar days
(whichever period Is shorter), following completion of construction or
development.
• d. Prio[ Plan Approval - No person shall initiate any land -disturbing activity on a
tract if more than one acre is to be uncovered unless, thirty (30) or more days
prior to initiating the activity, a Plan for such activity is filed with the Gaston
County Natural Resources Department. Should the Plan be filed, approved and
a Certificate of Approved Plan issued in less than thirty (30) days from the filing
of the Plan, the land -disturbing activity may commence.
e. The person(s) conducting land -disturbing activity or an agent of that party shall
contact the Gaston County Natural Resources Department at least 48 hours
before commencement of the land -disturbing activity.
f. The Gaston County Natural Resources Department may require an onsite
meeting with the person(s) conducting land -disturbing activity, or an agent of
that party, to review and discuss the approved plan and the proposed land -
disturbing activity. The Gaston County Natural Resources Department shall
consider topography, proximity to water course(s) and completeness of Plan to
determine if a meeting is required.
Section 9 Design and Performance Standards
a. Except as provided in Section 9 (b) (2) of this Ordinance, erosion and
sedimentation control measures, structures, and devices shall be so planned,
designed, and constructed as to provide protection from the calculated maximum

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
peak rate of run-off from the ten-year storm. Run-off rates shall be calculated
using the procedures in the United States Department of Agriculture, (USDA),
Natural Resource Conservation Service's `National Engineering Field Manual for
Conservation Practices,"or other acceptable calculation procedures.
b. In High Quality Water Zones (HOW) the following design standards shall apply:
1. Uncovered areas in HOW zones shall be limited at any time to a
maximum total area within the boundaries of the tract of twenty (20)
acres. Only this section shall govern the portion of the land -disturbing
activity within a HOW zone. Larger areas may be uncovered with the
written approval of the Director.
2. Erosion and sedimentation control measures, structures, and devices
within HOW zones shall be so planned, designed and constructed to
provide protection from the run-off of the twenty-five (25) year storm
which produces the maximum peak rate of run-off as calculated
according to procedures in the USDA, Natural Resource Conservation
Service's `National Engineering Field Manual for Conservation
Practices," or according to procedures adopted by any other agency of
this state or the United States or any generally recognized organization
or association.
3. Sediment basins within HOW zones shall be designed and constructed
such that the basin will have a settling efficiency of at least seventy
• (70%) percent for the 40 micron (0.04 mm) size soil partide transported
into the basin by the run-off of that two-year storm which produces the
maximum peak rate of run-off as calculated according to the procedures
in the USDA, Natural Resources Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to
procedures adopted by any other agency of this state or the United
States or any generally recognized organization or association.
4. Newly constructed open channels in HOW zones shall be designed and
constructed with side slopes no steeper than two (2) horizontal to one
(1) vertical if a vegetative cover is used for stabilization unless soil
conditions permit a steeper slope or where the slopes are stabilized by
using mechanical devices or other acceptable ditch liners. In any event,
the angle for side slopes shall be sufficient to restrain accelerated
erosion.
5. Ground cover sufficient to restrain erosion must be provided for any
portion of a land -disturbing activity in a HOW zone within fifteen (15)
working days or sixty (60) calendar days following completion of any
phase of construction or development, whichever period is shorter.
Section 10 Storm Water Outlet protection

Gaston County, North Carolina
IV Soil Erosion & Sedimentation Control Ordinance
a. Persons shall prepare a Plan that designs the post construction velocity of the
10-year storm run-off in the receiving watercourse to the discharge point that
does not exceed the greater of:
the velocity established by the table in Paragraph (d) of this section; or,
2. the velocity of the 10-year storm run-off in the receiving watercourse
prior to development.
If conditions one (1) or two (2) of this Paragraph cannot be met, then the
receiving watercourse to and including the discharge point shall be designed
and constructed to withstand the expected velocity anywhere the velocity
exceeds the "prior to development' velocity by ten (10%) percent.
b. &g2ptable Management Measures - Measures applied alone or in combination
to satisfy the intent of this section are acceptable if there are no objectionable
secondary consequences. The Commission recognizes that the management
of storm water run-off to minimize or control downstream channel and bank
accelerated erosion is a developing technology. Innovative techniques and
ideas will be considered and may be used when shown to have the potential to
produce successful results. Some alternatives are to:
1. avoid increases in surface run-off volume and velocity by including
measures to promote infiltration to compensate for increased run-off
from areas rendered impervious,
2. avoid increases in storm water discharge velocities by using vegetated
or roughened swales and waterways in lieu of closed drains and high
velocity paved sections,
3. provide energy dissipaters at outlets of storm drainage facilities to
reduce flow velocities to the point of discharge. These may range from
simple rip -rapped sections to complex structures,
4. protect watercourses subject to accelerated erosion by improving cross
sections and/or providing erosion -resistant lining.
C. Faceptlions - This rule shall not apply where it can be demonstrated that storm
water discharge velocities will not create an erosion problem in the receiving
watercourse.
d. The following is a table for maximum permissible velocity for storm water
discharges: Units are in feet per second (FPS) and meters per second (MPS).
Materialmax[ mum i le
Velocities
.P.S, M.P.S.
Fine sand (non -colloidal) 2.5 0.8

•
of
*I

U
Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Sandy loam (non -colloidal) 2.5
Silt loam (non -colloidal) 3.0
Ordinary firm loam 3.5
Fine gravel 5.0
Stiff Gay (very colloidal) 5.0
Graded, loam to cobbles (non -colloidal) 5.0
Graded, silt to cobbles (colloidal)
Alluvial silts (non -colloidal) 3.5
Alluvial silts (colloidal) 5.0
Coarse Gravei.(non-colloidal) 6.0
Cobbles and shingles 5.5
0.8
0.9
IA
1.5
1.5
1.5
5.5
1.7
1.1
1.5
1.8
1.7
Shales and hard pans 6.0 1.8
Source - Adapted firm recommendations by Special Committee on Irrigation
Research, American Society of Civil Engineers, 1926, for channels with straight
alignment. For sinuous channels, multiply allowable velocity by 0.95 for slighfly
sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous
channels.
Section 11 12mv ano WA&te Areas
When the person conducting the land -disturbing activity is also the person conducting
the borrow or waste disposal activity, areas from which borrow is obtained and which are
not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus
materials other than landfills regulated by the Department's Division of Solid Waste
Management, shall be considered as part of the land -disturbing activity where the borrow
material is being used or from which the waste material originated. When the person
conducting the land -disturbing activity is not the person conducting the borrow and/or
disposing of the waste, these areas shall be considered a separate land -disturbing
activity.
Section 12 Access and Ftaui & d$
Temporary access and haul roads, other than public or private roads, constructed or
used in connection with any land -disturbing activity shall be considered a part of such
activity.
0 -12

Gaston County, North Carolina
• Soil Erosion & Sedimentation Control Ordinance
Section 13 QpSrations in Lakes or Natural Watercourses
Land -disturbing activity in connection with construction in, on, over, or under a lake or
natural watercourse shall be planned and conducted in such a manner as to minimize
the extent and duration of disturbance of the stream channel. The relocation of a
stream, where relocation is an essential part of the proposed activity, shall be planned
and executed so as to minimize changes in the stream flow characteristics, except when
justification for significant alteration to flow characteristic is provided.
Section 14 Responsiblilty for Maintenance
During the development of the site, the person conducting the land -disturbing activity
shall install and maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved Plan or any provision of this Ordinance, the Act,
or any order adopted pursuant to this Ordinance or the Act. After site development, the
landowner or person in. possession or control of the land shall install and/or maintain all
necessary permanent erosion and sedimentation control measures, except those
measures installed within a road or street right-of-way or easement accepted for
maintenance by a governmental agency:
Section 16 ASLdilLonal Measures
Whenever the Gaston County Natural Resources Department determines that significant
sedimentation is occurring as a result of land disturbing activity, despite application and
maintenance of protective practices, the person conducting the land -disturbing activity
will be required to and shall take additional protective action. Appropriate protective
action shall take place as soon as site conditions permit
Section 16 Existing Uncovered Areas
a. All uncovered areas existing on the effective date of this Ordinance which
resulted from land -disturbing activity, exceed one acre, are subject to continued
accelerated erosion, and are causing off -site damage from sedimentation, shall
be provided with a ground cover or other protective measures, structures, or
devices sufficient to restrain accelerated erosion and control off -site
sedimentation.
b. Gaston County Natural Resources Department reserves the right to require
preparation and approval of an Erosion and Sedimentation Control Plan in any
instance where extensive control measures are required.
Section 17 Ceriifi ,cafe of Approved Plan
0 -13

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
No person shall undertake any land4sturbing activity subject to this Ordinance without
first obtaining a Certificate of Approved Plan from Gaston County, through its Natural
Resources Department, except that no Certificate of Approved Plan shall be required for
any land -disturbing activity:
1. for the purpose of fighting fires that endanger human life; or
2. This exclusion from Certificate of Approved Plan should allow fand-
disturbing activities for construction of a single-family residence on a
single lot, but may not exceed one acre. Despite not being required to
obtain a Certificate of Approved Plan, parties engaged in land -disturbing
activities of less than one -acre are subject to all portions of this
Ordinance. If the erosion and sediment control measures for the
development site are being maintained, individual lots within the
development site may be excluded.
3. If a party has been determined to have been in recurring violation of this
Ordinance within the past two (2) years on the same property, Certificate
of Approved Plan fee may be doubled for that party.
4. No Certificate of Approved Plan will be issued to any party having an
outstanding recurring violation on the same property subject to this
Ordinance.
5. This decision may be appealed to the Environmental Review Board.
Section 18 grosion and §edimontaMon Control Plans
a. A pre -submittal conference with Natural Resources staff can be requested by the
person(s) conducting land -disturbing activity or an agent of that party to take
place at least ten (10) days prior to submittal of the Plan for land -disturbing
activities .
b. At the pre -submittal conference, Natural Resources staff shall inform the
applicant of the processes involved with Plan review and approval, issuance of a
Plan Certificate and Letter of Approval, and the relationship of said Plan and
Letter of Approval with zoning, building code, and other land -use regulations in
effect in Gaston County. At the time of application submission, Natural
Resources staff also shall notify the applicant of the appeal process as provided
in the Ordinance.
C. Persons conducting land -disturbing activity on a tract which covers one or more
acres shall file two (2) copies of the Erosion and Sedimentation Control Plan
with the County Natural Resources Department at least thirty (30) days prior to
beginning such activity and shall keep another copy of the Plan on file at the job
site. After approving the Plan, if the County Natural Resources Department
either upon review of such Plan or on inspection of the job site, determines that
a significant risk of accelerated erosion or off -site sedimentation exists, the
County Natural Resources Department will require a revised Plan. Pending the
0 -14

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
preparation of the revised Plan, work shall cease or shall continue under
conditions outlined by the appropriate authority.
d. Erosion and Sedimentation Control Plans may be disapproved unless
accompanied by an authorized statement of financial responsibility and
ownership. The person financially responsible for the land -disturbing activity or
his attorney shall sign this statement in fact. The statement shall include the
mailing and street addresses of the principal place of business of the person
financially responsible and of the owner of the land or their registered agents. If
the person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving
notice of compliance or non-compliance with the Plan, the Act, this Ordinance,
or rules or orders adopted or issued pursuant to this Ordinance.
G. The Gaston Soil and Water Conservation District shall review the Plan and
submit any comments and recommendations to Natural Resources staff within
twenty (20) days after the Gaston Soil and Water District received the Erosion
and Sedimentation Control Plan, or within any shorter period of time as may be
agreed upon by Gaston Soil And Water Conservation District and the Natural
Resources staff. Failure of the Gaston Soil and Water Conservation District to
submit its comments and recommendations within twenty (20) days or within any
agreed upon shorter period of time shall not delay final action on the Plan.
f. The Natural Resources staff will review each complete Plan submitted to them
and within thirty (30) days of receipt thereof will notify the person submitting the
Plan that it has been approved, approved with modifications, approved with
performance reservations, or disapproved. Failure to approve, approve with
modifications, or disapprove a complete Erosion and Sedimentation Control Plan
within thirty (30) days of receipt shall be deemed approval. Disapproval of a
Plan must specifically state in writing the reasons for disapproval. The Natural
Resources Department must approve with modifications, or disapprove a revised
Plan within fifteen (15) days of receipt, or it is deemed to be approved. The
Natural Resources Department shall only approve a plan upon determining that
it complies with all applicable state and local regulations for erosion and
sedimentation control. If, following commencement of a land -disturbing activity
pursuant to an approved Plan, the Natural Resources staff determines that the
Plan is inadequate to meet the requirements of this Ordinance, the Natural
Resources staff may require any revision of the Plan that is necessary to comply
with this Ordinance. Failure to approve, approve with modifications, or
disapprove a revised Erosion and Sedimentation Control Plan within fifteen (15)
days of receipt shall be deemed approval. The Natural Resources Department
may establish an expiration date for Erosion and Sedimentation Control Plans
approved under this Ordinance.
g. Any Plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environment Policy Act (G.S. 113A-
1, et seq.) shall be deemed incomplete until a complete environmental document
is available for review. The Gaston Natural Resources Department shall
0 -15

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
promptly notify the person submitting the Plan that the thirty (30) day time limit
for review of the Plan pursuant to Section 18(f) of this Ordinance shall not begin
until a complete environmental document is available to review. The person
submitting a Plan to the Natural Resources Department, prior to submission of
the Plan, is,solely and exclusively responsible for determining whether the
proposed land -disturbing activities require any form of state or federal
environmental certification or documentation. The Natural Resources
Department shall condition approval of an Erosion and Sedimentation Control
Plan upon the applicant's compliance with federal and state water quality laws,
regulations and rules; and shall disapprove an Erosion and Sedimentation
Control Plan if implementation of the plan would result in a violation of rules
adopted by the Environmental Management Commission to protect riparian
buffers along surface waters.
h. Any Plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed
to adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this Ordinance. Plan content may
vary to meet the needs of spec site requirements. Detailed guidelines for
Plan preparation may be obtained from the Natural Resources Department
on request.
i. The Gaston County Natural Resources Department may disapprove an Erosion
and Sedimentation Control Plan upon a finding that an applicant, or a parent,
• subsidiary, or other affiliate of the applicant:
1. Is conducting land -disturbing activity without an approved Plan, or has
received notice of violation of a Plan previously approved by the
Commission or a local government pursuant to the Act and has not
complied with the notice within the time specified in the notice;
2. has failed to pay a civil penalty assessed pursuant to the Act or a local
Ordinance adopted pursuant to the Act by the time the payment is due
and is not currently being appealed.
3. has been convicted of a misdemeanor pursuant to G.S. 113A-G4 (b)
or any criminal provision of a local ordinance adopted pursuant to the
Act or;
4, has failed to substantially comply with State rules or local ordinances
and regulations adopted pursuant to the Act. For purposes of this sub-
section (i) an applicant's record may be considered for only the two (2)
years prior to the application date.
5. is in violation of Federal, State, or local laws, rules, regulations or
ordinances pertaining to a different phase of the same tract and/or
development
Applications for amendment of an Erosion and Sedimentation Control Plan in
i -16

Gaston CountyNorth Carolina
Soil Erosion & Sedimentation Control Ordinance
written and/or graphic form may be made at any time under the same conditions
as the original application. Until such time as said amendment is approved by
the Gaston County Natural Resources Department, the land -disturbing activity
shall not proceed except in accordance with the Erosion and Sedimentation
Control Plan as originally approved.
k. Any person engaged in land -disturbing activity who fails to file a Plan in
accordance with this Ordinance, or who conducts a land -disturbing activity
except in accordance with provisions of an approved Plan, shall be deemed in
violation of this Ordinance.
My person engaged in land -disturbing activity who is required by this Ordinance
to file an Erosion and Sedimentation Control Plan shall pay a plan review fee to
the County in an amount to be determined by the Gaston County Board of
Commissioners.
Section 19 €nvironmental Review Board
a. Creation -- There is hereby created in Gaston County, the Environmental
Review Board which is charged with the duties as provided for in this Ordinance.
The Environmental Review Board shall consist of the following members:
1.
One person appointed by a participating municipality as outlined in the
Environmental Review Board's Policies and Procedures,
2.
President of the Gaston County Home Builders Association or his/her
designee,
3.
Chairman of the Gaston County Soil and Water Conservation District or
his/her designee,
4.
Chairman of the Gaston County Quality of Natural Resources
Commission or his/her designee,
5.
A member of the Gaston County Chamber of Commerce or his/her
designee,
6.
One township representative appointed by the Gaston County Board of
Commissioners, and,
7.
A professional engineer registered under the provisions of Chapter 89C
of the General Statutes of North Carolina, appointed by the Gaston
County Board of Commissioners.
b. Appointments -- The Environmental Review Board members appointed by the
Gaston County Board of Commissioners shall serve terms of office of three (3)
years and until their successors are appointed and duly qualified.
C. Fees — The Environmental Review Board shall make fee recommendations to
the Gaston County Board of Commissioners.
d. Other duties and responsibilities -- The Environmental Review Board shall hear
and decide appeals from any decision or determination made by the Gaston
• -17

• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Natural Resources Department in the enforcement of this Ordinance and other
duties as directed by the Gaston County Board of Commissioners.
Section 20 Apolis
a. Except as provided in Section 18 (b) of this Ordinance the appeal of a
disapproval or approval with modifications of a Plan shall be governed by the
following provisions:
The disapproval or modification of any proposed Erosion and
Sedimentation Control Plan by the County Natural Resources
Department shall entitle the person submitting the Plan to a hearing if
such person submits written demand for a hearing within fifteen (15)
days after receipt of written notice of disapproval or modifications.
2. Hearings held pursuant to this section shall be conducted by the Gaston
County Environmental Review Board, within thirty (30) days after the
date of the appeal or request for a hearing.
3. The Environmental Review Board will render its final decision on any
Erosion and Sedimentation Control Plan following completion of the
hearings.
4. If the Environmental Review Board upholds the disapproval or
! modification of a proposed Soil Erosion and Sedimentation Control Plan
following the hearing, the person submitting the Plan shall then be
entitled to appeal the local governments decision to the North Carolina
Sedimentation Control Commission as provided in Section 113A-61 (c)
of the General Statutes and Title 15A NCAC 48.0018 (d).
b. In the event that an Erosion and Sedimentation Control Plan is disapproved
pursuant to Section 18 (i) of this Ordinance, the Gaston County Natural
Resources Department shall notify the Director of Land Resources of such
disapproval within ten (10) days. The Department shall also advise the
applicant and the Director in writing as to the specific reasons the Plan was
disapproved. The applicant may appeal the Department's disapproval of the
Plan pursuant to Section 18(l) of this Ordinance directly to the North Carolina
Sediment Control Commission.
Section 21 Inspections and Investi4atfons
a. Agents, officials, or other qualified persons authorized by Gaston County will
periodically inspect land -disturbing activities to ensure compliance with the Act,
this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance,
and to determine whether the measures required in the Plan are effective in
controlling erosion and sediment resulting from land -disturbing activity. Notice
0 -18

• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Gaston County's Soil Erosion and Sedimentation Control Ordinance.
The Gaston Natural Resources Department shall notify the person who
is assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty. In determining the amount of the penalty the
Natural Resources Department shall consider the degree and extent of
harm caused by the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with this
Ordinance. The notice of assessment shall be served by any means
authorized under Section 21 (c) of this Ordinance, and shall direct the
violator to either pay the assessment or contest the assessment, within
thirty (30) days after receipt of the notice of assessment, by written
demand for a hearing. A hearing on a civil penalty shall be conducted by
the Gaston County Environmental Review Board within thirty (30) days
after the date of the written demand for the hearing. The Environmental
Review Board shall render its final decision on the civil penalty at the
conclusion of the hearing. Appeal from the final decision of the
Environmental Review Board shall be to the Superior Court of Gaston
County where the violation occurred.
3. If payment is not received within thirty (30) days after demand for
payment is made, the Environmental Review Board may institute a cavil
action to recover the amount of the assessment. The civil action may be
brought in the Superior Court of the county where the violation occurred,
or the violator's residence or principal place of business is located.
Such civil actions must be filed within three (3) years of the date the
assessment was due. An assessment that is not contested is due when
the violator is served with a notice of assessment. An assessment that
is contested is due at the conclusion of the administrative and judicial
review of the assessment.
b. Final Certificate of OMancv
With regard to the development of any tract that is subject to this Ordinance, the
Code Enforcement Department shall not issue a Certificate of Occupancy where
any of the following conditions exist:
There is a violation of this Ordinance with respect to the tract.
2. If there remains due and payable to Gaston County civil penalties that
have been levied against the person conducting the land -disturbing
activity for violation(s) of this Ordinance. If a penalty is under appeal,
the Environmental Review Board may require the amount of the fine,
and any other amount that the person would be required to pay under
this Ordinance if the person loses the appeal, be placed in a refundable
account or surety prior to issuing the Certificate of Occupancy.
3. The requirements of the plan have not been completed and the building
0 - 20

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
for which a Certificate of Occupany is requested is the only building then
under construction on the tract.
4. On the tract which includes multiple buildings on a single parcel, the
requirements of the plan have not been completed and the building for
which a Certificate of Occupany is requested is the last building then
under construction on the tract.
5. On a tract which includes multiple parcels created pursuant to the
applicable subdivision regulations, the requirements of the plan have not
been completed with respect to the parcel for which the Certificate of
Occupany is requested.
6. Any person conducting land -disturbing activities that has been denied a
Certificate of Occupancy under the provisions in this Ordinance may
make a written appeal of the decision to the Environmental Review
Board.,
C. Criminal Penalties
Any person who knowingly or willfully violates any provision of this Ordinance, or
rule or order adapted or issued pursuant to this Ordinance, or who willfully
initiates or continues a land -disturbing activity for which an Erosion and
Sedimentation Control Plan is required except in accordance with the terms,
conditions, and provisions of an approved Plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed Five Thousand Dollars
($5,000.00).
d. Stop Work Or
Whenever a building, sign, or structure, or part thereof is being constructed,
reconstructed, altered or repaired in violation of this Ordinance, the Enforcement
Officer may order the work to be immediately stopped. The stop order shall be
in writing and directed to the owner, occupant, or person doing the work. The
stop order shall state the specific work to be stopped, the specific reasons for
the stoppage, and the conditions under which the worm may be resumed. Such
action shall be in accordance with NCGS 160A-421 or 153-361, as applicable, or
the NC Building Code.
Section 23 Intunctive Relief
a. Whenever the Environmental Review Board has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or
order adopted or issued pursuant to this Ordinance, or any term, condition, or
provision of an approved Erosion and Sedimentation Control Plan, it may, either
before or after the institution of any other action or proceeding authorized by this
Ordinance, institute a civil action in the name of the County, for injunctive relief
to restrain the threatened violation. The action will be brought in the Superior
Court of Gaston County.
0 -21

Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
b. Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgement that is necessary to
abate the violation, to ensure that restoration is performed, or to prevent the
threatened violation. The institution of an action for injunctive relief under this
section shall not relieve any party to the proceedings from any civil or criminal
penalty prescribed for violations of this Ordinance.
Section 24 Restoration of Areas Affected by Failure to Comply
The Environmental Review Board may require a person who engaged in a land -
disturbing activity and failed to retain sediment generated by the activity, as required by
G.S.113-A-57 (3), to restore the waters and the land affected by the failure so as to
minimize the detrimental effects of the resulting pollution by sedimentation. This
authority is in addition to any other civil or criminal penalty or injunctive relief authorized
under this Ordinance.
Section 25 § vembiifty
If any section or sections of this Ordinance istare held to be invalid or unenforceable, all
other sections shall nevertheless continue in full force and effect.
Section 26 Effective Date
0 This ordinance shall become effective on the 1 st day of April 2003.
File.Gaston Erosion & Sec9menUrdon Control ordnance Rev.3-13-Z lrrrword
-22

�• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
preparation of the revised Plan, work shall cease or shall continue under
conditions outlined by the appropriate authority.
d. Erosion and Sedimentation Control Plans may be disapproved unless
accompanied by an suthorizzed statement of financial responsibility and
ownership. The person financially responsible for the land -disturbing activity or
his attorney shall sign this statement in fact. The statement shall include the
mailing and street addresses of the principal place of business of the person
financially responsible and of the owner of the land or their registered agents. N
the person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving
notice of compliance or non-compliance with the Plan, the Ad, this Ordinance,
or rules or orders adopted or issued pursuant to this Ordinance.
e. The Gaston Soil and Water Conservation District shall review the Plan and
submit any comments and recommerrdatione to Natural Resources staff within
twenty (20) days after the Gaston Soil and Water District received the Erosion
and Sedimentation Control Plan, or within any shorter period of time as may be
agreed upon by Gaston Soil And Water Conservation District and the Natural
Resources staff. Failure of the Gaston Soil and Water Conservation District to
submit its comments and recommendations within twenty (20) days or within any
agreed upon shorter period of time shall not delay final action on the Plan.
• f. The Natural Resources staff will review each complete Plan submitted to them
and within thirty (30) days of receipt thereof will notify the person submitting the
Plan that it has been approved, approved with modifications, approved with
performance reservations, or disapproved. Failure to approve, approve with
modifications, or disapprove a complete Erosion and Sedimentation Control Plan
within thirty (30) days of receipt shall be deemed approval. Disapproval of a
Plan must specifically state in writing the reasons for disapproval. The Natural
Resources Department must approve with modifications, or disapprove a revised
Plan within fifteen (15) days of receipt, or it is deemed to be approved. The
Natural Resources Department shall only approve a plan upon determining that
it complies with all applicable state and local regulations for erosion and
sedimentation oontrol. N, following commencement of. a land -disturbing activity
pursuant to an approved Plan, the Natural Resources staff determines that the
Plan is inadequate to meet the requirements of this Ordinance, the Natural
Resources staff` may require any revision of the Plan that is necessary to comply
with this Ordinance. Failure to approve, approve with modifications, or
disapprove a revised Erosion and Sedimentation Control Plan within fifteen (15)
days of receipt shalt be deemed approval. The Natural Resources Departrrrent
may establish an expiration date for Erosion and Sedimentation Control Plans
approved under this Ordinance.
•
g. Any Plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environment Policy Act (G.S. 113A-
1, of serf.) shall be deemed incomplete until a complete environmental document
is available for review. The Gaston Natural Resources Department shall
-15

C

• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
pronrgsity notify the person submitting the Plan that the thirty (30) day time limit
for review of the Plan pursuant to Section 18(f) of this Ordinance shall not begin
until a complete environmental document Is available to review. The person
submitting a Plan to the Natural Resources Department, prior to submission of
the Plan, is solely and exclusively responsible for determining whether the
proposed land -disturbing activities require any form of state or federal
environmental certification or documentation. The Natural Resources
Department shall condition approval of an Erosion and Sedimentation Control
Plan upon the applicant's compliance with federal and state water quality laws,
regulations and niles; and shall disapprove an Erosion and Sedimentation
Control Plan if implementation of the plan would result in a violation of rules
adopted by the Envlron> al Nlanagerment Commission to protect riparian
troffers along surface waters.
h. Any Plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed
to adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this Ordinance. Plan content may
vary to meet the needs of specific site requirements. Detailed guidelines for
Plan preparation may be obtained from the Natural Resources DeparWwa
on request.
I. The Gaston County Natural Resources Department may disapprove an Erosion
• and Sedimentation Control Plan upon a finding that an appticaM or a parent,
subsidiary, or other affiliate of the applicant:
•
1. is conducting lan"istutrbing activity without an approved Plan, or has
received notice of violation of a Plan previously approved by the
Commission or a local govemm%r t pursuant to the Act and has not
compiled with the notice within the time specified in the notice;
2. has failed to pay a civil penalty assessed pursuant to the Act or a local
Ordinance adapted pursuant to the Act by the time the payment is due
and is not curwrtty being appealed.
3. has been corMcted of a misdemeanor pursuant to G.S. 113A-G4 (b)
or any criminal provision of a local ordinance adopted pursuant to the
Act or,
4. has failed to substantially comply with State rules or local ordinances
and regulations adopted pursuant to the Act. For purposes of this sub-
section (I) an applicant's record may be considered for only the two (2)
years prior to the -application date.
5. is in violation of Federal, State, or local laws, rules, regulations or
ordinances pertaining to a different phase of the same tract and/or
development
j. Applications for amendment of an Erosion and Sedimentation Control Plan in
-16

01

Gaston County, North Carolina
Soil Erosion R Sedirnetation Control Ordinance
written and/or graphic form may be made at any time under the same conditions
as the original application. Until such time as said armendment is approved by
the Gaston County Natural Resources DeparbTwnt, the land -disturbing activity
shall not proceed except in accordance with the Erosion and Sedimentation
Control Plan as originally approved.
k. Any person engaged In land -disturbing activity who fails to file a Plan in
accordance with this Ordinance, or who conducts a land -disturbing activity
except in accordance with provisions of an approved Plan, shall be deemed in
violation of this Ordinance.
Any person engaged in land -disturbing activity who Is required by this Ordinance
to file an Erosion and Sedimentation Control Plan shall pay a plan review fee to
the County in an amount to be determined by the Gaston County Board of
Commissioners.
a. Cmation — There is hereby created In Gaston County, the Environmental
Review Board which is charged with the duties as provided for in this Ordinance.
The Environmw tal Review Board shall consist of the following members:
• 1.
One person appointed by a participating municipality as outlined in the
Environmental Reviews Board's Policies and Procedures,
2.
President of the Gaston County Home Builders Association or hiafier
designee,
3.
Chairman of the Gaston County Soil and Water Conservation District or
his/her designee,
4.
Chairman -of the Gaston County Quality of Natural Resources
Commission or his/her designee,
S.
A member of the Gaston County Chamber of Commerce or his/her
designee,
6.
One township representative appointed by the Gaston County Board of
Commissloners, and,
7.
A professional engineer registered under the provisions of Chapter 89C
of the General Statutes of North Carolina, appointed by the Gaston
County Board of Commissioners.
•
b. Appointments — The Envimnmental Review Board members appointed by the
Gaston County Board of Commissioners shall serve terms of office of three (3)
years and vntii their successors are appointed and duly qualified_
C. Fees — The Environmental Review Board shall make fee recommendations to
the Gaston County Board of Commissioners.
d. Other duties and responsibilities — The Environmental Review Board shall hear
and decide appeals from any decision or determination made by the Gaston
-17

• Gaston Coemty, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Natural Resources Department in the enforcement of this Ordinance and other
duties as directed by the Gaston County Board of Commissioners.
Section 20 ARRMNS
a. Except as provided in Section 18 (b) of this ordinance the appeal of a
disapproval or approval with modifications of a Plan shall be governed by the
following provisions:
1. The disapproval or modification of any proposed Erosion and
Sedimentation Control Plan by the County Natural Resources
Department shall entitle the person submitting the Plan to a hearing if
such person submits written demand for a hearing within fifteen (IS)
days after receipt of written notice of disapproval or modifications.
2. Hearings held pursuant to this section shall be conducted by the Gaston
County Environmentat Review Board, within thirty (30) days offer the
date of the appeal or request for a hearing.
3. The Environmental Review Board will render its final decision on any
Erosion and Sedimentation Control Plan following completion of the
hearings.
. 4. If the Environmental Review Board upholds the disapproval or
modification of a proposed Soil Erosion and Sedimentation Control Plan
folkWng the hearing, the person submitting the Plan shall then be
entitled to appeal the local governments decision to the North Carolina
Sedimentation Control Commission as provided in Section 113A Bi (c)
of the General Statutes and Title ISA NCAC 48.0018 (d).
•
b. In the event.that an Erasion and Sedimentation Cortrol Plan is disapproved
pursuant to Section 18 (i) of this Ordinance, the Gaston County Natural
Resources Department shall. notify the Director of Land Resources of such
disapproval within ten (10) days. The Department shall also advise the
applicant and to Director In writing as to the specific reasons the Plan was
disapproved. The applicant may appeal the Department's disapproval of the
Plan pursuant to -Section 18(i) of this Ordinance directly to the North Carolina
Sediment Control Commission.
a. Agents, officials, or other qualified persons authorized by Gaston County will
periodically inspect land -disturbing activities to ensure compliance with the Ad,
this ordinance, or rules or orders adopted or issued pursuant to this ordinance,
and to determine whether the measures required in the Plan are effective in
controlling erosion and sediment resulting from land -disturbing activity. Notice
-18

' • Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
of the right to inspect shall be included in the Certificate of Approval of each
Erosion and Sedimentation Control Plan. A list of authorized agents and
officials shall be provided or listed at the Natural Resources Department.
r 1
U
b. No person shall willfully resist, delay, or obsbixt an authorized representative,
employee, or agent of the County while that person is inspecting or attempting
to inspect a land -disturbing acttVdy under this section.
a lf, i# is determined that a person engaged in land -disturbing activity has failed to
comply mply with the Act, this Ordinance, or rules, or orders adopted or issued
pursuant to this Ordinance, a notice of violation shall immediately be served
upon that persorm. The notice may be served by any means under GS 1A-1,
Rule 4. The notice shall specify a date by which the person must comply with
the Act, this Ordinance, or rules, or orders adopted pursuant to this ordinance,
and inform the person of the actions that need to be taken to comply with the
Act, this Ordinance, or rules or orders adopted purm;ant to this Ordir►eux e. Any
person who falls to comply in the time specifred is subject to additional civil and
criminal penalties for a continuing violation as provided in this Ordinance.
d. The Gaston County Natural Resources Department shall have the power to
conduct such investigation as it may reasonably deem necessary to carry out its
duties as prescribed in this Ordinance, and for this purpose to enter at
reasonable times upon arty property, public or private, for the purpose of
investigating and inspecting the sites of army land -disturbing activity.
e. The Gaston County Natural Resources Department shall also have the power to
require written statements, or the filing of reports under oath, with respell to
pertinent questions relating to land -disturbing activity.
Section 22 jOiMss
a. Civil Pgfmaltias
Any person who violates any of the provisions of the Act, this Ordinance,
or rules or orders adopted or issued pursuant to this Ordinance, or who
initiates or continues a land -disturbing activity for which an Erosion and
Sedimentation Control Plan is required, except in accordance with the
terms, conditions, and provisions of an approved Plan, is subjed to a
civil perm lty. The maximum civil penalty for a violation is five thousand
dollars ($6,000.00). The maxirrmurn civil penalty -for a violation of a stop -
work order is five thousand dollars ($5,000.00). A civil penalty may be
assessed from the date of the violation. Each day of continuing violation
shall constitute a separate violation.
2. The Gaston County Natural Resources Department shall determine the
amount of the civil penalty to be assessed under this subsection as set
forth in the Guidelines for Assessing Civil Penalties for Violations of
-19

El
•
01

•Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
Gaston County's Soil Erosion and Sedimentation Control Ordinance.
The Gaston Natural Resources Department shall notify the person who
is assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty. In determining the amount of the penalty the
Natural Resources Department shall consider the degree and extent of
harm caused by the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with this
Ordinance. The notice of assessment shall be served by any means
authorized under Section 21 (c) of this Ordinance, and shall direct the
violator to either pay the assessment or contest the assessment, within
thirty (30) days after receipt of the notice of assessment, by written
demand for a hearing. A hearing on a civil penalty shall be conducted by
the Gaston County Environmental Review Board within thirty (30) days
after the date of the written demand for the hearing. The Environmental
Review Board shall render its final decision on the civil penalty at the
conclusion of the hearing. Appeal from the final decision of the
Environmental Review Board shall be to the Superior Court of Gaston
County where the violation occurred.
3. If payment is not received within thirty (30) days after demand for
payment Is made, the En ironmental Review Board may Institute a civil
action to recover the amount of the assessment The civil action may be
• brought in the Superior Court of the county where the violation occurred,
or the violator's residence or principal place of business is looted.
Such civil aeons must be filed within three (3) years of the date the
assessment was due. An assessment that is not contested is due when
the violator is served with a notice of assessment. An assessment that
Is contested is due at the conclusion of the administrative and judicial
review of the assessment.
•
With regard to the development of any tract that is subject to this Ordinance, the
Code Enforcement Department shall not issue a Certificate of Occupancy where
any of the following conditions exist:
There is a violation of this Ordinance with respect to the tract.
2. If there remains due and payable to Gaston County civil penalties that
have been levied against the person conducting the land -disturbing
activity for violations) of this Ordinance. If a penalty is under appeal,
the Environmental Review Board may require the amount of the fine,
and any other amount that the person would be required to pay under
this Ordinance if the person loses the appeal, be placed in a refundable
account or surety prior to issuing the Certificate of Occupancy.
3. The requirements of the plan have not been completed and the building
- 2Q

�• Gaston County, North Carolina
Soil Erosion & Sedimentation Control Ordinance
far which a Certificate of Occupany is requested is the only building then
under construction on the tract.
4. On the tract which includes multiple buildings on a single parcel, the
requirements of the plan have not been completed and the building for
which a Certificate of Occupany is requested is the last building then
under construction on the tract.
5. On a tract which includes multiple parcels created pursuant to the
applicable subdivision regulations, the requirements of the plan have not
been completed with respect to the parcel for which the Certificate of
Occupany is requested.
6. Any pennon conducting land -disturbing activities that has been denied a
Certificate of Occupancy under the provisions in this Ordinance may
make a written appeal of the decision to the Environmental Review
Board.
Any person who knowingly or willfully violates any provision of this Ordinance, or
rule or order adopted or issued pursuant to this Ordinance, or who wilifully
initiates or continues a land -disturbing activity for which an Erosion and
Sedimentation Control Plan is required except in accordance with the terms,
conditions, and provisions of an approved Plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed Five Thousand Dollars
($5,000.00).
Whenever a building, sign, or structure, or part thereof is being constructed,
reoonstructed, altered or repaired in violation of this Ordinance, the Enforcement
Officer may order the work to be immediately stopped. The stop order shall be
In writing and directed to the owner, occupant, or person doing the work. The
stop order shall state the specific work to be stopped, the specific reasons for
the stoppage, and the conditions under which the work may be resumed. Such
action shall be in accordance with NCGS 16OA -421 or 153381, as applicable, or
the NC Building Code.
Section 23 Miurlo a Regal
a. Whenever the Environmental Review Board has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or
order adopted or issued pursuant to this Ordinance, or any term, condition, or
provision of an approved Erosion and Sedimentation Control Plan, it may, either
before or after the institution of any other action or proceeding authorized by this
Ordnance, institute a civil action in the name of the County, for injunctive relief
to restrain the threatened violation. The action will be brought in the Superior
Court of Gaston County.
0 -21

•
Cl
si

Gaston County, North Caroline
Soil Eros€on & Sedimentation Control Ordinance
b. Upon determination by a court that an alleged vioMon is occurring or is
threatened, the court "I enter any order or Wgenvxt that is necessary to
abate the violation, to ensure that restoration is pertained, or to prevent the
threatener! violation. The institution of an action for injunctive relief under this
section shall not relieve any party to the proceedings from any civil or criminal
penalty prescnINW for violations of this Ordinance.
The Environmental Review Board may require a person who engaged in a land -
disturbing activity and failed to retain sediment generated by the acti ft, as required by
G.S.113 /4-57 (3), to restore the waters and the land affected by the failure so as to
minimize the detrimental effects of the resulting pollution by sedimentation. This
autt►ority is in addition to any other civil or criminal penalty or Injunctive relief authorized
under this Ordinance.
If arty section or sections of this Ordinance Ware held to be invalid or unenforceable, le, all
other sections shall nevertheless continue in full force and effect.
Section 26 gffRsm Baia
. This ordinance shall become effective on the 1 st day of April 2003.
F%Aadan Enos m & Sin Ca *d Ordrmnm Rev.3.13 2W&,.Pm

C7
Organization Chart

0
m
1

•
TOWN OF STANLEY — CONTACT LIST
Ed Humphries — Town Manager
Town of Stanley
P.O. Box 279
114 S. Main Street
Stanley, N. C. 28164
Telephone # - 704 -- 263-4779 — Town Hall
Fax # - 704 — 263-9699
Telephone # [phone] - Home
E-Mail Address: edhumphries _ carolina.rr.corn
Judith D. Johnson
Town of Stanley
P.O. Box 279
114 S. Main Street
Stanley, N. C. 28164
• Telephone # - 704 263-2911 Business
Telephone # - 704 263-4779 — Town Hail
E-Mail Address: mdins a,carolina.rr.corn
0

S,�ate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley Governor
William G. Floss, Jr,, Secretary
Kerr T. Stevens, Director
1%r1r. Gar}' Parker
Town Manager
114 S. Main Street
Stanley, North Carolina 28164
Dear NIr. Parker:
NEV �p�,��1 J
TM EFFeC J ON
HUG I ZOO
July 13, 2001
NCDENR
6- ��3,Lo
Subject: Issuance of NPDES Permit NCO020036
Stanley WWTP
Gaston County
Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are
forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency
dated May 9, 1994 (or as subsequently amended).
IF any parts, measurement Frequencies or samphng requirements contained in this permit are unacceptable to you, you
have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request
.must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is
made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legs€ requirements to obtain other
permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
During the public comment period the Division received several comments to the draft NPDES permit. Enclosed is a
copy of a letter, sent to the Lake Wylie Cove Keepers, meant to address the comments received concerning the Town ofStanley's
NPDES permit. If you have any questions concerning this permit, please contact Nlichael Myers at telephone number (919) 733-
5083, extension 508.
Sincerely, L
rr T. Stevens
cc: Nfooresville Regional Office/Water Quality Secuon
Point Sotuce Compliance Enforcement Unit
Technical Assistance & Certification Unit
Aquatic Toxicology Unit
Central Files
NPDES Files
• Donna Lisenby / Catawba R1VERKEEPER8
Jeff Lowe / Lake Wybe Cove Keepers
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE [phone]/FAX [phone]
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 500/6 RECYCLED/ 100% POST -CONSUMER PAPER
VISrr US ON THE INTERNET @ http://h2o.enr.state.nc.tis/NPOES

Town of Stanley \V%VTP
Permit NC0020036
•
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERIvIlT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water
Pollution Control Act, as amended, the
Town of Stanley
• is hereby authorized to discharge wastewater from a facility located at the
Stanley WWTP
1.09 Lola Street
Stanley
Gaston County
to receiving waters designated as Mauney Creek in the Catawba River Basin in accordance with effluent limitations,
monitoring requirements, and other conditions set forth in Parts 1, II, III and fV hereof.
This permit shall become effective August 1, 2001.
This permit and authorization to discharge shall expire at midnight on July 31, 2005.
Signed this dayjuly 13, 2001.
I' rr T. Stevens, Director
• Division of Water Quality
By Authority of the Environmental Management Commission

Town of Sraniey %V1`[TP
Permit NCO020036
SUPPLEMENT ENT TO PE.I LAIIT COVER SHEET
The Town of Stanley is hereby authorized to:
1. ContiMIC operation of a 0.5 MGD wastewater treatment system consisting of the following
treatment components:
• Bar screen
• Two mechanical aeration basins
• Two secondary clarifiers
• Chlorine Contact basin
• Aerated sludge storage basin
• Aerobic sludge digester
The facility is located off Lola Street in Stanley at the Stanley WINTP in Gaston County.
2. After receiving an Authorization to Construct from the Division of Water Quality expand the
• capacity of the treatment plant to 1.0 NIGD.
3. Discharge treated wastewater from said treatment works at the location specified on the attached
I. map through outfall 001 into 'Mauney Creek, classified WS-IV waters in the Catawba River Basin.
0

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Latitude: 35 ' 2 1 ' 46" Sub -Basin; 03--08-35
,
� Location
Longitude: 8 1 ' 07' 00" ­ ...'.. .. I
Quad #: F 14 SE (Mount Holly) . .
Stream Class: WS-IV Town of stan[ey
Rvcriving Stream: Mauncy Creek . NCO020036
j,E1_rmiEEed Flow: 0.5 MGD and I .0 MGD no r 174 1 Gaston County - .-
-

Town of Stanley %V%VTP
Permit NCO020036
0
A. ('I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.5 MGD)
During the period beginning on the effective date of the permit and lasting until expansion beyond 0.5 1VIGD or
expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
Effluent Characteristics
Limits
Monitoring, Requirements
Monthly
Average
1 Weekly
Average
Daily
Average
Measurement
Frequency
Sample
Type
Sample Locdtlonl-
Flow
0.5 MGD
Continuous
Recordinq
Influent or Effluent
BOD, 5-day, 20°C2
30.0 mg/L
45,0 m IL
Weekly
Composite
Influent & Effiuent
Total Suspended Residue2
30.0 m /L
45.0 m L
Weekly
Composite
Influent & Effluent
NH3-N (Summer3)
2.0 mg/L
Weekly
Com osite
Effluent
NH3-N(Winter')
4.0 mg1L
Weekly
Composite
Effluent
Oil and Grease
30.0 m /L
60,0 m /L
Weekly__Grab
Effluent
Fecal Coliform
2001100m1
400/ 100m1
Weekly
Grab
Effluent
Dissolved Oxygen
6.0 m /L
Weekly
Grab
Effluent
Temperature
Weekly
Grab
Effluent
H4
Weekly
Grab
Effluent
Total Residual Chlorine
2/Week
Grab
Effluent
Chromium
Monthly
Composite
Effluent
Copper
Monthly
Composite
Effluent
Lead
Monthl
Composite
Effluent
Zinc
Monthly
Cam os4e
Effluent
Total Nitrogen
(NO2-N + NO3-N + TKN)
No Effluent Limit
Quarterly
Composite
Effluent
Total Phosphorus
No Effluent Limit
Quarterly
Composite
Effluent
Chronic Toxici 5
Quarterly
Composite
Effluent
Dissolved Oxygen
Weekly
Grab
U, D
Fecal Coliform
Weekly
Grab
U, D
Temperature
Weekly
Grab
U, D
Conductivity
Weekly
Grab
U, D
Footnotes:
1. U = Upstream at least 50 feet from the outfall. D = Downstream at NCSR 1827.
2. The monthly average effluent BOD; and Total Suspended Residue concentrations shall not exceed 15% of the respective
influent value (i.e. 85% Removal),
3. Summer is defined as April 1 through October 31. Winter is defined as November 1 through March 31.
4. The pH of the effluent shall not he less than 6.0 nor greater than 9.0 (on the standard unirs scale).
5. Chronic Toxicity (Ceriodaphnia) at 65.4%: January, April, July and October (see Part I. A. (3.)).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Definitions:
MGD — NI -Lon gallons per day
BOD -- Biochemical Oxygen Demand
ml — Nlilliliter
mg/L — Milligram per liter
pg/L — N[icrograms per liter

Town of Sranley %VWTP
Permit NC0020036
L_J
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (1.0 1VIGD)
During the period beginning upon expansion beyond 0.5 NIGD and lasting until espirauon, the Permittee is
authorized to discharge rreared wastewater from outfad 001. Such discharges shall be Limited and monitored by the
Permittee as specified below,
Effluent Characteristics
Limits
Monitoring Requirements' -
Monthly
Average
Weekly -
Average
Daily
Average
Measurement
Frequency
Sample
Type
Sample Locatitin1
Flow
1.0 MGD
Continuous
Recording
Influent or Effluent
800, 5-day, 200C (summer)2,3
14.0 m /L
21.0 m /L
3/Week
Composite
Influent & Effluent
BOD, 5-day, 200C (Winter)2�1
28.0 m L
42.0 mg/L
3/Week
Composite
Influent & Effluent
Total Suspended Residue'
30.0 m /L
45.0 m IL
3/Week
Composite
Influent & Effluent
NH3-N Summer3
1.2 m /L
3/Week
Composite
Effluent
NH3-N Winter3)
2.5 m L
3/Week
composite
Effluent
Oil and Grease
30.0 m /L
60.0 mq1L
3/Week
Grab
Effluent
Fecal Coliform
2001100ml
400/ 100m1
3Meek
Grab
Effluent
Total Residual Chlorine
22.0 u /L
Week
Grab
Effluent
Dissolved Oxygen
6.0 m L
3/Week
Grab
Effluent
Temperature
3/Week
Grab
Effluent
Hd
3/Week
Grab
Effluent
Chromium
2/Month
Composite
Effluent
Copper
2/Month
Composite
Effluent
Lead
2/Month
Composite
Effluent
Zinc
2/Month
Composite
Effluent
Total Nitrogen
(NO2-N + NOa-N + TKN)
No Effluent Limit
Monthly
Composite
Effluent
Total Phosphorus
No Effluent Limit
Monthly
Composite
Effluent
Chronic ToxiCjty5
Quarterly
Composite
Effluent
Dissolved Oxygen6
Week
Grab
U, D
Fecal Coliform6
3Meek
Grab
U, D
Tem erature6
Week
Grab
U, D
Conductivi 6
3/Week
Grab
U, D
Foster
I. U = Upstream at least 50 Feet from the outfall. D = Downstream at NCSR 1827.
2. The monthly average cEfluent BOD5 and Total Suspended Residue concentrations shalt not exceed 15°/o of the respective
influent value (i.e. 85% Removal).
3. Summer is defined as April 1 through October 31. Winter is defined as November 1 through March 31.
4. The pH of the effluent sha31 not be less than 6.0 nor greater than 9.0 (on the standard units scale).
5. Chronic Toxicity (Ceriodaphnia) at 79%: January, April, July and October (see Part I. A. (4.)).
6. Upstream and downstream monitoring shall be conducted 3/week during June, July, August, and September, and once per
week the remaining months of the calendar year.
There sha41 be no discharge of floating solids or visible foam in other than trace amounts.
40 Definitions:
MGD — NdWon gallons per dar mg/L — tti'liltigram per liter
BOD — Biochemical Oxygen Demand Ag/L — t icrograms per liter
mi — Nfilliliter

Town of Stanley W\VTP
Permit NCO020036
A. (3.) QUARTERLY CHROMIC TOXICITY PERMIT LIMIT (0.5 MGD)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortafiry to
Cmodaoh„ia dubia at an effluent concentration of 65.4%.
The permit holder shall perform ac a minimum, Frarterl monitoring using test procedures outlined in the "North
Carolina Ce,iodaphxia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed rlcrrrngo the months of January, April, July, October. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below ail treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shalt be performed at a minimum, in each of the two following months as
described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase 11 Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered pn the Effluent Discharge
Monitoring Form �vlR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
toAttention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is requited, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shag be submitted to the Environmental Sciences Branch at the address cited
above.
Should the permittee fail to monitor during a month in which toxiciry monitoring is required, monitoring wit] be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to inclu&
alternate monitoring requirements or limits.
TE: failure to achieve test conditions as specified in the tired document, such as minimum control orgarusm
iva], minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid
test and will require immediate follow-up testing to be completed no later than the last day of the month Following the
month of the initial monitoring.

Town of Stanley W%VTP
Permit NC0020036
A. (4.) QUARTERLY CHRONIC TOXICITY PERMIT LIMIT (3.0 MGD)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or signiFicanc mortality to
Ceriodrph„ia thibiu at an effluent concentration of 79%.
The permit holder shall perform at a minimum, quaavil monitoring using test procedures outlined in the "North
Carolina Ceriodaplinia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent
versions. The tests will be performed dirrrng the months of)anuary, April, July, October. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,
then multiple -concentration testing shall be performed at a minimum, in each of the two following months as
described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or
subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
1Vlonitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include ail supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required; the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility
name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include
alternate monitoring requirements or limits.
NOTE. Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid
test and will require immediate follow-up testing to be completed no later than the last day of the month following the.
month of the initial monitoring.

Part 11
Page 3 of 11
8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between
samples determined by a preset number of gallons passing the sampling point. Flow measurement
between sample intervals shall be determined by use of a flow recorder and totalizer, and the present
gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
(3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no greater than
once per hour, and the time interval between effluent grab samples shall be no greater than once per hour
except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases,
effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are
equal in number of hours to the detention time of the system in number of days. However, in no case
may the time interval between effluent grab samples be greater than six (6) hours nor the number of
samples less than four (4) during a 24-hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually. Grab samples must be representative of the discharge or the
receiving waters.
9. Calculation of gleans
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided
by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual
isvalues where N is equal to the number of individual values. The geometric mean is equivalent to the analog
of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric
mean, values of zero (0) shall be considered to be one 0).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its
respective flow divided by the summation of the respective flows.
10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day
may be used for sampling.
11. Hazardous Su stance: A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean
Water Act.
SECTION B. GENERAL CONDITIONS
1. Dury to Comoly
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal appLication.
a. The permitree shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.

PAR II
STANDARD CONDITIONS FOR NPDES PERIMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authorin: The Director of the Division of Water Quality,.
2. DELI or "the Division" deans the Division of Warer Quality, Department of Environment and Natural
Resources,
3. E?,[C used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act" Tlie Federal NYlater Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during a calendar month on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by
adding the weights of the pollutant found each day of the month and then dividing this sum by the number
of days the tests were reported, The limitation is identified as "Monthly Average" in Part I Of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided
by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic
mean Found by adding the weights of pollutants found each day of the week and then dividing this sum by
the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the
permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If
only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum.
daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar year on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding
the weights of pollutants found each day of the year and then dividing this sum by the number of days the
tests were reported. This limitation is defined as "Annual Average" in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations
of all daily discharges sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured during such
month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation
is identified as "Monthly Average" under "Other Limits" in Part I of the permit_

Part II
Page 4of11
1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty
not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition
is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than
1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 }rears, or both. Also, any person
who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per
violation with the maximum amount nor to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.
1319 and 40 CFR 122.41 (a)]
Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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 admir> straave penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class I1 violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000.
2. Duty to IbGtigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
3. Civil and Criminal Liabilinr
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, G-7),
nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties
For noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
er PLo4_n� Ri is
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Feceral, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severabib
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.

r 4lu lx
Wage 7 of 11
•
4. b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur- which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Faragraphs c, and d. of this section.
c. No rice
0) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quahcy and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11,
E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee
for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
M(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph
d. (1) of this section.
5. Upsets
a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph c. of this condition
are met. No determination made during administratiWe review of claims that noncompliance was caused by
upset, and before an action for noncompliance, is Final administrative action subject to }udiciai review.
C. Conditions necessan, for a demonstration of upset: A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit.
d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.

Part iI
Page i l of 11
• 6. b. The following shill be included as information which must be reported within 24 hours under this paragraph:
(1) Any unanticipated bypass Which exceeds any effluent iirrtitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge Limitation for any of the pollutants listed by the Director in the
permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of
this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6, of this permit at
the time monitoring reports are submitted_ The reports shall contain the information listed in Part 11. E. 6. of
this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the nest working day following the
occurrence or First knowledge of the occurrence of any of the Following:
40 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer Gne, or treatment facility resulting in a by-pass directly to receiving
waters without treatment of ail or any portion of the influent to such station or Facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days
following first knowledge of the occurrence,
10. 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 shall be available for public inspection at the offices
of the Division of Water Quality. As required by the Act, effluent 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 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. 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.
0

Part 1I
Page 8 of 11
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The permitree
shall comply with all e,,isting federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503.
The permiuee shaU comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage
Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to
incorporate the requirement. The permittee shall notif , the Permit Issuing Authority of any significant change in
its sludge use or disposal practices.
Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A,
North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or
inadequately treated wastes during electrical power failures either by means of alternate power sources, standby
generators or retention of inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at
the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DNIR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by
the Director, DEM, postmarked no later than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR /Division of Water Quality / Water Quality Section
ATTENTION: Central. Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow flea urements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shail be installed, calibrated and maintained to ensure that the accuracy of the measurements are
consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring
flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected
discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump
hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be
subject to rl-iis requirement.

PART III
OTHER REQUIREMENTS
•
A. Requirements For Contmi cif 1'11Ilutants Attribute to Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants atttibutablc to inputs From industries using
the municipal system max be present in the permittee's discharge. At such time as sufficient informatiun becomes
available to establish limitations fur such pollutants, this permit may be revised to spcciFy eftlucnt limitations For any
or all oFsuch othcr pollutants in accordance with best practicable technology or water qualin- standards.
2. Under no circumstances shall the permittee allow introduction of the following wastes in the waste treatment
system:
a. Pollutants which crcare a sire or cxplosion hazard in the POT%V, including, but not limited to, wastesrreams with a
closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the rest methods speciEed
in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the Flow in the POTW resulting in
Interference;
d. Any pollutant, including os},gen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or
pollutant concentration which will cause Interference with the POTW;
C. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in
such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon
request of the POTW, approves alternate temperature limirs;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference
or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the P07%V in a quantity that may
cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the
permittee with ad applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all
of the industries discharging to the municipal system.
4. The permittee shall require any industrial discharges into the permitted system to meet Federal Pretreatment Standards
promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial
user, the permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A
NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A. NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as
required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the
approved Stare pretreatment program, as appropriate.
B. '�etreatment Pmgzam Requirements
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part
403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit.
Part III Page 1 of 4

PART Ill
OTHER REQUIR.ENIIvTS
• ti 51 L SC IF llunituring end ReporUnug
'I he pcnmittec shot I require aii industrial users to compl} with tlhc applicable monitoring and reporting requirements
+;udined in the Division approved pretreatment program, the industn_'s pretreatment permit, or in 15A NCAC 2H
.119i1g,
9. Enforcement Response Plan (ERP)
The permirtee shall enforce and obtain appropriate remedies for vioiations of ail pretreatment standards promulgated
pursuanr to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et.seq.), prohibitive discharge standards as set
Forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be
consistent with the Enforcement Response Plan (ERP) approved by the Division.
ItJ. Pretreatment Annual Reports (PAR)
The permiuee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual
reports, Modified Pretreatment Progzams developed under 15A NCAC 2H .0904 (b) may be required to meet with
Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment
implementation issues.
For all other active pretreatment programs, the perrnittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
RALEIGH, NC 27699-1617
0 These reports shall be submitted according to a schedule established by the Director and shall contain the following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken For all Significant Industrial Users (SIUs)
in Significant Non -Compliance (SNC);
b.) Pretreatment P am 5ummary C2PS)
A pretreatment program summary (PPS) on specific Forms approved by the Division;
c.) Significant Non-ComplianceReport (SINCE)
The nature of the violations and the actions taken or proposed to correct the violations on specific
forms approved by the Division;
d.) Industrial Q,3;a Summate Forms I,IDSFI
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU).
These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific
format approved by the Division;
e.) Other InFormaIjgQ
Copies of the POT"W's allocation table, new or modified enforcement compliance schedules, public
notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
1 I . Public Noticc
The permirtee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-
Comphance (SNC) as defined in the permittee's Division approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four months
of the applicable twelve-month period.
12. Record Keeping
The permirtee shall retain For a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the POTW.
Parr Ill Page 3 of 4

L_J
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee
within 30 (thirty) days after being billed by the Division. Failure to pay the fee in
a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the permit.
9
0

NOTICE OF HEARING ON SUBMISSION OF THE NPDES STORM
.
WATER PHASE 11 PERMIT
Notice is hereby given that the following public hearing will be held at 114 S. Main
Street, Stanley, N. C. 28164 (Town Hall) Monday, February 2, 2004 at 6:00 P.M. before
the Stanley Town Council on the following items:
NPDES Storm Water Phase II Permit. Under the direction of the EPA and the State of
North Carolina the Town of Stanley will be submitting a permit for compliance with the
NPDES Storm Water Phase lI regulations. These regulations will affect development and
redevelopment activities within the Town of Stan ley's Jurisdiction.
Text and maps showing the proposed wording and jurisdiction affected by the permit arc
on file and available for viewing between the hours of 8:00 a.m. and 5:00 p.m. Monday
through Friday in the office of the Town of Stanley at 114 S. Main Street.
Furthermore all persons having interest in the Town of Stanley North Carolina, and its
perimeter, are therefore, urged to be present at these hearings. For further information call
704 263-4779. Any individual requiring special accommodations should contact the
Town before the meeting.
E
•

nvorlCE;ioP', PUBLSt
FEARING ON-.SUBMIS
�SION. 0173;,THE NPDEt
STCRM*ktER'>PHASE I
PERMIT --'I * .
AFFIDAVIT OF INSERTION OF ADVERTISE
The Gaston Gazette
Gastonia, NC
Gaston County
JQN z 8 2004
1, Linda Seiboth Legal Advertising Manager of the The Gaston Gazette, do certify that
the advertisement of
NOTICE OF PUBLIC HEARING
STORM WATER PHASE H PERMIT
Measuring. 5.82 Inches appeared in The Gaston Gazette, a newspaper published in
Gaston County, Gastonia, NC, in issues
JANUARY 14, 2004
JANUARY 21, 2004
Linda Seiboth
Legal Advertising Manager
Sworn to and subscribed before me this day , 2004
Carla Norris Potter, Notary Public
My Commission Expires September 14, 2008
0
aollowing public hearin(
�be'h'e1d'at"114 S. Mail
3et;;"Staley, . N. C
,64 (T6yuii` Hall)_ Mon
,;February; 2,- 2004 a
) P.M:'before the Stan.
-t&Wn Council on She
�wlrig`items:,,
)ES SStorm.Water Pria-
I'Per_mit', Under the di -
on o! the EPA and the
eof'Noith:Carolina the
nk:of,"Stanley will be
tlI1tln�,;'a",.permit for
pliarice`;,tiwith the
)ES -'Storm Water Pha-
II;`6'regutations: These
lations'-`will;;aHect de-
irmenta and,; redevelop-
t.ectivtlies'within the

MAYOR i
Judith D. Johnson
COUNCIL
Jud). M. s4•uupe
John F. Fisha
John L. Adams Jr.
Drank M. Cuida
Dwdcl K. Hawlcy
Town of (Stanley
Established November 14, 1855
TOWN MANAGER
"A Friendly Place"
Ed. Humphries
�OF srt y
POLICE CHIEF
!
Heath R. Jenkins
t ,
FIRE CHIEF
M. Anthony Ballard
g®��
AGENDA
STANLEY TOWN COUNCIL
REGULAR MEETING
MONDAY, FEBRUARY 2, 2004 - 6:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
L VOTE TO APPROVE THE AGENDA:
A. Mayor to call for additions or deletions to the agenda and call for a vote on
either — then the vote for agenda approval with changes.
111. APPROVAL OF MINUTES: January 5, 2004 and January 8, 2004.
III. CITIZEN COMMENTS AND/OR SPECIAL PRESENTATIONS:
A. Charles Moore — concerning nuisance violation.
IV. PUBLIC HEARING:
B. Storm Water Permit — Ed Humphries and Steve Miller
V. OLD BUSINESS:
A. Adopt Resolution Making Certain Statements of Fact Concerning
Proposed Bond Issue -- Ed Humphries
B. Introduction of the Bond Order — Ed Humphries
C. Resolution calling for a Public Hearing on the Bond Order for March
March 1, 2004.
D. Consideration of adopting the amendments to the Gaston County Solid
Waste Ordinance — Ed Humphries.
P.O. BOX 279 • 114 S. MAIN ST. • STANLEY, N.C. 28164 • 704-263-4779 • FAX [phone]

j
Page 2
Stanley own Council
Agenda 212104
E. Discussion of bids for a sound system in the Council Chambers — Ed
Humprhies.
F. Review prices for backup generator at the Police Department— Ed
Humprhies.
VI. NEW BUSINESS:
A. Approval of a Resolution -- Stormwater Permit Delegation Authority.
B. Motion to establish the Stanley Parks and Recreation Commission — Ed
Humphries
C. Adoption Of the Stanley Parks and Recreation Advisory Commission By -
Laws — Ed Humphries.
D. Motion to appoint the people to the Parks and Recreation Commission.
E. Approval to amend our Ordinance Title IX Chapter 97 and 97.99
regarding fencing for swimming pool and water storage pools — Ed
Humphries
F. Request from Castlegate Construction to place a driveway entrance on the
easement drive accessing the pump station off Edison Court in Bennington
Woods — Ed Humphries.
VQ. CONSENT AGENDA:
A. Accept monthly reports as information.
vni. CITIZEN COMMENTS:
IX. MANAGER COMMENTS:
X. MAYOR AND COUNCIL COMMENTS:
X1. MOTION TO ADJOURN:
t

Table of Contents
NPDES STORMWATER PHASE 11
.
Applicant Status Information
1
Storm Sewer System Information
1
Existing Local Water Quality Programs
3
Receiving Streams
3
Reliance on another Entity to Satisfy One or More of Your Permit Obligations
4
Delegation of Authority
5
Signing Official Statement
5
MS4 Contact Information
6
Permits and Construction Approvals
7
Narrative Application Supplement
8
Public Education
8
•
Public Involvement
10
Illicit Discharge Detection and Elimination
11
Public Outreach
13
Construction Site Storm water Runoff Controls
15
Post Construction Site Management
17
Pollution Prevention/Good Housekeeping for Municipal Operations
19
Appendix A BMP'S
21
Appendix B Delegation of Authority
26
Appendix C Sediment and Erosion Controls Ordinance
28
Appendix D Organizational Chart
43
Appendix E Contact List
45
Appendix F NPDES Waste Water Discharge Letter
47
Appendix G Advertisements
49

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_ C�1
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑
YYYYM M D D

.. NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality.
Michael F. Easley, Governor William G. Ross, -Jr., Secretary
Alan W. Klimek, P.E., Director
January 22; 2007
-JCrr r . C?i~ �VII rt7n1]�^Itt►,
AND NATUFZ�L RESOURCES
a00RESVII_LE n,:GIONAk, OFFICE
' F-
Wilce B. Martin
Public Works Director.
P.O. Box 279 JAN 2 E
l l4 S. Main Street . 2001
: Stanley, North Carolina 28164
,SEC,
Subject: Request to Rescind NPDES Permit Number
NCS000497, Town of Stanley
Dear Mr. James;
Pursuant to Session Law 2006-246, municipalities with a population of less than 10,000, are
not required to. obtain a Phase It 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, takes, 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'altocations for the pollutant(s) of concerti. 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. .
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 7
512 N. Salisbury St., Raleigh, North Carolina 27604 ' ' NOrthCarOlna
Phone: [phone] FAX: [phone] Internet: h2o.enr.stale.nc.us, NatmrallffAn Equal OpporfunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper

DWQ has reviewed the comments received, the requirements of state laws and administrative
' rules, the rights of the municipalities, and our mandate to protect public health and environmental
quality. Based on that review, and pursuant to the Town of Stanley's request dated November 7,'
2006, DWQ is rescinding the Town of Stanley's NPDES Permit (NCS000497) and granting the Town
of Stanley (populations less than 10,000) a waiver from the requirements otherwise applicable to
municipalities that'own or operate a municipal separate storm sewer system (MS4) within an
urbanized area.
Pursuant to Session Law 2006-246, the Town of Stanley may subsequently be required to
seek coverage under an NPDES permit if circumstances change.
Although requirements to seek an NPDES Permit to administer the six minimum' measures in
40 CFR 122.34 has been waived for the Town of Stanley, beginning 1.July 2007, any new '
development that cumulatively disturbs one acre or more of land located in the Town of Stanley, must
. comply with the standards set forth in Section 9 of Session Law 2006-246:'"The Division of Water
Quality will administer and enforce the standards for development unless local government
(municipality or county) requests delegation to administration and enforcement of the standards set
forth in Section 9 of Session Law 2006-246. If you want to review the current Phase .11 Session Law
2006-246 (Senate Bill 51566) you can down load it from:
httt)://www.ricga.state.nc.us/ -
if you have any questions concerning this waiver or the post -construction requirements in
Session Law 2006-246, please contact me at 919/733-5083,ext. 545.
Sincerely,'
Mike Randall
Environmental Engineer
cc: DWQ Mooresville Regional Office _
Stormwater Permitting Unit
DWQ Central File
Y

A ol '
74 , ILIA.
NCDENR' Ru UEPT. OF
North Carolina Department of Environment and Natural Resou-rdie-s
Division of Water Quality
Michael F. Easley, Governor William G. Ross,:S., Secretary.)1
Alan.W. Klimek, P.E., Director
September 12, 2005 SP 2 2 20,E
Mayor Judith M. Johnson
106 E. Chestnut Street
Stanley, NC 28164
WffibeY 011'J ISubject: NPDES Permit NGS000497�
Town of Stanley, Gaston County
Dear Ms. Johnson;
In accordance with your application for a stormwater discharge permit submitted on May
26, 2004, and as amended, we are forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
agency dated May 9, 1994 (or as subsequently amended).
If any parts contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this letter.
This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office
Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision
shall be Final and binding.
This permit does not affect the legal requirements to.obtain other permits which may be
required by the Division of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other State, Federal or Local
governmental permit that may be required.
If you have any questions concerning this permit, please contact Mike Randall at
telephone number 919/733-5083 ext. 545.
Sincerely,
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
DWQ Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet. h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper
Alan W. Klimek, P.E.
onrt NhCarofina
Natundy

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000497
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act, as
amended,
Town of Stanley
is hereby authorized to discharge stormwater from their municipal separate storm sewer system
located:
within the Town of Stanley Jurisdictional Area
Gaston County
to receiving waters, Duharts and Hoyle, within the Catawba River basin in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III,
IV, V, VI, VII and VIE hereof.
This permit shall become effective October 1, 2005.
This permit and the authorization to discharge shall expire at midnight on October 1, 2010.
Signed this day September 12, 2005.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000497
TABLE OF CONTENTS
PART I PERMIT COVERAGE
PART II FINAL LIlvIlTATIONS AND CONTROLS FOR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
SECTION B: PUBLIC EDUCATION AND OUTREACH
SECTION C. PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
PART III PROGRAM ASSESSMENT
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
SECTION C: MONITORING AND RECORDS
PART VI LIMITATIONS REOPENER
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VIII DEFINITIONS
0

PERMIT NO. NCS000497
PART I PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until
expiration, the Town of Stanley is authorized to discharge stormwater from the municipal
separate storm sewer system (MS4) to receiving waters, Duharts and Hoyle, within the
Catawba 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 H Municipal NPDES Stormwater Permit
Application, NPDES Stormwater Permit Application Comprehensive Stormwater
Management Program Report and any approved modifications.
2. All discharges authorized herein shall be adequately managed in accordance with the
terms and conditions of this permit. Any other point source discharge to surface waters
of the state is prohibited unless it is an allowable non-stormwater discharge or is covered
by another permit, authorization, or approval.
3. This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
4. This permit covers activities associated with the discharge of stormwater from the MS4
within the jurisdictional area of the permittee as described in the approved local
Stormwater Plan to control potential pollution from the MS4. The permit applies to
current and future jurisdictional areas of the permittee, as well as areas that seek coverage
under this permit through inter -local or other similar agreements with permittee.
Agreements for coverage under this permit must be approved by the Division of Water
Quality, herein referred to as the Division.
5. The Division may deny or revoke coverage under this permit for separate entities and
require independent permit coverage as deemed necessary. In addition, the permittee may
petition the Division to revoke or deny coverage under this permit for specific entities.
6. Under the authority of Section 402(p) of the Clean Water Act and implementing
regulations 40 CFR Part 122, t23 and 124, North Carolina General Statutes 143-215.1
and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all
provisions contained and referenced in the Stormwater Plan are enforceable parts of this
permit. The permittee will develop and implement its approved Stormwater Plan in
accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the
Director, and the provisions of this permit.
7. The permit requires the development and proper implementation of the Stormwater
Management Plan. The purpose of the Stormwater Management Plan is to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, to protect water
quality, and to satisfy the applicable water quality requirements of the Clean Water Act.
Part I Page 1 of 2

PERMIT NO. NCS000497
Implementation of best management practices consistent with the provisions of the
Stormwater Management Plan constitutes compliance with the standard of reducing
pollutants to the maximum extent practicable. Successive iterations of the Stormwater
Management Plan and other components of this permit will be driven by the objective of
assuring that discharges do not cause or.contribute to the violation of water quality
standards, through the expansion and tailoring of management measures within the scope
of the Stormwater Management Plan.
8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In
addition, discharges of non-stormwater are also authorized through the MS4 of the
permittee if such discharges are:
(a) Permitted by, and in compliance with, another NPDES discharge permit including
discharges of process and non -process wastewater, and stormwater associated
with industrial activity; or
(b) Determined to be incidental non-stormwater flows that do not significantly impact
water quality and may include:
• water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising groundwaters;
• uncontaminated groundwater infiltration;
• uncontaminated pumped groundwater;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensate (commercial/residential);
• irrigation waters (does not include reclaimed water as described in I5A
NCAC 2H .0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flows from emergency fire fighting.
The Division may require that non-stormwater flows of this type be controlled
by the permittee's Stormwater Plan.
Part I Page 2 of 2

PERMIT NO. NCS000497
PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A: PROGRAM IMPLEMENTATION
The permittee will implement, manage and oversee all provisions of its Stormwater Plan to
reduce pollutants discharged from the MS4. This includes, but is not limited to, the following
areas:
The permittee will develop and maintain adequate legal mechanism, such as regulations,
ordinances, policies and procedures to implement all provisions of the Stormwater Plan.
The permittee will keep the Division advised of the status of development of appropriate
ordinances and legal authorities and will pursue these authorities in accordance with the
schedule outlined in the Stormwater Plan.
2. The permittee's Stormwater Plan will be implemented and managed such that the
discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is
anticipated that in order to meet this provision, implementation of the Stormwater Plan
will occur with emphasis given to priority areas and to management measures and
programs that are most effective and efficient at varying stages of the plan's
implementation.
3. The permittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the MS4.
4. The permittee will implement provisions of the Stormwater Plan as appropriate to
monitor and assess the performance of the various management measures that are a part
of the Stormwater Plan. This will include the provisions of this permit.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
6. The permittee will implement appropriate education, training, outreach, and public
involvement programs to support the objectives of this stormwater discharge permit and
the Stormwater Plan.
7. The permittee will implement a program to reduce pollution from construction site runoff
as described in the Stormwater Plan and in accordance with this permit.
S. The permittee will implement a post -construction site runoff control program to regulate
new development and redevelopment by requiring structural and non-structural best
management practices to protect water quality, to reduce pollutant loading, and to
minimize post -development impacts. This program will include provisions for long-term
operation and maintenance of BMPs.
Part H Page 1 of 12

PERMIT NO. NCS000497
9. The permittee will evaluate municipal operations and develop and implement an
appropriate program for municipal activities and ongoing operation and maintenance of
municipal facilities to reduce the potential for stormwater pollution.
10. Proposed permit modifications must be submitted to the Director for approval.
Part H Page 2 of 12

PERMIT NO. NCS000497
SECTION B: PUBLIC EDUCATION AND OUTREACH
1. Objectives for Public Education and Outreach
(a) Distribute educational materials to the community.
(b) Conduct public outreach activities.
(c) Raise public awareness on the causes and impacts of stormwater pollution.
(d) Inform the public on steps they can take to reduce or prevent stormwater
pollution.
2. BM11's for Public Education and Outreach
The permittee shall implement the following BMPs to meet the objectives of the Public
Education and Outreach Program and shall notify the Division prior to modification of any goals.
= �a
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(a) Establish a Public
Develop a public education program and
X
X
X
Education and
implement within 12 months of the permit
Outreach Program
issue date. Incorporate outreach elements
for significant minority and disadvantaged
communities.
,
(b) Informational Web Site
Develop and maintain internet web site.
X
X
X
Post newsletter articles on stormwater,
information on water quality, stormwater
projects and activities, and ways to contact
stormwater management program staff.
(c) Public education
Develop general stormwater educational
X
X
X
X
X
materials for schools,
material to appropriate target groups as
homeowners, and/or
likely to have a significant stormwater
businesses
impact. Instead of developing its own
materials, the permittee may rely on state -
supplied Public Education and Outreach
materials, as available, when
implementing its own program.
(d) Public education
Distribute written educational material to
X
X
X
X
X
material dissemination
abroad public audience. Possibilities
include, but are not limited to utility
mailouts and at special events.
Part II Page 3 of 12

PERMIT NO. NCS000497
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
1. Objectives for Public Involvement and Participation
(a) Provide opportunities for the public, including major economic and ethnic groups,
to participate in program development and implementation.
(b) Comply with applicable state and local public notice requirements.
2. BMPs for Public Involvement and Participation
The permittee shall implement the following BMPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of
any goals.
;� fBMP� .,�
5.iii
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(a) Administer a Public
Develop and implement a Public
X
X
X
X
X
Involvement Program
Involvement and Participation Program.
(b) Allow the public an
Conduct at least one public meeting to
X
opportunity to review
allow the public an opportunity to review
and comment on the
and comment on the Stormwater Plan,
Stormwater Plan
(c) Organize a volunteer
Organize and implement a volunteer
X
X
X
X
X
community
stormwater related program designed to
involvement program
promote ongoing citizen participation.
(d) Establish a Citizens'
Develop a citizens' group(s) for input on
X
X
X
X
X
Group(s)
stormwater issues and the stormwater
program.
Part H Page 4 of 12

PERMIT NO. NCS000497
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
1. Objectives for Illicit Discharge Detection and Elimination
(a) Detect and eliminate illicit discharges, including spills and illegal dumping.
(b) Address significant contributors of pollutants to the MS4. The permittee may
require specific controls for a category of discharges, or prohibit that discharge
completely, if one or more of these categories of sources are identified as a
significant contributor of pollutants to the MS4.
(c) Implement appropriate enforcement procedures and actions.
(d) Develop a storm sewer system map showing all outfalls and waters receiving
discharges.
(e) Inform employees, businesses, and the general public of hazards associated with
illegal discharges and improper disposal of waste.
2. BWs for Illicit Discharge Detection and Elimination
The permittee shall implement the following BMPs to meet the objectives of the Illicit
Discharge Detection and Elimination Program and shall notify the Division prior to
modification of any goals.
�BWi
cersasar hc l�e+o;c• �oasu lZsut �sr -
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(a) Develop/Implement
Develop and implement an Illicit
X
X
X
X
X
Illicit Discharge
Discharge Detection and Elimination
Detection and
Program. Include provisions for program
Elimination Program
assessment and evaluation.
(b) Establish and maintain
Establish and maintain adequate legal
X
X
X
X
X
appropriate legal
authorities to prohibit illicit discharges
authorities
and enforce the approved Illicit Discharge
Detection and Elimination Program.
(c) Develop a Storm Sewer
Identify outfall locations and map
X
X
X
X
X
System Base Map
stormwater drainage system components.
At a minimum, mapping components
includes outfalls, drainage areas, and
receiving streams.
Part U Page 5 of 12

PERMIT NO. NCS000497
�B'1VIP
Niea usus r ble Goals 3
o
YR
Pylffi
WIWI
o
(d) Implement illicit
Implement an inspection program to
X
X
X
X
X
discharge detection
detect dry weather flows at system
procedures
outfalls. Establish procedures for tracing
the sources of illicit discharges and for
removing the sources. Develop procedures
for identification of priority areas likely to
have illicit discharges. Continue to
identify, locate, and update map of
drainage system components on a priority
basis per approved Illicit Discharge
Program.
(e) Conduct employee
Conduct training for municipal staff on
X
X
X
X
X
cross -training
detecting and reporting illicit discharges.
(f) Provide public
Inform public employees, businesses, and
X
X
X
X
X
education
the general public of hazards associated
with illegal discharges and improper
disposal of waste.
(g) Establish a public
Establish and publicize a reporting
X
X
X
X
X
reporting mechanism
mechanism for the public to report illicit
discharges.
Part 11 Page 6 of 12

PERMIT NO. NCS000497
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwater runoff from construction activities disturbing one
or more acres of land surface and those activities less than one acre that are part of
a larger common plan of development.
(b) Provide procedures for public input, sanctions to ensure compliance, requirements
for construction site operators to implement appropriate erosion and sediment
control practices, review of site plans which incorporates consideration of
potential water quality impacts, and procedures for site inspection and
enforcement of control measures.
(c) Establish requirements for construction site operators to control waste such as
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
2. BMWs for Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the
Construction Site Runoff Controls and shall notify the Division prior to modification of any
goals.
.
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(a) Implement a program
Develop a regulatory mechanism and
X
X
X
X
X
and establish a
implement a program requiring erosion
regulatory mechanism
and sediment controls at construction sites
for erosion and
and providing for sanctions to ensure
sediment control
compliance. Instead of originating a new
program, the permittee may elect to
comply by relying on the NCDENR
Division of Land Resources (DLR)
Erosion and Sediment Control Program,
either as administered by the DLR, or as
delegated by the Sedimentation Control
Commission (SCC) to another entity with
appropriate jurisdiction, including the
permittee. The permittee may rely on the
DLR program only to the extent that that
program satisfies all of the following
B MPs.
Part H Page 7 of 12

PERMIT NO. NCS000497
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(b) Develop requirements
Require construction site operators to
X
X
X
X
X
on construction site
implement erosion and sediment control
operators
BMPs and to control construction site
wastes that may cause adverse water
quality im acts.
(c) Provide educational
New materials may be developed by the
X
X
X
X
X
and training materials
permittee, or the permittee may use
for construction site
materials adopted from other programs
operators
and adapted to the permittee's
construction runoff controls program.
(d) Institute plan reviews
Review construction plans and establish
X
X
X
X
X
procedures that incorporate water quality
considerations in construction site plan
reviews.
(e) Establish public
Establish procedures for receipt and
X
X
X
X
X
information procedures
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
timelyfollow-u action.
(f) Establish inspection
Establish procedures for site inspection
X
X
X
X
X
and enforcement
and enforcement of control measure
procedures
requirements. The procedures should
include prioritizing areas of inspections
based on local criteria.
The permittee relies on Gaston County to comply with this minimum measure. The preceding
table is modified by the following:
➢ The permittee shall conduct random inspections of local land disturbing activities that
have a sediment and erosion control permit, issued by Gaston County, to see if the site is
in compliance.
➢ The permittee will monitor the Gaston County program for effectiveness in. the permittee
jurisdiction.
➢ Sites that are not in compliance with their sediment and erosion control permits will be
reported to the Gaston County.
➢ Follow-up action by that Gaston County will be monitored.
➢ The permittee will maintain a record of findings and follow-up procedures.
The permittee must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The permittee may implement a
plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline
to meet the requirements of this paragraph.
Part H Page 8 of 12

PERMIT NO. NCS000497
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development / redevelopment that drains to
the MS4 and disturbs an acre or more of land surface, including projects less than
an acre that are part of a larger common plan of development or sale.
(b) Provide a mechanism to require long term operation and maintenance of BMPs.
(c) Ensure controls are in place to minimize water quality impacts.
2. BMPs for Post -Construction Site Runoff Controls
The permittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
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(a) Establish a Post-
Develop, adopt by ordinance (or similar
X X
X
Construction
regulatory mechanism), implement, and
Stormwater
enforce a program to address stormwater
Management Program
runoff from new development and
redevelopment. The ordinance must be
reviewed and approved by the Director
prior to implementation. Ensure that
controls are in place to prevent or
minimize water quality impacts.
(b) Establish strategies
Develop and implement strategies that
A X
X
which include BMPs
include a combination of structural and/or
appropriate for the
non-structural BMPs. Provide a
MS4
mechanism to require long-term operation
and maintenance of structural BMPs.
Require annual inspection reports of
permitted structural BMPs performed by a
uaiified professional.
(c) Establish a program to
Control the sources of fecal coliform to
X X
X
control the sources of
the maximum extent practicable.
fecal coliform to the
Develop and implement an oversight
maximum extent
program to ensure proper operation and
practicable
maintenance of on -site wastewater
treatment systems for domestic
wastewater. Municipalities must
coordinate this program with the county
health department.
Part H. Page 9 of 12

PERMIT NO. NCS000497
3. The evaluation of Post -construction Stormwater Management Program measures
(a) Those areas within the jurisdictional area of the permittee that are already subject
to the existing state stormwater management programs listed herein are deemed
compliant with the post -construction stormwater management model practices
identified in (b) below. The listed programs are: the Water Supply Watershed
protection programs for WS-I — WS-IV waters, the HQW and ORW waters
management strategies, the Neuse River Basin Nutrient Sensitive Waters
Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters
Management Strategy, and the Randleman Lake Water Supply Watershed
program.
(b) Model Practices. For those areas within the jurisdictional area of the permittee
that are not subject to the post -construction stormwater management provisions of
another existing state stormwater management program, the permittee's Post -
construction Stormwater Management Program must equal or exceed the
stormwater management and water quality protection provided by the following
model practices.
(i) The permittee may issue a local stormwater management permit to a
development or redevelopment project as either a low density project or a
high density project.
(ii) A project may be permitted as a low density project if it meets the
following criteria. -
(A) No more than two dwelling units per acre or 24% built -upon area;
(B) Use of vegetated conveyances to the maximum extent practicable;
(C) All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(D) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(ill) A project not consistent with the requirements for a low density project
may be permitted as a high density project if it meets the following
requirements:
(A) The stormwater control measures must control and treat the difference
between the pre -development and post -development conditions for the
1-year 24-hour storm. Runoff volume drawdown time must be a
minimum of 24 hours, but not more than 120 hours;
(B) All structural stormwater treatment systems must be designed to
achieve 85% average annual removal of total suspended solids;
Part H Page 10 of 12

PERMIT NO. NCS000497
(C) Stormwater management measures must comply with the General
Engineering Design Criteria For All Projects requirements listed in
15A NCAC 2H .1008(c);
(D)All built -upon areas are at least 30 feet landward of perennial and
intermittent surface waters; and,
(E) Deed restrictions and protective covenants are required by the locally
issued permit and incorporated by the development to ensure that
subsequent development activities maintain the development (or
redevelopment) consistent with the approved plans.
(c) Watershed Protection Plans. Public bodies may develop and implement
comprehensive watershed protection plans that may be used to meet part, or all, of
the requirements for post -construction stormwater management.
(d) . A regulated entity may develop its own comprehensive watershed plan, may use
the model ordinance developed by the Commission, may design its own post -
construction practices based on the Division's guidance and engineering standards
for best management practices, or it may incorporate the post -construction model
practices to satisfy, in whole or in part, the requirements for post -construction
stormwater management.
Part II Page 11 of 12

PERMIT NO. NCS000497
SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
MUNICIPAL OPERATIONS
I. Objective for Pollution Prevention and Good Housekeeping for Municipal
Operations
Prevent or reduce stormwater pollution from municipal operations.
2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal
Operations
The permittee shall implement the following BMPs to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to
modification of any goals.
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(a) Develop an operation
Develop an operation and maintenance
X
X
x
X
X
and maintenance
program that has the ultimate goal of
program
preventing or reducing pollutant runoff
from rri i al operations,
(b) Inspection and
Develop an inventory of all facilities and
X
X
X
X
X
evaluation of facilities,
operations owned and operated by the
operations, and the
permittee with the potential for generating
MS4 system and
polluted stormwater runoff, including the
associated structural
MS4 system and associated structural
BMPs.
BM -Ps. Inspect potential sources of
polluted runoff, the stormwater controls,
and conveyance systems. Evaluate the
sources, document deficiencies, plan
corrective actions, and document the
accomplishment of corrective actions.
(c) Conduct staff training
Conduct staff training specific for
X
X
X
X
X
pollution prevention and good
housekeeping rocedures.
(d) Review of municipality
Conduct annual review of the industrial
X
X
x
X
X
owned or operated
activities with a Phase I NPDES
regulated industrial
stormwater permit owned and operated by
activities
the permittee. Review the following
aspects-. the Stormwater Pollution
Prevention Plan where one is required, the
timeliness of any monitoring reports
required by the Phase I permit, and the
results of inspections and subsequent
follow-up actions at the facilities.
Part II Page 12 of 12

PERMIT NO. NCS000497
PART III PROGRAM ASSESSMENT
1. Implementation of the Stormwater Plan will include documentation of all program
components that are being undertaken including, but not limited to, inspections,
maintenance activities, educational programs, implementation of BMPs, enforcement
actions, and other stormwater activities. If monitoring and sampling are being performed
documentation of results shall be included. Documentation will be kept on -file by the
permittee for a period of five years and made available to the Director or his authorized
representative immediately upon request.
2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least
on an annual basis. The permittee will submit a report of this evaluation and monitoring
information to the Division on an annual basis. This information will be submitted by
December 1 of each year and cover the previous year's activities from October 1 through
September 30. The permittee's reporting will include appropriate information to
accurately describe the progress, status, and results of the permittee's Stormwater Plan
and will include, but is not limited to, the following components:
(a) The permittee will give a detailed description of the status of implementation of
the Stormwater Plan. This will include information on development and
implementation of ail components of the Stormwater Plan for the past year and
schedules and plans for the year following each report.
(b) The permittee will adequately describe and justify any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater Plan
(results, effectiveness, implementation schedule, etc.).
(c) The permittee will document any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater Plan.
In addition, any changes in the cost of, or funding for, the Stormwater Plan will be
documented.
(d) The permittee will include a summary of data accumulated as part of the
Stormwater Plan throughout the year along with an assessment of what the data
indicates in light of the Stormwater Plan.
(e) The permittee will provide information on the annual expenditures and budget
anticipated for the year following each report along with an assessment of the
continued financial support for the overall Stormwater Plan.
(f) The permittee will provide a summary of activities undertaken as part of the
Stormwater Plan throughout the year. This summary will include, but is not
limited to, information on the establishment of appropriate legal authorities,
Part III Page I of 2

PERMIT NO. NCS000497
project assessments, inspections, enforcement actions, continued inventory and
review of the storm sewer system, education, training and results of the illicit
discharge detection and elimination program.
3. The Director may notify the permittee when the Stormwater Plan does not meet one or
more of the requirements of the permit. Within 30 days of such notice, the permittee will
submit a plan and time schedule to the Director for modifying the Stormwater Plan to
meet the requirements. The Director may approve the corrective action plan, approve a
plan with modifications, or reject the proposed plan. The permittee will provide
certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the
changes have been made. Nothing in this paragraph shall be construed to limit the
Director's ability to conduct enforcement actions for violations of this permit.
4. The Division may request additional reporting information as necessary to assess the
progress and results of the permittee's Stormwater Plan.
Part III Page 2 of 2

PERMIT NO. NCS000497
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The permittee shall retain records of all information required by this permit for a period
of at least 5 years from the date of acquisition. This period may be extended by request of
the Director at any time prior to the end of the five-year period.
2. Report Submittals
(a) Duplicate signed copies of all reports required herein, shall be submitted to the
following address:
Department of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
(b) All applications, reports, or information submitted to DWQ shall be signed by a
principal executive officer, ranking elected official or duly authorized
representative. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a principal executive officer or
ranking elected official;
(ii) The authorization specified either an individual or a position having
responsibility for the overall operation of a regulated facility or activity or
an individual or position having overall responsibility for
env ironmentallstormwater matters; and
(iii) The written authorization is submitted to the Director.
(c) Any person signing a document under paragraphs (a) or (b) of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
Part IV Page 1 of 2

PERMIT NO. NCS000497
3. Recording Results
For each activity performed or information collected pursuant to the requirements of this
permit, the permittee shall record the following information:
(a) The dates, exact place, and time of the activity or information collected;
(b) The individual(s) who performed activity;
(c) The techniques or methods used; and
(d) The results of such activity or information collected.
4. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance that may constitute an imminent threat to health or the environment. Any
information shall be provided orally within 24 hours from the time the permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times,.and if the noncompliance
has not been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
5. Annual Reporting
The permittee will submit reporting and monitoring information on an annual basis per
Part III of this permit on forms provided by the DWQ.
6. Additional Reporting
The Director may request reporting information on a more frequent basis as deemed
necessary either for specific portions of the permittee's Stormwater Plan, or for the entire
Program.
7. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in applying
to be covered under this permit or in any report to the Director, it shall promptly submit
such facts or information.
Part IV Page 2 of 2

PERMIT NO. NCS000497
PART V STANDARD CONDITIONS
SECTION A: COMPLIANCE AND LIABILITY
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of permit
coverage upon renewal application.
(a) The permittee shall comply with standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants within the time
provided in the regulations that establish these standards or prohibitions, even if
the permit has not yet been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed the maximum amounts authorized by
Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person
who negligently violates any permit condition is subject to criminal penalties of
$2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year,
or both. Any person who knowingly violates permit conditions is subject to
criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit condition
may be assessed an administrative penalty not to exceed $11,000 per violation
with the maximum amount not to exceed $137,500. [Ref: Section 309 of the
Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
(c) Under state law, a daily civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation may be assessed against any person who violates
or fails to act in accordance with the terms, conditions, or requirements of a
permit. [Ref: North Carolina General Statutes 143-215.6A]
(d) Any person may be assessed an administrative penalty by the Administrator for
violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
penalties for Class I violations are not to exceed the maximum amounts
authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt
Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations
Part V Page 1 of 6

PERMIT NO. NCS000497
are not to exceed the maximum amounts authorized by Section 309(g)(2)(8) of
the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461
note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
note) (currently $11,000 per day for each day during which the violation
continues, with the maximum amount of any Class H penalty not to exceed
$137,500).
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit that has a reasonable likelihood of adversely affecting human
health or the environment.
3. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS. 143-215.3,
143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319.
Furthermore, the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property
or any invasion of personal rights, nor any infringement of federal, state or local laws or
regulations.
6. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
Part V Page 2 of 6

PERMIT NO. NCS000497
7. Duty to Provide information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the coverage issued pursuant to this permit or to
determine compliance with this permit. The permittee shall also furnish to the Director
upon request, copies of records required by this permit.
S. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per'violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
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, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
Part V Page 3 of 6

PERMIT NO. NCS000497
SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are owned and/or operated by
the permittee to achieve compliance with the conditions of this permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
Part V Page 4 of 6

PERMIT NO. NCS000497
SECTION C: MONITORING AND RECORDS
I. Representative Sampling
When required herein, stormwater samples collected and measurements taken shall be
characteristic of the volume and nature of the permitted discharge. Analytical stormwater
sampling shall be performed during a representative storm event. These samples shall be
taken on a day and time that is characteristic of the discharge. Where appropriate, all
stormwater samples shall be taken before the discharge joins or is diluted by any other
waste stream, body of water, or substance. When specified herein, monitoring points
established in this permit shall not be changed without notification to and approval of the
Director.
2. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used,to ensure the accuracy and
reliability of measurements of the volume of monitored discharges.
3. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure.
4. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by Iaw, to;
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this permit;
Part V Page 5 of 6

PERMIT NO. NCS000497
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this permit;
and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
5. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of
this permit shall be available.for public inspection at the offices of the Division of Water
Quality. As required by the Act, analytical data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
Part V Page 6 of 6

PERMIT NO. NCS000497
PART VI LIMITATIONS REOPENER
The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 1.5A
of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General
Statute 143-215.1 et. al.
Part VI Page 1 of 1

PERMIT NO. NCS000497
PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with
15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part VII Page 1 of I

PART VIII DEFINITIONS
Act
See Clean Water Act.
2, Best Management Practice BMP
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs can be structural or non-structural and may take the form of a process, activity,
physical structure or planning (see non-structural BMP).
3. Built -upon Area
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
4. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
5. Common Plan of Development
A construction or land disturbing activity is part of a larger common plan of development
if it is completed in one or more of the following ways:
In separate stages
In separate phases
In combination with other construction activities
It is identified by the documentation (including but not limited to a sign, public notice or
hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing
plans, contracts, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot. .
It can include one operator or many operators.
Part V H1 Page 1 of 4

6. Department
Department means the North Carolina Department of Environment and Natural
Resources
7. Division (DWQ)
The Division of Water Quality, Department of Environment and Natural Resources.
8. Director
The Director of the Division of Water Quality, the permit issuing authority.
9. EMC
The North Carolina Environmental Management Commission.
10, Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of
discharge.
11. Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
12. Illicit Discharge
Any discharge to a MS4 that is not composed entirely of stormwater except discharges
pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-
stormwater discharges, and discharges resulting from fire -fighting activities.
13. Industrial Activity
For the purposes of this permit, industrial activities shall mean all industrial activities as
defined in 40 CFR 122.26.
14. Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains):
Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having
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jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
wastes, including special districts under State law such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management
agency under Section 208 of the Clean Water Act (CWA) that discharges to
waters of the United States or waters of the State.
ii. Designed or used for collecting or conveying stormwater;,
iii. Which is not a combined sewer; and
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2
15. Non-stormwater Discharge Categories
The following are categories of non-stormwater discharges that the permittee must
address if it identifies them as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising
groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR
35.2005(20)], uncontaminated pumped groundwater, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water, springs, water
from crawl space pumps, footing drains, lawn watering, individual residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water (discharges or flows from fire fighting activities are
excluded from the definition of illicit discharge and only need to be addressed where they
are identified as significant sources of pollutants to waters of the United States).
16. Non-structural BMP
Non-structural BMPs are preventive actions that involve management and source controls
such as: (1) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and riparian areas,
maintain and/or increase open space, provide buffers along sensitive water bodies,
minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2)
policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure; (3) education programs for developers
and the public about minimizing water quality impacts; (4) other measures such as
minimizing the percentage of impervious area after development, use of measures to
minimize directly connected impervious areas, and source control measures often thought
of as good housekeeping, preventive maintenance and spill prevention.
17. Outfall
The point of wastewater or stormwater discharge from a discrete conveyance system. See
also point source discharge of stormwater.
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18. Permittee
The owner or operator issued this permit.
19. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited
to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which
stormwater is or may be discharged to waters of the state.
20. Redevelopment
Means any rebuilding activity unless that rebuilding activity;
1. Results in no net increase in built -upon area, and
2. Provides equal or greater stormwater control than the previous development.
21. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
22. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can
receive and still meet water quality standards, and an allocation of that amount to the
pollutant's sources. A TMDL is a detailed water quality assessment that provides the
scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and
maintain water quality standards in all seasons. The Clean Water Act, Section 303,
establishes the water quality standards and TMDL programs.
23. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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