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HomeMy WebLinkAboutYOUNGSVILLE_COMPLETE FILE - HISTORICAL_20061121I, •STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000_ V DOC TYPE, j ❑ COMPLETE FILE - HISTORICAL IIUiD MOST RECENT DATE ❑ ! f YYYYMMDD c O�O� W ATF9QG Michael F. Easley, Governor William G. Ross Jr.,.Secretary North Carolina Department of Environment and Natural Resources 7 r Alan W. Klimek, P. R Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 21, 2006 The Town of Youngsville Brenda Robbins, Town Administrator P.O. Box 190 118 N. Cross St:. Youngsville, North Carolina 27596 Dear Ms. Robbins; Subject: Request for Waiver 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 Town of Youngsville 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 Youngsville 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 Youngsville, beginning 1 July 2007, any new development that cumulatively disturbs one acre or more of land located in the Town of Youngsville, 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. DWQ believes this, along with existing stormwater programs implemented by the Town of Youngsville, are adequate to protect the federally listed endangered dwarf wedgemussel in the Cedar Creek watershed. 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 Raleigh Regional Office S(ormwatcr Permitting Unit DWQ Central File N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 NCDENR Customer Service 1-877-023-6748 P.O. Sox 190 118 N. Cross St. Youngsville, N.C. 27596 (919)556-5073 • (919)556-0995 Fax Email address TinyiA gsrainC[rbiz.com Town of Youngsville November 14, 2006 Mr. Mike Randall Division of Water Ouality 1617 Mail Service Center Raleigh NC 27699-1617 Re: Phase II NPDES Stormwater Permit .k Town of Youngsville U N:VA DO() °D aN r uAir Dear Mr. Randall: L� The following information is provided in response to your letter dated . Septerri6er�6, 2006 regarding the Town of Youngsvillc's measures to protect the �� .. federally listed endangered dwarf wedgemussel in the Cedar Creek watershed. �i,The northern part of the Town is in the Cedar Creek watershed, generally those areas cast of N.C. Highway 96 and north of Main Street/Tarboro Road. These areas re primarily residential with the exception of the Youngsville Industrial Park on US Highway 1 A, one industrial building on North Nassau Street and the Town Hall and storage building on North Cross Street. These areas are routinely visited by Town staff with an eye out for illicit discharges to storm drains and waterways. At the Town's storage building, equipment and materials for the maintenance of the water and sewer systems are stored along with mowing equipment, etc. N%Ihen maintenance is needed on Town vehicles, it is done by a.contractor in another location outside the Cedar Creek watershed. No hazardous chemicals are stored on the site. The town actively pursues pollution prevention. The industries located in the industrial park are Welsh Paper, Alcan Packaging and Eastern Corporation, Welsh Paper and Alcan Packaging are both primarily packaging companies. Eastern Corporation is a metal roofing company. These would be considered clean companies that don't create polluted runoff from their sites. The other occupants of the industrial park are offices for companies such as Sprint Telephone, NCDOT, Majestic Marble and Franklin County Economic Development Commission. _�`$777 a i� ��,s $'N e"-.ifXi�,��'$ s}�'�F�lq,aay ¢ i r A`�xryi;537 • . • • • • . • • • . • • • • • • • • • s '.{ f f` �t6 November• 15, 2006 Page 2 Under Session Law 2006-246, the Federal Phase H Stormwater Management Requirements will be implemented and the Town of Youngsville will be subject to these requirements. We believe that these requirements, along with the other measures the Town has implemented will protect the dwarf wedgemussel from water quality problems due to polluted runoff within the jurisdiction of the Town of Youngsville. Please let me know if you need additional information regarding this matter. Sincerely, Town of Youngsville Brenda Robbins Town Administrator November 14, 2006 Mr. Mike Randall Division of Water Quality 1617 Mail Service Center Raleigh NC 27699-1617 re: Phase 11 NPDES Stonnwatcr Pen -nit Town of Youngsville Dear Mr. Randall: The following information is provided in response to your letter dated September 6, 2006 regarding the Town of Youngsville's measures to protect the federally listed endangered dwarf wedgemussel in the Cedar Creek watershed. The northern part of the Town is in the Cedar Creek watershed, generally those areas east of N.C. Highway 96 and north of Main Street/Tarboro Road. These areas are primarily residential with the exception of the Youngsville Industrial Park on US Highway IA, one industrial building on North Nassau Street and the Town Hall and storage building on North Cross Street. These areas are routinely visited by Town staff with an eye out for illicit discharges to storm drains and waterways. At the Town's storage building, equipment and materials for the maintenance of the water and sewer systems are stored along with mowing equipment, etc. When maintenance is needed on Town vehicles, it is done by a contractor in another location outside the Cedar Creek watershed. No hazardous chemicals are stored on the site. The town actively pursues pollution prevention. The industries located in the industrial park are Welsh Paper, Alcan Packaging and Eastern Corporation. Welsh Paper and Alcan Packaging are both primarily packaging companies. Eastern Corporation is a metal roofing company. These would be considered clean companies that don't create polluted runoff from their sites. The other occupants of the industrial park are offices for companies such as Sprint Telephone, NCDOT, Majestic Marble and Franklin County Economic Development Commission. Under Session Law 2006-246, the Federal Phase II Stormwatcr Management Requirements will be implemented and the 'Town of Youngsville will be subject to these requirements. We believe that these requirements, along with the other measures the Town has implemented will protect the dwarf wedgernussel from water quality problems due to polluted runoff within the jurisdiction of the Town of Youngsville. Mr. Mike Randall November 14, 2006 Page 2 Please let me know if you need additional information regarding this matter. Sincerely, Town of Youngsville Brenda Robbins Town Administrator o�o� wA r�9�� bOU —1 Michael F. Easley, Governor William G. Ross Jr., Seerclary North Carolina Department of Environment and Natural Resources September 6, 2006 The Town of Youngsville Brenda T. Robbins, Town Manager P.O. Box 190 Youngsville, North Carolina 27596-0190 Dear Ms. Robbins; Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Subject: Request for Additional Information Pursuant to Session Law 2006-246, the State may waive the requirements to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit fo? stonnwater management otherwise applicable to the municipality if the municipal separate storm sewer system (MS4) serves a population of less than 1,000 and they meet the following. criteria: ➢ Their system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES storm water program; and ➢ if they discharge any pollutant(s) that have been identified as a cause of impairment of any water body to which they discharge, storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established'.'total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. DWQ, in seeking comment to determine if the Town of Youngsville should be granted a waiver, received comment that Youngsville is located within a watershed that supports federally endangered species. The Town of Youngsville falls within the Cedar Creek watershed, within the Tar -Pamlico River Basin, that supports the dwarf wedgemussel. Certain waters provide habitat for federally -listed aquatic animal species that are listed as threatened or endangered by the U.S. fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions, required to sustain and recover federally listed threatened and endangered aquatic animal species, contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. r�rs OEM N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-5083 Customer service 1-877-623.6748 DWQ is seeking additional information on whether the continued existence of the dwarf wedgemussel may be adversely affected by the Town of Youngsville's stormwater discharges, allowable non-stormwater discharges, and stornwater discharge -related activities (including BMP installation) and what measures the Town of Youngsville has implemented or plans to implement to protect the dwarf wedgemussel, or any identified critical habitat. Please provide the additional information requested and your comments by Friday, November 3, 2006. If you have any questions concerning the request or process, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Mike Randall Environmental Engineer ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM TO: Mr. Mike Randall, Wetlands and Stormwater Branch Division of Water Quality FROM: Shannon Deaton, Program Manager Habitat Conservation Program 7- DATE: 27 February 2006 SUBJECT: Request for Waiver to Phase II National Pollutant Discharge Elimination Syst- ao �, (NPDES) Permit for Stormwater Management for Towns of Rolesville, Red 04 nd o Youngsville. jJ } 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 Clears Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), North Carolina General Statutes (G.S. 1 13-131 et seq.), and North Carolina Administrative Code 15A NCAC 101.0102. Municipalities with a population of less than 1,000 are not required to obtain a Phase II NPDES permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters. The Town of Rolesville has a population of less than 1000 and has requested a waiver under this provision. The State may waive the requirements otherwise applicable to the municipality if the MS4 serves a population under 10,000 and they meet specific criteria. The Towns of Red Oak and Youngsville have populations of less than 10,000 and have requested a waiver. It appears that portions of the Towns of Rolesville, Red Oak, and Youngsville are all located within watersheds that support federally endangered species. Town of Rolesville falls within the Little River watershed (Meuse River basin) that supports the federal and state endangered dwarf wedbemussel . (Alasmidonla helerodon). Town of Red Oak falls within the Swift Creek watershed (Tar -Pamlico River basin) that supports the federal and state endangered Tar spinymussel (Elliplio sleinslansana). Town of Youngsville falls within the Cedar Creek watershed (Tar -Pamlico River basin) that supports the dwarf wedgemussel. The NCWRC is very concerned about direct, secondary and cumulative impacts of widespread urban growth, loss of headwater ecosystems, urban stormwater runoff and unmitigated stormwater issues, including aggravated flooding, on the aquatic and terrestrial wildlife resources in North Carolina. The Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Page 2 27 February 2006 Request for Waiver — Towns of Rolesville, Red Oak, and Youngsville documented decline in freshwater species is a direct response to declining quality of our streams and rivers. For example, 21% of freshwater fishes and 53% of freshwater mussel species in North Carolina are designated endangered, threatened, or of special concern at the state level (LeGrand et al. 2001). Federally endangered and threatened species are particularly affected by secondary and cumulative impacts associated with urban development due to their sensitivity to slight habitat alterations. The NCWRC has provided comments on several Phase II Stormwater permits where federal endangered species are known to occur. Although the Phase 11 stormwater rules represent an appropriate baseline for proactively addressing stormwater issues, we believe additional, more protective measures are required to preserve the existing uses and ecological integrity of North Carolina waters over the long- term. Therefore, we feel that the request for waivers should be denied for the Towns of Rolesville, Red Oak, and Youngsville. For those portions of the Towns that fall within watersheds where federal endangered species are known to occur the following additional measures should be incorporated as permit conditions. 1. Permits for new developments exceeding 6% imperviousness shall be required to include stormwater controls designed to replicate and maintain the hydrographic condition at the site prior to the change in landscape and at a minimum include provisions that satisfy WS 11-HQW minimum standards (WSII-HQW waters as precedent; Schueler 1994; Arnold and Gibbons 1996; Doll et al. 2000; Mallin et al. 2000; May and Horner 2000; Stewart et al. 2000). 2. Infiltration practices (e.g., reduced road widths, rain gardens, parking lot bioretention areas, increased sheet flow instead of ditching, and disconnect impervious areas) to maintain predevelopment hydrographic conditions shall be emphasized over detention ponds. Condition information should include the base flow for low flow conditions. A 200-foot native, forested buffer on perennial streams and a 100-foot forested buffer on intermittent streams, or the full extent of the I00-year floodplain, shall be required for new developments. If wooded buffers do not exist, then these areas shall be revegetated or allowed to naturally revegetate (so long as the area is pervious) to increase the functionality of a forested buffer. (Knutson and Naef 1997, and references therein; 200-foot buffers on Randleman Lake;'200-foot buffers associated.with protection of aquatic endangered species habitats required for Buckhorn Reservoir Expansion Project in 1995 — City of Wilson). 4. Delineation of streams should be conducted for the municipal service area according to U.S. Army Corps of Engineers (USACOE) or N.C. Division of Water Quality (NCDWQ) methodology. This information can be found at http://l12o.enr.state.nc.us/neweIlands/strmfrm.11tml. Stream delineation should occur prior to site clearing activities including tree removal. 5. Commercial or residential development within the I00-year FEMA floodplain and jurisdictional water floodplains should be prohibited and floodplains should be protected as undisturbed forested areas. 6. Grassed swales shall be used in place of curb and gutter for new developments, except in areas with >5% slope. Check dams, level spreaders, and other associated best management practices shall be used to minimize the effect of stormwater runoff entering the riparian buffer areas. In areas where slopes exceed 5%, stormwater collected in piped conveyance systems shall be directed away from surface waters and best management practices shall be employed at both the intake and the outlet areas. "/ Page 3 27 February 2006 Request for Waiver — Towns of Rolesville, Red Oak, and Youngsville 7. Direct discharges of stormwater to streams should not be allowed. Effective energy dissipation at the pipe outlet shall be accomplished to prevent scour of the stream channel and buffer_ The ditching or piping of stormwater except when used in combination with grassed swales, level spreaders and check dams shall not be allowed in the riparian buffer. At no time should any mandated vegetated buffer zone be used for these engineered devices. Sewer lines, water lines, and other utility infrastructure should be kept out of riparian buffer areas (Knutson and Naef 1997; and references therein). Where practicable, utilities should follow the contours along the edge of floodplains. All utility crossings should be kept to a minimum and the directional bore (installation of utilities beneath the riverbed, avoiding impacts to the stream and buffer) stream crossing method should be -used for utility crossings wherever practicable. A minimum 100-200 foot setback on all streams, lakes, and wetlands should be maintained. Pesticides should not be used for maintenance of rights -of -way within 200 feet of perennial streams and 100 feet of intermittent streams, or within floodplains and wetlands associated with these streams. 9. Local governments shall encourage and offer incentives for new developments, as part of the subdivision review process, to use low impact development technique for stormwater control (Low Impact Development; EPA Document # 841— B-00-002 and 841-B-00-003); 'and reduce impediments to implementing the plan. Proposed projects that are subject to NCEPA review shall identify as a part of the subdivision review process anticipated impervious surface amounts prior to plat approval. 10. Municipalities should incorporate the elements listed below into their erosion and sediment control plans (see Brown and Caraco 2000 for additional information). a) Minimize clearing and grading. b) Protect waterways by preventing clearing adjacent to waterways, and stabilize drainage ways. c) Phase construction for larger construction sites (>25 acres). d) Stabilize soils as rapidly as possible (<2 weeks). e) Protect steep slopes, and avoid clearing or grading existing steep slopes as much as possible. f) Establish appropriate perimeter controls. g) Employ advanced settling devices. h) Implement a certified contractors program.' i) Perform regular inspection of erosion control measures, and sediment control devices. 11. In addition to the items listed above, locally enforced stringent erosion and sedimentation control requirements shall be developed and implemented for all construction.- The development of these requirements shall be fully coordinated with the state and federal agencies involved in aquatic endangered species. protection. These measures shall be state -of -the -science and significantly exceed state minimum requirements for sediment and erosion control. Local ordinances shall be developed to prevent agricultural or forestry exemptions from turning into development opportunities. 12, Developers and builders, including land -clearing operators, shall be required to participate in a local government stormwater and sediment erosion control education program. Certification and bonding is recommended. . 13. Conservation Reserve Program lands and restoration of prior converted wetlands shall be encouraged to help manage overall stormwater impacts as part of a regional integrated stormwater management plan. 14. The local government shall solicit assistance and concurrence from resource agencies such as NCDWQ, N.C. Division of Land Resources, NCWRC, N.C. Natural Heritage Program, and U.S. Fish Page 4 1 27 February 2006 Request for Waiver — Towns of Rolesville, Red Oak, and Youngsville and Wildlife Service during the initial development and assessment of best management practices for stormwater management, sediment and erosion control, utility placement, etc. 15. The local government shall provide an environmental check -off list that a developer must complete before the issuance of development approvals or any land disturbance, including timbering, to ensure protection of aquatic habitats for threatened and endangered species and that proper state and federal permits have been obtained. This shall preclude the issuance of any subdivision plan, building, and utility permits without inclusion of pertinent protective measures. This process shall ensure that land clearing does not occur without a site plan, including erosion control. 16. A watershed impact evaluation board shall be established to review projects within the service area with aquatic, endangered species. The board would ensure compliance, preview infrastructure and development plans and be eligible to seek funding for conservation initiatives designed to protect and preserve aquatic, endangered species. Thank you for the opportunity to provide comments on this request for waiver. If we can be of further assistance, please contact Shari Bryant at (336) 449-7625. Literature cited: Arnold, C. L., and C. J. Gibbons. 1996.. Impervious surface coverage —the emergence of a key environmental indicator. Journal of the American Planning Association 62:243-258. Brown, W., and D. Caraco. 2000. Muddy water in — muddy water out? Watershed Protection Techniques 2(3):393--403'. City of Wilson. 1995. EIS for the Buckhorn Reservoir Expansion. Doll, B. A., D. E. Wise -Frederick, C. M. Buckner, S. D. Wilkerson, W. A. Harman, and R. E. Smith. 2000. Hydraulic geometry relationships for urban streams throughout the piedmont of North Carolina, Pages 299-304 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi -land use watersheds, Portland, Oregon. Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. LeGrand, J. E., Jr., S. P. Hall, and J. T. Finnegan. 2001. Natural Heritage Program list of the rare animal species of North Carolina. North Carolina Natural Heritage Program, Division of Parks and Recreation, Department of Environment and Natural Resources, Raleigh. Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on bacteriological water quality in coastal watersheds. Ecological Applications- 10(4):1047-1056. May, C. W. and R. R. Horner. 2000. The cumulative impacts of watershed urbanization on stream - riparian ecosystems. Pages 281-286 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi -land use watersheds, Portland, Oregon. Schueler, T. 1994. The importance of imperviousness. Watershed Protection Techniques. ](3):100-11 1. r Page 5 27 February 2006 Request for Waiver — Towns of Rolesville, Red Oak, and Youngsville Stewart, J. S., D. M: Downes, L. Wang, J. A. Wier], and R. Bannerman. 2000. Influences of riparian corridors on aquatic biota in agricultural watersheds. Pages 209-214 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi -land use watersheds, Portland, Oregon. ec: Dale Suiter, USFWS Maria Tripp, NCWRC Angie Rodgers, NCWRC Sarah McRae, NHP ' of WAT1�9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carbina Department of Environment and Natural Resources Date: January 10, 2006 To: News and Observer Number: 919-829-4824 From: Sarah Young, Division of Water Quality Subject: Public Notice Pages: 1 Alan W. Klimek, R.E. Director Division of Water Quality Pursuant to Session Law 2004-163, municipalities with a population of less than 1,000, are not required to obtain a Phase II National Pollutant Discharge Elimination System (NPDES) permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of 33 U.S.C. § 1313(d). The State may waive the requirements otherwise applicable to the municipality if the municipal separate storm sewer system (MS4) serves a population of less than 1,000 within the urbanized area and they meet the Following criteria: Their system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES storm water program; and ➢ If they discharge any pollutant(s) that have been identified as a cause of impairment of any water body to which they discharge, storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established "total maximum daily load" (TMDL) that addresses the pollutant(s) of concern. Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, February, 7, 2006. Please fax a copy of the proof to me at 919-733-9612 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENRIDWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 The Town of Rolesville in Wake County and the Town of Youngsville in Franklin County 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 Wake and Franklin Counties, within the Neuse and Tar -Pamlico River Basins, respectively. 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 Mike.randall@ncmail.net N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053 NCOENR Customer Service 1 800 623-7748 01/13/06 10:08 FAX 919 829 4589 THE NEWS &OBSERVER 0002/002 I I I-- r GI A Life enriche The Town of Rolesville in Wake County and the Town of Youngsville in Franklin County have requested wiav- ers from the requirements otherwise applicable to mu- nicipalities that own or oper- ate a municipal separate storm sewer system (MS4) within an urbanized area, lo- cated in Wake and Franklin Counties, within the Neuse and Tar -Pamlico River Ba- sins, respectively. 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, extenstion 545 I+Vii ke. ranch l I @ nctmi I - r)et N&O: February 7, 2006 AFFIDAVIT OF PUBLICATION NORTH CAROLINA. Wake County.) 5s. 1f7 The Townrof;RolesvlVle 16 Wnke Cauniy and the Town ot. Youngsville yin1;Fran0in' County hove;recluested wlav= ers,from the-reauimments olherwise.applicable to mu: niclpaiilies that own or oiler-2 We a; municipal separate sinsl must than I :r V of Before the undersigned, a Notary Public of Chatham County North Carolina, duly commissioned and authorized to administer oaths, affirmations, etc., personally appeared Debra Peebles, who, being duly sworn or affirmed, according to law, doth depose and say that she is Billing Manager -Legal Advertising of The News and Observer a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as The News and Observer, in the City of Raleigh , Wake County and State aforesaid, the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section I- 597 of the General Statutes of North Carolina, and that as such she makes this affidavit; that she is familiar with the books, files and business of said corporation and by reference to the Tiles of said publication the attached advertisement for NC DIVISION OF WATER QUALITY was inserted in the aforesaid newspaper on dates as follows: 02/07/06 Account Number: 73350831 9 �7g The above is correctly copied from the books and files of the aforesaid Corporation and publication. 4,61.1 ........... Debra Peebles, Billing Manager -Legal Advertising Wake County, North Carolina Sworn or affirmed to, and subscribed before me, this 08 day of FEBRUARY , 2006 AD ,by Debra Peebles. In 'Testimony Whereof, I have hereunto set my hand and affixed my official seal, the ay and year aforesaid. ..... anet Scroggs, Notary Pub My commission expires I&` of March 2009. v� ti � r,x•--�y,�y v' ' �rl: S'� ���-' Waiver requests and regional comment Subject: Waiver requests and regional comment From: Ken Schuster <ken.schuster@ncmail.net> Date: Fri, 16 Dec 2005 17:36:07 -0500 To: Mike Randall <Mike.Randal I@nernail.net> Mike, I again just came across your subject October 12 th memo to me asking for input relative to phase II stormwater waiver requests for Rolesville, Red Oak, and Xoun sv' e If the municipalities meet the waiver requirements as these appear to, we do not see a problem with issuing a waiver. We would expect that any decision would be made consistently across the State. If the Central Office is aware or concerns that need to be discussed we would like to hear of those_ of 1 12/19/2005 7:50 AM Town of Youngsville P.O. Box 190 118 N. Cross St. Youngsville, N.C. 27596 (919)556-5073=- �.{ Fax (919)556-09951 ��B 2 5 2004 February 20, 2004 Mr. Mike Randell Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 Re: Waiver from NPDES, Phase 11 Requirements Town of Youngsville Dear Mr. Randell, We are perusing a waiver from the new NPDES, Phase If Stormwater requirements under 40 CFR 122.32 e. We believe that we may possibly meet the criteria for a waiver for the following reasons: l . The population of the Town of Youngsville is less than 10,000 persons. It is only 1,.017 at this time. 2. Our stormwater system does not "contribute substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES stormwater program." Our system is not "physically interconnected" with any other municipal storm water system. We may have interconnects with storm water structures owned by NCDOT in highways NC 96 and US1-A. 3. Our system and NCDOT"s system in our area discharge to Richland Creek and Little River in the Neuse River Basin and to Brandy Creek in the Tar/Pamilco River Basin. None of these streams are listed as impaired on the 303(d) List of Impaired Streams. If additional information is needed in support of this request, please contract our office. Sincerely, Brenda T. Robbins Town Administrator Town of Youngsville P.O. Box 190 118 N. Cross St, .Youngsville, N.C. 27596 (919)556-5073 Fax (919)556-0995 M November 13, 2002 Mr. Darren England Stormwater & General Permits Unit 1617 Mail Service Center Raleigh, N.C. 27699-1617 r Re: Waiver from NPDES, Phase It Requirements Town of Youngsville Dear Mr. England: • J� NOV 2 1 2002 L,,,� I DENS Wrsl _-r (7UALIIY t'OINT 130URCE E31 iANC H We have been told that the Town of Youngsville will be included in the Raleigh Urbanized Area and will be required to comply with the new NPDES, Phase 11 Stormwaterrequirements. We hereby request to be waived from this requirement in accordance with 40 CFR 122.32 d. We believe that we meet the criteria for this waiver for the following reasons: I . The population of the Town of Youngsville is less than 1000 persons. 2. Our stormwater system does not "contribute substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES stone water program." Our system is not "physically interconnected" with any other municipal storm water system. We may have interconnects with storm water structures owned by NCDOT in highways NC 96 and US IA. 3. Our system and NCDOT's system in our area discharge to Richland Creek and Little River in the Neuse River Basin and to Brandy Creek in the Tar/Panilico River Basin. None of these streams are listed as impaired on the 303(d) List of Impaired Streams. If additional information is needed in support of this request, please contact our engineer, Robert Graham at 919-833-1212 or Brenda Robbins, Town Administrator at 919-556-5073. Sincerely, j ungsville ardwick, Mayor w A 0 4 `C THE TOWN OF YOUNGSVILLE BRENDA T. ROBBINS, TOWN MANAGER P.O. BOX 190 YOUNGSVILLE. NC 27596-0190 Brenda T. Robbins: 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 Subject: NPDES Phase II Stormwater Program 2000 U.S. Census - Notification of Coverage In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the Clean Water Act. Phase I relies on National Pollutant discharge Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. The NPDES Stormwater Phase 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 I1 is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The NPDES Stormwater Phase II Final Rule requires nationwide coverage of all operators of small MS4s that are located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census. The Bureau of Census has recently released data detailing the 2000 Census urbanized areas and using GIS data files produced by the Bureau of Census, North Carolina Department of Environment and Natural Resources staff has compiled a list of municipalities and counties that we believe fall in whole or in part within one or more of the seventeen census -designated urbanized areas in North Carolina. We are writing to you to notify you that the Town of Youngsville 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 Youngsville 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.ncIus/su/stormwater.htm1. 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,, -y � b�'..�t GI / y Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Raleigh Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 ern NCDENR Customer Service 1-800-623-7748