TOBACCOVILLE_COMPLETE FILE - HISTORICAL_20060905

NORTH CAROLINA
Department of Environmental Qual
II

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
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DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑ D 4 o
YYYYMMDD

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9Qii
Michael F. [Insley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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Alan W. Klimek, P. E. Director
Division of Water Quality
-
Coleen H. Sullins, Deputy Director
Division ofWatcrQuality
September 5, 2006
The Village of Tobaccoville
Mr. Leo D. Corder, Jr.
6936 Doral Drive
P.O. Box 332
Tobaccoville, North Carolina 27050
Subject: Request for Waiver
Dear Mr. Corder;
Pursuant to Session Law 2006-246, municipalities with a population of less than 10,000, are not
required to obtain a Phase 11 National Pollutant Discharge Elimination System (NPDES) permit for
stormwater management unless the municipality is shown to be contributing to an impairment of State
waters, as determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the
requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and
they meet the following criteria:
➢ The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that
receive a discharge from the MS4 and has determined that storm water controls are not needed
based on wasteload allocations that are part of an EPA approved or established TMDL that
addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an
equivalent analysis that determines sources and allocations for the pollutant(s) of concern. The
pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter
that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil
and grease, and any pollutant that has been identified as a cause of impairment of any water
body that will receive a discharge from the MS4; and
➢ The permitting authority has determined that future discharges from the MS4 does not have
the potential to result in exceedances of water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and biological
impacts.
DWQ 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, DWQ is granting the Village of Tobaccoville (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.
RMEN7
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 [phone] Customer Service
1.877.623.6748

Pursuant to Session Law 2006-246, the Village of Tobaccoville 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 Village of Tobaccoville, beginning 1 July 2007, any new
development that cumulatively disturbs one acre or more of land located in -the Village of Tobaccoville,
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 I1 Session Law 2006-246(Senate Bill
S 1566) you can down load it from:
htt]2://www.ncga.statc.nc.us/
If you have any questions concerning this waiver or the post -construction requirements in
Session Law 2006-246, please contact me at 919I733-5083 ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: DWQ Winston-Salem Regional Office
Stormwater Permitting Unit
DWQ Central File

North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Mr. Mike Randall, Wetlands and Stormwater Branch
Di 'sion of Vater Quality
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE.: 2 March 2006
SUBJECT: Request for Waiver to Phase 11 National Pollutant Discharge Elimination System
(NPDES) Perinit for Stormwater Management for Villages of Alamance and
Tobaccoville; Towns of Walkertown, Bermuda Run, and Glen Alpine; and City of King.
Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject
request and we are familiar with the habitat values of the area. Our comments are provided in accordance
with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48
Stat. 401, as :upended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S_ 113-131 et seq.).
Municipalities with a population of less than 1,000 are not required to obtain a Phase 11 NPDES
permit for stormwater management Unless the municipality is shown to be contributing to an impairment
of State waters. The Village of Alamance has a population of less than 1000 and has requested a waiver
under this provision. The State may waive the requirements otherwise applicable to the municipality if
the MS4 serves a -population under 10,000 and they meet specific criteria. The Towns of Walkertown,
Bermuda Run, Glen Alpine; the City of King; and the Village of Tobaccoville have populations of less
than 10,000 and have requested a waiver..
The NCWRC is very concerned about direct and indirect impacts of widespread urban growth,
loss of headwater ecosystems, urban stormwater runoff and unmitigated stormwater issues, including
aggravated flooding, on the aquatic and terrestrial wildlife resources in North Carolina. The documented
decline in freshwater species is a direct response to declining quality of our streams and rivers_ For
example, 21 % of freshwater fishes and 53% of freshwater mussel species in North Carolina are
designated endangered, threatened, or of special concern at the state level (LeGrand et al. 2001).
Federally endangered and threatened species are particularly affected by secondary and cumulative
impacts associated with urban development due to their sensitivity to slight habitat alterations.
The NCWRC will not oppose the issuance of waiver for the Villages of Alamance and
Tobaccoville; Towns of Walkertown, Bermuda Run, and Glen Alpine, and the City of King since no
federally listed species are known to occur in these watersheds at this time. However, we feel these
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
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Page 2
2 March 2006
Request for Waiver
waivers should be re-evaluated periodically.. Should significant increases in population, degradation of
seater quality or aquatic habitat be found then the local municipality should be required to obtain a Phase
II NPDES stormwater management permit. Although these municipalities may not be required to obtain a
Please H NPDES storrnwater management permit, we encourage each municipality to work proactively to
prevent water quality and aquatic habitat degradation that results from urban growth and development.
We offer the following measures to help reduce impacts to aquatic and terrestrial wildlife resources.
More detailed information on each of these measures can be found in NCWRC's Guidance Memorandum
to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality (August 2002) which is located on the web at:
hctp://xv-%vw.newildlife.orp/pQ07 WildlifcSpeciesCon/ s�a7c3_impacts.pdf
1. We recommend the maintenance or establishment of a minimum 100-foot native forested buffer along
each side of perennial streams and 50-foot native forested buffer along each side of intermittent
streams and wetlands. Buffer width averaging may be appropriate due to existing contours and
elevations if averaging provides the same overall acreage.
2. Delineation of streams should be conducted for the municipal service area according to U.S. Army
Corps of Engineers (USACOE) orN.C. Division of Water Quality (NCDWQ) methodology. This
information can be found at http://h2o.e;nr.state.nc.us/ncwetiands/stnnfrm.htnil. Stream delineation
should occur prior to site clearing activities including tree removal.
Sewer lines, water lines, and other utility infrastructure should be kept out of riparian buffer areas
(Knutson and Naef 1997; and references therein). Where practicable, utilities should follow the
contours along the edge of floodplain. All utility crossings should be kept to a minimum. The
directional bore (installation of utilities beneath the riverbed, avoiding impacts to the stream and
buffer) stream crossing method should be used for utility crossings wherever practicable, and the
open cut stream crossing method should only be used when water level is low and stream now is
minimal. A minimum 50-100 foot setback on all streams, lakes, and wetlands should be maintained.
Pesticides should not be used for maintenance of rights -of -way within 100 feet of perennial streams
and 50 feet of intermittent streams, or within floodplains and wetlands associated with these streams.
4. Commercial or residential development within the I00-year FEMA floodplain and jurisdictional
water floodplain should be. prohibited and entire floodplains should be protected as undisturbed
forested areas. A no net loss of floodplain capacity ordinance is recommended.
S. To adequately protect streams, it is suggested that impervious surface is limited to Iess than 10%.
Suggested examples to accomplish the <IGO/* impervious goal are using conventional designs at a
level of <10% imperviousness or using conservation clusters with higher densities, with dedicated
open space and other stormwater control measures to mimic the hydrograph consistent with an
impervious coverage of less than 10%.
6. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the
need to fill and culvert, where practicable. If culverts must be used, the culvert should be designed to
allow passage of aquatic organisms. If multiple pipes or cells are used, at least one pipe or box
should be designed to remain dry during normal flows to allow for wildlife passage.
7. We recommend that municipalities incorporate the following elements into their erosion and sediment
control plans: minimize clearing and grading, protect waterways, phase construction for larger
construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes,
establish appropriate perimeter controls, employ advanced settling devices, implement a certified
contractors program, and regularly inspect erosion control measures.
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r Page 3
2 March 2006
Request for Waiver
Thank you for the opportunity to provide comments on this request for waiver. If we can be of
further assistance, please contact our office at [phone].
.Literature Cited. -
Knutson, K. L., and V. L. Naef, 1997. Management recommendations for Washington's priority habitats:
riparian. Washington Department of Fish and Wildlife, Olympia.
LeGrand, I E., Jr., S. P. Hall, and 3. T. Finnegan. 2001. Natural Heritage Program list of the rare animal
species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and
Recreation, Department of Environment and Natural Resources, Raleigh.
ec., Ron Linville, WRC
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1
FSAOXCOVER
Date 03/02/06
Number of pages including cover sheet
To: Mike Randall
Phone
Fax Phone
CC:
REMARKS:
919-733-5083 X545
99 9-733-9612
NC Wildlife Resources Commission
Habitat Conservation Program
P. O. Box 129
Sedalia, NC 27342-0129
From: Shari Bryant
Phone [phone]
Fax Phone [phone]
�] Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment
Stormwater Waivers -- Village of Alamance and Tobaccoville, Towns of Waikertown, Bermuda
Run, and Glen Alpine, City of King.
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10
r
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Date: January 10, 2006
To: Winston-Salem Journal
Number: 336-727-7424
From: Sarah Young, Division of Water Quality
Subject: Public Notice
Pages: 1
Alan W. Klimek, P.E. Director
Division of Water Quality
Pursuant to 40 CFR 122.32, municipalities with a population of less than 10,000, are not required to
obtain a Phase 11 National Pollutant Discharge Elimination System (NPDES) permit for stormwater
management unless the municipality is shown to be contributing to an impairment of State waters, as
determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the requirements
otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet the
following criteria:
➢ The State has evaluated the waters, including small streams, tributaries, lakes, and ponds, that
receive a discharge from the MS4 and has determined that storm water controls are not needed
based on wasteload allocations that are part of an EPA approved or established TMDL that
addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an
equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and
➢ The permitting authority has determined that future discharges from the MS4 does not have the
potential to result in exceedances of water quality standards, including impairment of designated
uses, or other significant water quality impacts, including habitat and biological impacts.
Please publish only the information (Public Notice) below, ONE TIME in the legal section of your
paper by Tuesday, February 7, 2006. Please fax a copy of the proof to me at 919-733-9612 for final
approval prior to publication. Within 10 days after publish date, please send the invoice and two
copies of the original affidavit to:
Sarah Young
NCDENR/DWO Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
The Town of Walkertown, the Town of Bermuda Run, and the Village of Tobaccoville have requested
waivers from the requirements otherwise applicable to' municipalities that own or operate a municipal
separate storm sewer system (MS4) within an urbanized area located in Forsyth County, within the
Yadkin Pee -Dee River Basin. The City of King 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 Stokes County, within the Yadkin Pee -Dee River Basin. Comments must be
received no later than March 3, 2006. 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]
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

0F WA Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
co � Alan W. Klimek, P.E. Director
Division of Water Quality
February 19, 2003
Mr. Leo D. Corder, Jr.
Village Administrator
Village of Tobacco vil leTitl e
P.O. Box Dora] Drive
Tobaccoville, North Carolina 27050
Subject: NPDES Phase I1 Stormwater
Non -ownership I non -operator certification
Forsyth County
Mr. Corder:
This letter is in response to you correspondence dated November 14, 2002 and as a follow-up to phone
conversations you had with Division staff the week of January 27, 2003. In the correspondence you ask for the
Division's opinion on whether the village of Tobaccoville qualified for the NPDES Phase II Stormwater Program
"Non -ownership 1 non -operation" certification. As was discussed during the January phone conversations, the
Division staff reviewed the submitted information and they reach the conclusion that the village of Tobaccoville
does own and operate a small municipal separate storm sewer system within the US census defined "Winston-
Salem" urbanized area.
As a owner and operator, the village of Tobaccoville does not qualify for the non -owner / non -operator certification
and will still need to meet the March 10, 2003 deadline for submitting a NPDES Phase Il permit application or file
for a wavier from the NPDES Phase II program.
If the village decides to pursue the wavier option, the Division encourages you to continue to keep abreast of the
state permanent rulemaking process associated with the NPDES Stormwater Discharge Program. The final
permanent rules may rely on factors other than ownership and operation to determine which public bodies need to
seek permit coverage.
If you have any questions concerning this letter, please contact Mr. Darren England at telephone number (919) 733-
5083, extension 545.
Sincerely,
Bradley Bennett
Stormwater & General Permits Unit
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
A
h
DENR
Customer Service
1 800 623-7748

_IL
February 12, 2003
VILLAGE o
Mayor
H. "terry Shore
TOBACCOVILLE
George W.1'Manuei
Incorporated 1991
Councilors
_
Jane C. Hauser
Myron W. Marion
Keith P Snow
FEB2��3
Administrator
Dan Corder
1--
Clerk
Robin S. Key
Darren M. England
Environmental Engineer of
N.C. Department of Environment and Natural Resources
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. England,
The Village of Tobaccoville would like to officially request a waiver from the
N.C. Department of Environment and Natural Resources regarding the Stormwater
Phase 11 regulations. It is our opinion that we meet the guidelines for requesting
this waiver and we ask that you give our community the opportunity to be granted
such waiver.
I call attention to the federal rules which state that the NPDES permitting authority
may waive permit coverage if the MS4 serves a population of less than 1000
within the urbanized area and if certain criteria are met.
I would first of like to address the population criteria. The two village streets
within the urbanized area are together exactly .22 of a mile long. There are 8
houses on Reynwest Ct. and 9 houses on Rhonswood Drive. The total population
of the residences along the MS4 is identified as a total of 39 people.
I have enclosed digital photographs of the two streets in question. There are 3
shots of Reynwest Ct. and 3 shots of Rhonswood Drive. If you will look at the
pictures of Reynwest Ct. you will see that it is a cut de sac which has only 1 small
sloped area in front of I house which could even be called a drainage system.
There are no culverts under any driveways on any part of this street. There is no
curbing or guttering. This street is strictly residential and is in an established
neighborhood which has been built out for a long time. There are no identifiable
6936 Doral Drive • PO Box 332 • Tobaccoville, NC 27050 • 336/983-0029 •lax 336/983-4334

erosion problems and the area is stable. There are no businesses or industry in this
neighborhood. There are no pollutants being discharged by the residents to any
part of this street. The residents mow and fertilize their grass on a semiannual
basis. All properties are zoned residential. The residents receive weekly garbage
pickup and recycling. There are no construction activities taking place on this
street. if you look at the pictures of Rhonswood Drive, which is very close to
Reynwest, you will see similar patterns. Most houses have sloped areas and
limited drainage conveyances. There are exactly 3 driveway pipes under 3
driveways. The rest of the street looks similar to Reynwest Ct. with grass all the
way to the street with no drainage conveyance. There is no curbing or guttering.
The street is strictly residential and is in an established neighborhood, which has
been built out for a long time. There are no identifiable erosion problems and the
area is stable. There are no businesses or industry in this neighborhood. There are
no pollutants being discharged by the residents to any part of this street. The
residents mow and fertilize their grass on a semiannual basis. All properties are
zoned residential. The residents receive weekly garbage pickup and recycling.
'there are no construction activities taking place on this street.
Second, the limited systems on the above two streets are not contributing
substantially to the pollutant loadings of the physically interconnected MS4
( DOT ) drainage system which they are connected to. There are no pollutants that
have been identified as a cause of impairment of any water body to which these
two streets discharge.
Third, the receiving water for both streets identified above would be a small creek
called Barkers Creek_ To our knowledge, this creek is not impaired in any way.
We have consulted with our local Environment Affairs Dept., which has identified
no problems in this immediate area.
Again, I would like to call attention to the size of our community and its unique
situation. You may refer to my letter sent to your division on 11/14/02. We are a
small residential community with lots of rural areas and open space. Because of
our proximity to Winston Salem, a portion of our community has been placed
within the urbanized area. We have very limited resources. We own no water or
sewer systems. We have no zoning ordinances. All zoning is done by Winston-
Salem Forsyth County. We have no building inspection control. All is done by
the county. We have a total of 4 Village employees. We have no maintenance
operations. Our only services are contracted garbage collection and street lights.
All streets in the Village with the exception of the two streets above are owned,
operated, and maintained by the DOT. We have no desire to take on any more
streets or street maintenance. The timing is not right for us to initiate a stormwater
program which we do not feel is needed at this point given our circumstances. We
fully understand that if we receive a waiver that the permanent rules may bring us
2

back into regulation at a later date. If the situation changes we would be proactive
in implementing a program in the future.
Given the above information, the Village of Tobaccoville would like to officially
request that a waiver be issued from you as the permitting authority. If you wish to
call to discuss this matter, 1 may be reached at the Village Hall at 336-983-0029.
Sincerely,
Dan Corder
Village Administrator

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VILLAGE of
TOBACCOVILLE
Date: 11/14/02
l o: Mr. Bradley Bennett
From: Mr. Leo D. Corder Jr.
Subject: Phase II Stormwater Notification
Mayor
H.lerry Shore
Mayor Pro Tern
George W. Manuel
Councilors
Jane C. Hauser
Myron W. Marion
^1 I r Keith P. Snow
,Administrator
j NOV 18 2002 Dan Carder
Clerk
Nrl a'r'�1 L , Robin S. Key
The Village of Tobaccoville received notification from the Division of Water Quality on
November 8 b, 2002 that our community has been placed within the urbanized area by
the Bureau of the Census. This would require that the Village develop a program and
apply for permit coverage if it operates or owns a small MS4.
I have read the required regulations describing the definition of a small MS4 and what the
regulations would require the Village to do. We would be unable to fulfill most of the
requirements of the program due to the limited resources available and also due to the
fact that we do not control many of the elements necessary to have a program.
I contacted Darren England and spoke with him about the possibility of obtaining a
waiver from the regulations. After describing our situation, Darren raised the possibility
that we might not fit the definition of owning or operating a small MS4. We are probably
the only municipality in Forsyth County which has the unique situation I will be
describing for you in greater detail in this letter. The more I think about it, the more
certain I am that we do not meet the criteria for being a small MS4. I would like to
respectfully describe our situation.
The Village of Tobaccoville has a population of 2258 as of this date. We were
incorporated in 1991 and our population at that time was around 1100. We are located in
a still rural section of Forsyth County and only have portions of the Village within the
urbanized area because of our proximity to Winston-Salem. We do not anticipate our
population to grow significantly through either annexation or growth to anywhere near
the 10,000 mark for many years.
The Village of Tobaccoville only annexed 300 ft. to each side of the road during the
original annexation. We have numerous donut holes within the county area that are not
municipal and therefore do not pay city taxes or receive services. It is our policy that
only voluntary annexation is done.
6936 Doral Drive • PO Box 332 • Tobaccoville, NC 27050. 336/983-0029 • Fax [phone]

The Village of Tobaccoville only provides two services to our residents. Those two
services are street lighting and solid waste pickup/recycling.
The Village of Tobaccoville has no zoning ordinances. All zoning and planning
decisions are made by the Winston-Salem Forsyth County Planning Board. We have no
building, construction, or inspection control. All of this is done for us by Winston-
Salem/Forsyth County and as such are not controlled by the Village.
We do not operate a water system. Our residents have either King City Water, Winston-
Salem City Water, well water, and septic systems. Again, the Village does not own or
operate any of these. The Village does not own or operate any municipal sewer storm
water drains. None of our residents have sewer service.
Of the streets within our Village limits, only .22 of a mile is actually maintained by the
Village of Tobaccoville. This .22 of a mile consists of a small section of Rhonswood
Drive and a small development drive called Reynwest Ct. There are no curbing or
guttering at either of these streets. One of these streets is grassed in all the way to the
pavement. The other has sloped areas near the pavement for drainage. I have marked the
entire limits of the streets we have in red on the enclosed Powell Bill Map. Except for a
few privately maintained streets , the entire road system in the Village is owned and
operated by the DOT.
The are no industrial facilities within the Village. Our limits take in only a small fraction
of the RJR property as you can see from the Powell Bill Map. They make tax equivalent
payments based on property value to ourselves and King due to an agreement worked out
prior to the Village incorporation. RJR, I am sure would be permitted as an industrial
facility. We have no control over RJR.
The Village has 3 full time employees and 1 part time employee. I am the Administrator.
We employ a full time Village Clerk and a part-time Park Assistant who primarily opens
and closes the park and opens and closes the community center and is responsible for
rentals. My full time parks employee primarily maintains the Village buildings, mows
grass, etc. We have a pickup truck and a lawnmower as our Village equipment. That is
the sum total of our maintenance fleet. We certainly don't pollute or discharge anything
to the DOT roads which surround us.
Our resources are very limited. Our budget this year is a total of $565,837. Of this, the
Reynolds money amounts to $243,187. Even though we have been eligible for Powell
Bill Money, unless we take on some street maintenance, we will soon be reduced. Our
Council does not want to start street maintenance. The few street projects we have done
in the past have been taking over private streets, paving them, and then turning them over
to the DOT. We do not intend to take on any street maintenance or ownership in the
future. We simply cannot afford to do this and keep our tax rate low. Salaries this year
for all our employees should run about $95,000. To provide garbage pickup costs us

$105,000. The rest is primarily spent on running the Village Park, small capital projects
etc.
The only possible item we might be able to control now would be to encourage a public
education program but it would be very limited in scope comprised of our newsletter,
brochures etc.
In summary, I would like for you to consider and respond to my request that the Village
of Tobaccoville not be considered a entity which owns or operates a small MS4 at this
time. If you allow us to file a certification, you may always designate us later if
conditions change. Your letter indicated that certification documents are contained on
your web page. I have reviewed the certification document and it seems very
straightforward. I would like for you to review our status and render an opinion on how
our certification document if filed would be received. Your help and time is certainly
appreciated and I look forward to receiving your response. Thank you.
Sincerely,
4�0 " ,
Leo D. Corder Jr.
Village Administrator
Village Of Tobaccoville

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
11/6/2002
THE VILLAGE OF TOBACCOVILLE
KERRY N. MCDUFFiE, VILLAGE ADMINISTRATOR
P.O. BOX 332
TOBACCOVILLE, NC 27050-0332
Subject: NPDES Phase 11 Stormwater Program
2000 U.S. Census - Notification of Coverage
Kerry N. McDuffie:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted stormwater
runoff. The Phase H program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files
produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has
compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen
census -designated urbanized areas in North Carolina.
We are writing to you to notify you that the Village of Tobaccoville 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 Village of
Tobaccoville does not own or operate a small MS4. The deadline for submitting your application package or
non -ownership certification is 18 months from the date of this letter. Application and certification documents, as well as
additional information on the NPDES stormwater program, are available for download at our web site . Our web address
is http://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 A
Winston-Salem Regional Office ©Fi�
WWR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 276W1617 [phone] Customer Service
1-800-623-7748